B-168135, NOV. 14, 1969

B-168135: Nov 14, 1969

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WHERE SON WAS ACCEPTED FOR NAVY ENLISTMENT AT HONOLULU APR. 3. EMPLOYEE WAS TRANSFERRED FROM HAWAII TO SAN FRANCISCO JUNE 9. IS DENIED. AS SON'S RETURN TRAVEL TO HAWAII WAS NOT PERFORMED PURSUANT TO PROVISIONS OF 5 U.S.C. 5724 RELATING TO EXPENSES OF CIVILIAN EMPLOYEES' TRANSFER OF DUTY STATIONS. HENCE APPROPRIATED FUNDS OF EMPLOYING AGENCY ARE NOT AVAILABLE FOR REIMBURSEMENT OF EXPENSE CLAIMED. BENSON SAYS THE ABOVE EXPENSE IS A DIRECT RESULT OF HIS TRANSFER "AT THE GOVERNMENT'S CONVENIENCE FROM HAWAII TO S.F. BENSON'S TRANSFER AS AN EMPLOYEE OF THE NATIONAL PARK SERVICE APPEARS TO HAVE BEEN EFFECTED UNDER TRAVEL AUTHORIZATION NO. 940-139 DATED MAY 22. HE WAS ACCEPTED ON THAT DATE WITH NOTIFICATION TO REPORT BACK ON OR ABOUT JULY 17.

B-168135, NOV. 14, 1969

TRANSPORTATION--DEPENDENTS--ENLISTMENT TRAVEL EMPLOYEE'S CLAIM FOR COST OF SON'S TRANSPORTATION FROM SAN FRANCISCO TO HAWAII ON JULY 11, 1969 -- WHERE SON WAS ACCEPTED FOR NAVY ENLISTMENT AT HONOLULU APR. 3, 1969 AND INSTRUCTED TO REPORT BACK JULY 17, 1969, AND EMPLOYEE WAS TRANSFERRED FROM HAWAII TO SAN FRANCISCO JUNE 9, 1969 AND ADVISED BY NAVY THAT HIS SON MUST RETURN TO HAWAII FOR SWEARING-IN CEREMONY AND TRANSPORTATION BY NAVY FROM HONOLULU TO SAN DIEGO -- IS DENIED, AS SON'S RETURN TRAVEL TO HAWAII WAS NOT PERFORMED PURSUANT TO PROVISIONS OF 5 U.S.C. 5724 RELATING TO EXPENSES OF CIVILIAN EMPLOYEES' TRANSFER OF DUTY STATIONS, HENCE APPROPRIATED FUNDS OF EMPLOYING AGENCY ARE NOT AVAILABLE FOR REIMBURSEMENT OF EXPENSE CLAIMED.

TO MR. HAROLD P. DANZ:

YOUR LETTER OF OCTOBER 13, 1969, REFERENCE F62 (WR) AF X P6015 (C) WR, REQUESTS OUR DECISION CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT A VOUCHER OF MR. FORREST M. BENSON, JR., IN THE AMOUNT OF $84.47 WHICH REPRESENTS THE COST OF TRANSPORTATION OF HIS SON, ROBERT, FROM SAN FRANCISCO, CALIFORNIA, TO MAUI, HAWAII, ON JULY 11, 1969.

MR. BENSON SAYS THE ABOVE EXPENSE IS A DIRECT RESULT OF HIS TRANSFER "AT THE GOVERNMENT'S CONVENIENCE FROM HAWAII TO S.F. JUNE 9, 1969.' MR. BENSON'S TRANSFER AS AN EMPLOYEE OF THE NATIONAL PARK SERVICE APPEARS TO HAVE BEEN EFFECTED UNDER TRAVEL AUTHORIZATION NO. 940-139 DATED MAY 22, 1969.

THE STATEMENTS OF FACTS ON THE VOUCHER AND IN YOUR LETTER SHOW THAT ON APRIL 3, 1969, THE SON (AGE 18 ON MAY 30, 1969) APPLIED FOR ENLISTMENT INTO THE U.S. NAVY AT THE RECRUITER FACILITY IN HONOLULU. HE WAS ACCEPTED ON THAT DATE WITH NOTIFICATION TO REPORT BACK ON OR ABOUT JULY 17, 1969, TO THE NAVY RECRUITER IN HONOLULU FOR PROCESSING WITH A CONTINGENT OF ENLISTEES WHO WERE EXPECTED TO BE IMMEDIATELY ASSIGNED FROM HAWAII FOR TRAINING AT SAN DIEGO, CALIFORNIA. MR. BENSON SAYS THAT, UPON NOTIFICATION OF HIS TRANSFER BY THE NATIONAL PARK SERVICE FROM HAWAII TO SAN FRANCISCO, HE CONTACTED THE NAVY RECRUITER IN HONOLULU ON 3 OCCASIONS ABOUT HIS SON'S SITUATION AND WAS ADVISED THAT IT WOULD BE NECESSARY THAT HIS SON RETURN TO HAWAII FOR THE SWEARING-IN CEREMONY AND FOR TRANSPORTATION BY THE NAVY FROM HONOLULU TO SAN DIEGO. UPON HIS ARRIVAL IN SAN FRANCISCO, MR. BENSON RECEIVED SIMILAR ADVICE FROM THE LOCAL RECRUITING OFFICE.

WHILE RETURN TRAVEL BY MR. BENSON'S SON TO HAWAII MAY HAVE BEEN THE SON'S PERSONAL OBLIGATION WHICH AROSE UPON THE RECRUITER'S OFFICIAL ACCEPTANCE OF HIS ENLISTMENT INTO THE NAVY, IT WAS NOT PERFORMED PURSUANT TO THE PROVISIONS OF 5 U.S.C. 5724 RELATING TO EXPENSES OF TRANSFER OF DUTY STATIONS OF CIVILIAN EMPLOYEES. HENCE, THE APPROPRIATED FUNDS OF THE NATIONAL PARK SERVICE ARE NOT AVAILABLE FOR REIMBURSEMENT OF MR. BENSON, OR HIS SON, FOR THE EXPENSE CLAIMED ON THE PRESENT VOUCHER. SEE GENERALLY OUR DECISION B-161426 DATED JUNE 30, 1967, COPY ENCLOSED.

IT IS UNFORTUNATE THAT THE SON'S ENLISTMENT INTO THE NAVY IN HAWAII IMMEDIATELY PRECEDED MR. BENSON'S TRANSFER TO CALIFORNIA; HOWEVER, HE DID NOT THEREBY BECOME ENTITLED TO A ROUND TRIP FROM HAWAII TO CALIFORNIA AND RETURN TO HAWAII AT THE EXPENSE OF THE NATIONAL PARK SERVICE.

THEREFORE, THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.