B-168754, FEB. 26, 1970

B-168754: Feb 26, 1970

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A-56 WERE INCURRED. THAT ITEM WAS NOT MARKED ON MR. PAYMENT OF THE APPROPRIATE MINIMUM AMOUNT SPECIFIED UNDER THE REGULATIONS IS NOT DEPENDENT SOLELY UPON THE AMOUNT OF HOUSEHOLD GOODS THAT IS TRANSPORTED INCIDENT TO THE TRANSFER. THE PURPOSE OF THE MISCELLANEOUS EXPENSES ALLOWANCE IS TO DEFRAY VARIOUS CONTINGENT COSTS LISTED UNDER SECTION 3.1B OF CIRCULAR NO. 1969 (PARAGRAPH C 8300 OF JTR) WHICH ARE INHERENT IN A RELOCATION OF A PLACE OF RESIDENCE. YOU SAY THAT DURING THEIR EMPLOYMENT AT THE LONG BINH DEPOT BOTH EMPLOYEES WERE FURNISHED QUARTERS FOR WHICH THEY PAID A CHARGE. WRIGHT WAS SERVING IN VIETNAM. IT APPEARS THAT UTILITIES WERE NOT DISCONNECTED OR TO BE RECONNECTED UPON HIS RETURN TO HIS FAMILY AND RESIDENCE MAINTAINED AT MEMPHIS.

B-168754, FEB. 26, 1970

CIVIL PAY--TRANSFERS--MISCELLANEOUS EXPENSES DECISION TO DEFENSE SUPPLY AGENCY ACCOUNTING AND FINANCE OFFICER CONCERNING PAYMENT OF MISCELLANEOUS EXPENSES TO EMPLOYEES TRANSFERRED FROM OVERSEAS TO MEMPHIS. OVERSEAS EMPLOYEES WHO OCCUPIED GOVERNMENT QUARTERS OVERSEAS AND WHO RETURNED TO THEIR HOMES IN UNITED STATES ON TRANSFER MAY NOT BE REIMBURSED MISCELLANEOUS EXPENSE ALLOWANCES WHEN NO EXPENSES OF THE TYPE INTENDED TO BE REIMBURSED UNDER SECTION 3.1, BUREAU OF THE BUDGET CIRCULAR NO. A-56 WERE INCURRED.

TO MR. W. F. GRICE:

YOUR LETTERS OF NOVEMBER 28, 1969, REFERENCE DDMT-CAF, FORWARDED TO US UNDER PDTATAC CONTROL NO. 69-55, REQUEST AN ADVANCE DECISION WHETHER YOU MAY PROPERLY PAY MISCELLANEOUS EXPENSES ALLOWANCES IN THE AMOUNTS OF $100 RECLAIMED ON EACH OF THE SUBMITTED VOUCHERS BY MR. JAMES V. WRIGHT AND MR. THOMAS L. LONG UNDER THE CIRCUMSTANCES HEREINAFTER RELATED.

YOU SAY MR. WRIGHT AND MR. LONG RETURNED (PERMANENT CHANGE OF STATION) TO DEFENSE DEPOT MEMPHIS IN NOVEMBER 1969 UNDER THEIR INDIVIDUAL AGREEMENTS OF 1968 PERMITTING RETURN AFTER HAVING SERVED 12 MONTHS OVERSEAS AT U.S. ARMY DEPOT, LONG BINH, 1ST LOGISTICAL COMMAND, APO SAN FRANCISCO 96332.

THE QUESTIONS PRESENTED BY YOU CONCERN MR. WRIGHT'S TRAVEL ORDER NO. 413- 69 DATED SEPTEMBER 13, 1969, AND MR. LONG'S TRAVEL ORDER NO. 462-69 DATED SEPTEMBER 26, 1969. NEITHER OF THE TRAVEL ORDERS (ITEM 11) EXPRESSLY AUTHORIZED PAYMENT OF MISCELLANEOUS EXPENSES ALLOWANCES- SUCH AS COVERED BY SECTION 3 OF CIRCULAR NO. A-56 AND CHAPTER 8, PART G, OF THE JOINT TRAVEL REGULATIONS OF THE DEPARTMENT OF DEFENSE. ITEM 17 OF MR. LONG'S TRAVEL ORDER DID SAY "TRAVEL ORDERS MAY BE AMENDED BY THE GAINING ACTIVITY TO INCLUDE TEMPO QTRS AND MISC EXP ALW AUTHORIZED IAW VOL II JTR."

ITEM 14 OF MR. WRIGHT'S TRAVEL ORDER CONTAINS AN INDICATION THAT HE HAD BEEN USING SOME PERSONAL FURNISHINGS OF HOUSEHOLD GOODS NATURE WHILE OCCUPYING THE QUARTERS AT LONG BINH DEPOT. THAT ITEM WAS NOT MARKED ON MR. LONG'S ORDER. HOWEVER, PAYMENT OF THE APPROPRIATE MINIMUM AMOUNT SPECIFIED UNDER THE REGULATIONS IS NOT DEPENDENT SOLELY UPON THE AMOUNT OF HOUSEHOLD GOODS THAT IS TRANSPORTED INCIDENT TO THE TRANSFER. THE PURPOSE OF THE MISCELLANEOUS EXPENSES ALLOWANCE IS TO DEFRAY VARIOUS CONTINGENT COSTS LISTED UNDER SECTION 3.1B OF CIRCULAR NO. A-56, REVISED JUNE 26, 1969 (PARAGRAPH C 8300 OF JTR) WHICH ARE INHERENT IN A RELOCATION OF A PLACE OF RESIDENCE.

YOU SAY THAT DURING THEIR EMPLOYMENT AT THE LONG BINH DEPOT BOTH EMPLOYEES WERE FURNISHED QUARTERS FOR WHICH THEY PAID A CHARGE. HOWEVER, WHILE MR. WRIGHT WAS SERVING IN VIETNAM, HIS DEPENDENTS RESIDED IN THE UNITED STATES. IT APPEARS THAT UTILITIES WERE NOT DISCONNECTED OR TO BE RECONNECTED UPON HIS RETURN TO HIS FAMILY AND RESIDENCE MAINTAINED AT MEMPHIS. MR. LONG, HAVING NO DEPENDENTS, HAS RESIDED WITH HIS PARENTS AT MEMPHIS SUBSEQUENT TO HIS RETURN FROM VIETNAM. YOU SAY THAT NEITHER MR. WRIGHT NOR MR. LONG ACTUALLY INCURRED ANY COSTS OF THE TYPES INTENDED TO BE COVERED BY THE $100 MISCELLANEOUS EXPENSES ALLOWANCE WHICH IS CLAIMED ON THEIR RESPECTIVE VOUCHERS.

OUR DECISIONS UNDER SECTION 3.2 OF CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, HAVE INDICATED THAT THE MINIMUM MISCELLANEOUS EXPENSES ALLOWANCE AUTHORIZED THEREUNDER IS MANDATORY IF A TRANSFER HAS OTHERWISE BEEN AUTHORIZED OR APPROVED, B-161240, JUNE 20, 1967, AND B-162691, NOVEMBER 3, 1967. WHILE THE REVISION TO SUCH CIRCULAR DATED JUNE 26, 1969, CONTAINS A SLIGHT ALTERATION IN THE LANGUAGE OF SUCH SECTION WE SEE NO BASIS FOR ANY DIFFERENT VIEW. MOREOVER, WE NOTE THAT THE JOINT TRAVEL REGULATIONS (C 10014) PROVIDE GENERALLY FOR APPROVAL OF ITEMS NOT AUTHORIZED IN A TRAVEL ORDER. THUS, THE ABSENCE OF ANY SPECIFIC AUTHORIZATION IN THE TRAVEL ORDERS HERE INVOLVED OF A MISCELLANEOUS EXPENSES ALLOWANCE IS NOT MATERIAL. HOWEVER, OUR DECISIONS HAVE ALSO INDICATED THAT PAYMENT OF MIMIMUM MISCELLANEOUS EXPENSES ALLOWANCE IS DEPENDENT UPON AT LEAST SOME EXPENSE OF THE MISCELLANEOUS EXPENSES CATEGORY BEING INCURRED NO MATTER HOW SMALL. B 163632, APRIL 9, 1968, COPY HEREWITH.

IN VIEW OF THE STATEMENTS IN YOUR LETTERS THAT MR. WRIGHT AND MR. LONG INCURRED NO EXPENSES OF THE TYPE INTENDED TO BE REIMBURSED BY SECTION 3.1, ABOVE, THERE IS NO BASIS FOR PAYMENT OF THE MISCELLANEOUS EXPENSES ALLOWANCES COVERED BY THE SUBMITTED VOUCHERS.

IN ACCORDANCE WITH ESTABLISHED PROCEDURE, THE SAID VOUCHERS ARE RETAINED IN OUR FILE.