B-169275, APR. 30, 1970

B-169275, APR. 30, 1970

OFFICERS AND EMPLOYEES--TRANSFERS--RELOCATION EXPENSES--PERMANENT RESIDENCE REQUIREMENT--GOVERNMENT QUARTERS OCCUPIED EMPLOYEE TRANSFERRED FROM VIETNAM (OCCUPYING GOVT. QUARTERS) TO VIRGINIA MAY NOT BE PAID CLAIM FOR MISCELLANEOUS EXPENSE ALLOWANCE UNDER JTR VOL. II, PAR. C8300, SINCE CARTAGE OF REFRIGERATOR FROM GOVT. QUARTERS TO SHIPPING FACILITY IS NOT REIMBURSABLE ITEM UNDER SAID PROVISION AND PAR. C8302 CLEARLY CONTEMPLATES DISCONTINUANCE AND RELOCATION OF EMPLOYEE'S PERMANENT RESIDENCE QUARTERS FOR ENTITLEMENT TO SUCH ALLOWANCE, WHEREAS CLAIMANT RELINQUISHED FURNISHED GOVT. QUARTERS TO RETURN TO FAMILY RESIDENCE WHERE HIS DEPENDENTS HAD REMAINED DURING HIS OVERSEAS TOUR OF DUTY. SEE COMP. GEN. DECS. CITED.

TO MR. M. E. SMITH:

YOUR LETTER OF JANUARY 28, 1970, REFERENCE DGSC-CF, ENCLOSES A VOUCHER SIGNED BY MR. THOMAS A. BOBBITT IN THE AMOUNT OF $100 BY WHICH HE MAKES RECLAIM FOR ALLOWANCE OF MISCELLANEOUS EXPENSES ADMINISTRATIVELY DISALLOWED IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION FROM VIETNAM TO RICHMOND, VIRGINIA, IN DECEMBER 1969. THE MATTER HAS BEEN FORWARDED TO US BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE AND HAS BEEN ASSIGNED PDTATAC CONTROL NO. 70-10. YOU EXPRESS DOUBT WHETHER THE CLAIM MAY BE PAID AND ASK THAT WE RENDER YOU A DECISION CONCERNING THE MATTER.

YOU POINT OUT THAT MR. BOBBITT LIVED IN GOVERNMENT FURNISHED QUARTERS DURING HIS ASSIGNMENT IN VIETNAM; THAT HIS FAMILY REMAINED IN HIS RESIDENCE AT PETERSBURG, VIRGINIA, WHICH THEY OCCUPIED DURING HIS PREVIOUS TOUR OF DUTY AT RICHMOND AND THAT HE RETURNED THERETO UPON HIS PERMANENT CHANGE OF STATION. YOU QUESTION WHETHER MR. BOBBITT ACTUALLY RELOCATED HIS RESIDENCE AS CONTEMPLATED BY PARAGRAPH 8302, VOL. II, JOINT TRAVEL REGULATIONS IN VIEW OF HIS OCCUPANCY OF GOVERNMENT QUARTERS IN VIETNAM AND THE CONTINUED OCCUPANCY OF HIS RESIDENCE IN PETERSBURG, BY HIS FAMILY. YOU ADD, HOWEVER, THAT UPON LEAVING VIETNAM MR. BOBBITT DID INCUR SOME EXPENSE IN HAVING A REFRIGERATOR MOVED FROM HIS GOVERNMENT QUARTERS TO THE PACKING AND SHIPPING FACILITY AND THAT HIS TRAVEL ORDERS PERMITTED AMENDMENT BY THE GAINING ACTIVITY TO INCLUDE A MISCELLANEOUS EXPENSE ALLOWANCE WHEN AUTHORIZED.

PARAGRAPH 8300, VOL. II, JOINT TRAVEL REGULATIONS PROVIDES AS FOLLOWS:

"C 8300 GENERAL

"THE MISCELLANEOUS EXPENSE ALLOWANCE IS FOR THE PURPOSE OF DEFRAYING VARIOUS CONTINGENT COSTS ASSOCIATED WITH RELOCATION OF A RESIDENCE IN CONNECTION WITH AN AUTHORIZED OR APPROVED PERMANENT CHANGE OF STATION. THE ALLOWANCE IS RELATED TO EXPENSES THAT ARE COMMON TO LIVING QUARTERS FURNISHINGS AND HOUSEHOLD APPLIANCES AND OTHER GENERAL TYPES OF COSTS INHERENT IN RELOCATION OF A PLACE OF RESIDENCE. NO ADVANCE OF FUNDS FOR THE MISCELLANEOUS EXPENSE ALLOWANCE IS AUTHORIZED. THE TYPES OF COSTS INTENDED TO BE REIMBURSED INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING:

"1. DISCONNECTING AND CONNECTING APPLIANCES, EQUIPMENT AND UTILITIES INVOLVED IN RELOCATION, AND COST OF CONVERTING APPLIANCES FOR OPERATION ON AVAILABLE UTILITIES (THIS DOES NOT INCLUDE THE COST OF PURCHASING APPLIANCES OR EQUIPMENT IN LIEU OF CONVERSION);

"2. CUTTING AND FITTING RUGS, DRAPERIES AND CURTAINS MOVED FROM ONE RESIDENCE QUARTERS TO ANOTHER;

"3. UTILITY FEES OR DEPOSITS THAT ARE NOT OFFSET BY EVENTUAL REFUNDS;

"4. FORFEITURE LOSSES ON MEDICAL, DENTAL, AND FOOD LOCKER CONTRACTS THAT ARE NOT TRANSFERABLE;

"5. AUTOMOBILE REGISTRATION, DRIVER'S LICENSE AND USE TAXES IMPOSED WHEN BRINGING AUTOMOBILES INTO SOME JURISDICTIONS;

"6. RENTAL AGENT FEES CUSTOMARILY CHARGED FOR SECURING HOUSING IN FOREIGN COUNTRIES;

"(EFFECTIVE 26 JUNE 1969)

"*7. UNBLOCKING, BLOCKING, AND RELATED EXPENSES IN CONNECTION WITH RELOCATING A HOUSE TRAILER RESIDENCE, BUT NOT THE TRANSPORTATION EXPENSES ALLOWED UNDER PAR. C 7100."

PARAGRAPH 8302, CITED IN YOUR LETTER PROVIDES:

"ELIGIBILITY"

"A MISCELLANEOUS EXPENSE ALLOWANCE WILL BE PAYABLE TO AN EMPLOYEE FOR WHOM A PERMANENT CHANGE OF STATION IS AUTHORIZED OR APPROVED, WHEN HE HAS DISCONTINUED AND ESTABLISHED A RESIDENCE IN CONNECTION WITH SUCH CHANGE OF STATION, REGARDLESS OF WHERE THE OLD OR NEW DUTY STATION IS LOCATED, PROVIDED AN APPROPRIATE AGREEMENT IS SIGNED."

IT IS CLEAR FROM THE LANGUAGE QUOTED THAT THE REGULATIONS CONTEMPLATE A DISCONTINUANCE AND RELOCATION OF AN EMPLOYEE'S PERMANENT RESIDENCE QUARTERS. IT IS EQUALLY CLEAR THAT THE EXPENSE MENTIONED IN YOUR LETTER FOR CARTAGE OF EMPLOYEE'S REFRIGERATOR IS NOT OF THE TYPE FOR WHICH THE MISCELLANEOUS EXPENSE ALLOWANCE WAS DESIGNED AND THAT THERE, IN FACT, WAS NO DISCONTINUANCE OR RELOCATION OF EMPLOYEE'S PERMANENT RESIDENCE WHERE HE RESIDED IN GOVERNMENT FURNISHED QUARTERS AND HIS FAMILY REMAINED AT THE FAMILY RESIDENCE. SEE B-162492, OCTOBER 6, 1967, AND B-164137, JUNE 26, 1968, COPIES ENCLOSED, CONCERNING SIMILAR PROVISIONS OF BUREAU OF THE BUDGET CIRCULAR NO. A-56.

THE VOUCHER, WHICH IS RETURNED HEREWITH TOGETHER WITH RELATED PAPERS, MAY NOT BE CERTIFIED FOR PAYMENT.