B-170253, AUG. 25, 1970

B-170253: Aug 25, 1970

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TWO EMPLOYEES DECLINED TO TRANSFER AND WERE PLACED IN POSITIONS IN DEFENSE SUPPLY AGENCY IN DALLAS. THE EMPLOYEE TRANSFER EXPENSES ARE TO BE BORNE BY THE LOSING AGENCY. N. CROSSLEY: THIS IS IN REPLY TO YOUR LETTER DATED MAY 19. REQUESTING A DECISION WHETHER THE DEFENSE SUPPLY AGENCY OR THE DEPARTMENT OF THE AIR FORCE IS REQUIRED TO PAY FOR THE NECESSARY COSTS INCIDENT TO THE TRANSFERS OF MRS. WRIGHT WERE EMPLOYED BY THE COMPTROLLER SERVICES DIVISION. THAT THE COMPTROLLER SERVICES ACTIVITIES WERE SCHEDULED TO BE TRANSFERRED TO THE COMPTROLLER SERVICES DIVISION. THEIR POSITIONS WERE IN THE FUNCTION TO BE TRANSFERRED AND THEY WERE OFFERED AN OPPORTUNITY TO STATE IN WRITING WHETHER THEY WOULD TRANSFER WITH THAT FUNCTION.

B-170253, AUG. 25, 1970

FUNCTION TRANSFER -- AGENCY LIABILITY DECISION AS TO AGENCY LIABILITY FOR COSTS INCIDENT TO TRANSFER. WHERE INCIDENT TO THE TRANSFER OF THE COMPTROLLER SERVICES DIVISION, AIR FORCE, FROM FORT WORTH TO LOS ANGELES, TWO EMPLOYEES DECLINED TO TRANSFER AND WERE PLACED IN POSITIONS IN DEFENSE SUPPLY AGENCY IN DALLAS, TEXAS, THE EMPLOYEE TRANSFER EXPENSES ARE TO BE BORNE BY THE LOSING AGENCY, IN THIS CASE THE AIR FORCE. COPY OF DECISION AND REFERRED TO AIR FORCE WITH ADVICE TO ISSUE TRAVEL ORDERS TO EMPLOYEES TO ALLOW RECOVERY OF EXPENSES.

TO MAJOR R. N. CROSSLEY:

THIS IS IN REPLY TO YOUR LETTER DATED MAY 19, 1970, REFERENCE DCRT, FORWARDED TO THIS OFFICE ON JULY 6, 1970, BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE, CONTROL NO. 70-35, REQUESTING A DECISION WHETHER THE DEFENSE SUPPLY AGENCY OR THE DEPARTMENT OF THE AIR FORCE IS REQUIRED TO PAY FOR THE NECESSARY COSTS INCIDENT TO THE TRANSFERS OF MRS. NATALIE C. BAKER AND MRS. DORIS N. WRIGHT, UNDER THE CIRCUMSTANCES PRESENTED.

MRS. BAKER AND MRS. WRIGHT WERE EMPLOYED BY THE COMPTROLLER SERVICES DIVISION, AIR FORCE PLANT REPRESENTATIVE OFFICE, FORT WORTH DIVISION, GENERAL DYNAMICS, FORT WORTH, TEXAS, WHEN ADVISED BY LETTER DATED AUGUST 19, 1969, HEADQUARTERS AIR FORCE CONTRACT MANAGEMENT DIVISION, AIR FORCE SYSTEMS COMMAND, LOS ANGELES, CALIFORNIA, THAT THE COMPTROLLER SERVICES ACTIVITIES WERE SCHEDULED TO BE TRANSFERRED TO THE COMPTROLLER SERVICES DIVISION, AFPRO, NORTH AMERICAN AVIATION, INC., LOS ANGELES, CALIFORNIA, AS OF NOVEMBER 30, 1969. THEIR POSITIONS WERE IN THE FUNCTION TO BE TRANSFERRED AND THEY WERE OFFERED AN OPPORTUNITY TO STATE IN WRITING WHETHER THEY WOULD TRANSFER WITH THAT FUNCTION. THE EMPLOYEES WERE ADVISED FURTHER THAT IF THEY DECLINED TO TRANSFER, EFFORTS WILL BE MADE TO LOCATE AN ACCEPTABLE POSITION IN THE FORT WORTH, TEXAS, AREA.

IT APPEARS THAT THE DEFENSE CONTRACT ADMINISTRATION SERVICES REGION, DEFENSE SUPPLY AGENCY, DALLAS, TEXAS, WAS NOTIFIED BY THE AIR FORCE OF THE EMPLOYEES WHO DESIRED PLACEMENT IN THAT AREA AND MRS. BAKER AND MRS. WRIGHT WERE SELECTED FOR POSITIONS AND WERE TRANSFERRED TO THE DEFENSE CONTRACT ADMINISTRATION SERVICES REGION EFFECTIVE OCTOBER 5 AND SEPTEMBER 14, 1969, RESPECTIVELY.

SUBSEQUENT TO THE TRANSFER OF THE TWO EMPLOYEES, THE DEPARTMENT OF THE AIR FORCE WAS REQUESTED TO ISSUE ORDERS AUTHORIZING THEIR TRANSFER. HOWEVER, BY LETTER DATED JANUARY 30, 1970, HEADQUARTERS, UNITED STATES AIR FORCE, WASHINGTON, D. C., ADVISED THE AIR FORCE SYSTEMS COMMAND, THAT SINCE MRS. WRIGHT DID NOT MOVE WITH THE ORGANIZATION TO ITS NEW LOCATION, ACTION WITH REGARD TO ELIGIBILITY AND AUTHORIZATION FOR PERMANENT CHANGE OF STATION MOVEMENT ALLOWANCE IS FOR DETERMINATION BY THE AGENCY TO WHICH THE EMPLOYEE WAS TRANSFERRED. THE HEADQUARTERS CITED PARAGRAPH C1053- 2B(1)(A), JOINT TRAVEL REGULATIONS, VOLUME 2, AS AUTHORITY FOR ITS ACTION.

YOU STATE THAT THERE APPEARS TO BE NO DOUBT AS TO THE CLAIMANTS' ENTITLEMENT TO REIMBURSEMENT FOR THEIR MOVE CAUSED BY THE TRANSFER OF FUNCTION. HOWEVER, YOU POSE THE QUESTION AS TO WHETHER THE AIR FORCE OR THE DEFENSE SUPPLY AGENCY SHOULD BEAR THE COST OF THE PAYMENT.

SECTION 5724(E), TITLE 5, U.S.C. PROVIDES AS FOLLOWS:

"(E) WHEN AN EMPLOYEE TRANSFERS FROM ONE AGENCY TO ANOTHER, THE AGENCY TO WHICH HE TRANSFERS PAYS THE EXPENSES AUTHORIZED BY THIS SECTION. HOWEVER, UNDER REGULATIONS PRESCRIBED BY THE PRESIDENT, IN A TRANSFER FROM ONE AGENCY TO ANOTHER BECAUSE OF A REDUCTION IN FORCE OR TRANSFER OF FUNCTION, EXPENSES AUTHORIZED BY THIS SECTION AND SECTIONS 5726(B) AND 5727 OF THIS TITLE (OTHER THAN EXPENSES AUTHORIZED IN CONNECTION WITH A TRANSFER TO A FOREIGN COUNTRY) AND BY SECTION 5724AA), (B) OF THIS TITLE MAY BE PAID IN WHOLE OR IN PART BY THE AGENCY FROM WHICH THE EMPLOYEE TRANSFERS OR BY THE AGENCY TO WHICH HE TRANSFERS, AS MAY BE AGREED ON BY THE HEADS OF THE AGENCIES CONCERNED."

IMPLEMENTING REGULATIONS ARE CONTAINED IN PARAGRAPH C1053-2B(1), JOINT TRAVEL REGULATIONS, VOLUME 2. SUBPARAGRAPH (A) THEREOF, PROVIDES THAT EXCEPT AS PROVIDED IN SUBPARAGRAPH (B), NECESSARY COSTS INCIDENT TO MOVEMENTS BETWEEN DIFFERENT DEPARTMENTS AND AGENCIES WILL BE BORNE BY THE DEPARTMENT OR AGENCY TO WHICH THE EMPLOYEE IS TRANSFERRED. SUBPARAGRAPH (B) PROVIDES IN PERTINENT PART THAT NECESSARY COSTS INCIDENT TO MOVEMENT BETWEEN DEPARTMENT OF DEFENSE ACTIVITIES LOCATED IN THE UNITED STATES, CAUSED BY REDUCTION IN FORCE OR TRANSFER OF FUNCTION WILL BE BORNE BY THE LOSING ACTIVITY ISSUING THE NOTICE OF REDUCTION IN FORCE OR TRANSFER OF FUNCTION.

PARAGRAPH C1053-2B(2)(B), JOINT TRAVEL REGULATIONS, PROVIDES THAT WHEN THE MOVEMENT OF EMPLOYEES IS WITHIN THE SAME DEPARTMENT, THE NECESSARY COSTS INCIDENT TO A REDUCTION IN FORCE OR TRANSFER OF FUNCTION WILL BE BORNE BY THE LOSING ACTIVITY ISSUING THE REDUCTION IN FORCE OR TRANSFER OF FUNCTION NOTICE.

PARAGRAPH C1100 OF THE REGULATIONS DEFINES DEPARTMENT OF DEFENSE COMPONENTS AS INCLUDING, AMONG OTHERS, THE DEFENSE SUPPLY AGENCY AND THE DEPARTMENT OF THE AIR FORCE. IT DEFINES "SEPARATE DEPARTMENTS" (OR AGENCIES) AS INCLUDING AND MEANING SEPARATELY THE OFFICE OF THE SECRETARY OF DEFENSE AND DEFENSE AGENCIES, AS WELL AS THE MILITARY DEPARTMENTS. STATES FURTHER THAT THE DISTINCTION BETWEEN SEPARATE DEPARTMENTS IS NECESSARY WITH REGARD TO FUNDING FOR TRAVEL AND TRANSPORTATION FROM ONE SEPARATE DEPARTMENT TO ANOTHER.

IN ACCORDANCE WITH THE FOREGOING REGULATION IT IS CLEAR THAT WHERE THE MOVEMENT OF CIVILIAN PERSONNEL BETWEEN ACTIVITIES OF SEPARATE DEPARTMENTS OR AGENCIES WITHIN THE DEPARTMENT OF DEFENSE, LOCATED IN THE UNITED STATES, AS WELL AS ACTIVITIES WITHIN THE SAME DEPARTMENT OR AGENCY SO LOCATED, IS CAUSED BY THE TRANSFER OF FUNCTION OF AN AGENCY, THE LOSING AGENCY WILL BEAR THE NECESSARY COST OF SUCH MOVEMENT. IT THEREFORE FOLLOWS THAT INCIDENT TO THE TRANSFER IN FUNCTION OF THE COMPTROLLER SERVICES DIVISION, AIR FORCE PLANT REPRESENTATIVE OFFICE, FROM FORT WORTH, TEXAS, TO LOS ANGELES, CALIFORNIA, THE NECESSARY COSTS INVOLVED IN THE PERMANENT CHANGE OF STATION MOVEMENT OF MRS. NATALIE C. BAKER AND MRS. DORIS N. WRIGHT CAUSED BY SUCH TRANSFER SHOULD BE BORNE BY THE LOSING AGENCY, THE COMPTROLLER SERVICES DIVISION, DEPARTMENT OF THE AIR FORCE.

BY LETTER OF THIS DATE, HEADQUARTERS, UNITED STATES AIR FORCE, WASHINGTON, D. C., IS BEING ADVISED OF OUR DECISION AND THE NECESSITY FOR THAT DEPARTMENT TO ISSUE THE REQUIRED TRAVEL ORDERS. THE VOUCHERS ARE RETURNED.