B-170517, OCT. 15, 1970

B-170517, OCT. 15, 1970

TRANSFERS - TRANSPORTATION EXPENSES SUSTAINING SETTLEMENT OF JULY 17, 1970, THAT DISALLOWED CLAIM FOR TRAVEL AND MOVING EXPENSES INCURRED IN CONNECTION WITH TRANSFER FROM THE NAVAL ORDNANCE STATION, FOREST PARK, ILL., TO THE MARINE CORPS SUPPLY CENTER, BARSTOW, CALIFORNIA. EMPLOYEE WHO ACCEPTED A TRANSFER TO ANOTHER JOB IN A MANPOWER SHORTAGE AREA, ON THE BASIS THAT HE WOULD PAY HIS OWN EXPENSES FOR TRAVEL AND TRANSPORTATION, SINCE HE HAD BEEN OFFICIALLY NOTIFIED BEFOREHAND THAT THE GOVERNMENT WOULD NOT AUTHORIZE THE EXPENSES FOR THE MOVE, MUST BE DISALLOWED THE CLAIM, SINCE THE MOVE WAS NOT AUTHORIZED IN THE INTEREST OF THE GOVERNMENT, BUT MORE OR LESS FOR PERSONAL REASONS.

TO MR. EDWARD A. NERAD:

YOUR LETTER OF JULY 21, 1970, ACKNOWLEDGED AUGUST 3, REQUESTS RECONSIDERATION OF OUR SETTLEMENT OF JULY 17, 1970, DISALLOWING YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED IN CONNECTION WITH YOUR TRANSFER FROM THE NAVAL ORDNANCE STATION, FOREST PARK, ILLINOIS, TO THE MARINE CORPS SUPPLY CENTER, BARSTOW, CALIFORNIA, AS AN EMPLOYEE OF THE UNITED STATES DEPARTMENT OF THE NAVY. THE REASONS FOR THE DISALLOWANCE ARE SET OUT IN DETAIL THEREIN AND WILL NOT BE REPEATED HERE.

YOU CONTEND IN YOUR JULY 21 LETTER THAT YOUR REASSIGNMENT WAS DEFINITELY IN THE INTEREST OF THE GOVERNMENT AS YOU HAD ANSWERED A NATIONWIDE NEWSPAPER ADVERTISEMENT BY THE MARINE CORPS SUPPLY CENTER FOR ELECTRONIC MECHANICS AND THAT DURING YOUR ORIENTATION ON MAY 13, 1969, THE EMPLOYEE SUPERVISOR MADE THE STATEMENT THAT SUCH CENTER IS LOCATED IN A MANPOWER SHORTAGE AREA AND THUS YOU ARE ENTITLED THEREBY TO PAYMENT OF TRAVEL AND MOVING EXPENSES.

THE RECORD SHOWS THAT YOU REFUSED THE FIRST OFFER OF A POSITION BECAUSE THE CENTER WOULD NOT AUTHORIZE TRAVEL AND TRANSPORTATION EXPENSES. YOU LATER CONTACTED THE CENTER STATING THAT YOU WOULD ACCEPT A POSITION AND PAY YOUR OWN TRAVEL AND TRANSPORTATION EXPENSES. BEFORE YOU ACCEPTED THE POSITION YOU WERE AGAIN ADVISED OFFICIALLY THAT THE GOVERNMENT WOULD NOT PAY SUCH EXPENSES.

WHILE AUTHORITY EXISTS TO PAY THE TRAVELING AND OTHER EXPENSES OF NEW APPOINTEES TO POSITIONS FOR WHICH THE CIVIL SERVICE COMMISSION HAS DETERMINED THAT A MANPOWER SHORTAGE EXISTS, SUCH AUTHORITY WOULD NOT BE APPLICABLE TO YOUR SITUATION SINCE YOU WERE ALREADY IN THE GOVERNMENT SERVICE. YOUR RIGHTS ARE FOR DETERMINATION UNDER THE PROVISIONS OF 5 U.S.C. 5724, COVERING TRANSFER OF EMPLOYEES BETWEEN OFFICIAL DUTY STATIONS, IN PERTINENT PART, AS FOLLOWS:

"(A) UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE AND WHEN THE HEAD OF THE AGENCY CONCERNED OR HIS DESIGNEE AUTHORIZES OR APPROVES, THE AGENCY SHALL PAY FROM GOVERNMENT FUNDS--

"(1) THE TRAVEL EXPENSES OF AN EMPLOYEE TRANSFERRED IN THE INTEREST OF THE GOVERNMENT FROM ONE OFFICIAL STATION OR AGENCY TO ANOTHER FOR PERMANENT DUTY, AND THE TRANSPORTATION EXPENSES OF HIS IMMEDIATE FAMILY, OR A COMMUTATION THEREOF UNDER SECTION 5704 OF THIS TITLE; AND

"(2) THE EXPENSES OF TRANSPORTING, PACKING, CRATING, TEMPORARILY STORING, DRAYING, AND UNPACKING HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS NOT IN EXCESS OF 11,000 POUNDS NET WEIGHT." UNDER THE ABOVE PROVISIONS IT IS NOT MANDATORY THAT TRANSFER EXPENSES BE PAID BY THE GOVERNMENT IN A CASE SUCH AS YOURS. THE RECORD IN THIS CASE CLEARLY SHOWS THAT YOU WERE REPEATEDLY NOTIFIED OFFICIALLY THAT SUCH EXPENSES WOULD NOT BE AUTHORIZED OR APPROVED AND THAT YOU ACCEPTED THE TRANSFER ON THE BASIS THAT YOU WOULD PAY YOUR OWN TRAVEL AND TRANSPORTATION EXPENSES RESULTING THEREFROM.

IN VIEW THEREOF, NO BASIS EXISTS FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, OUR DISALLOWANCE OF JULY 17, 1970, IS SUSTAINED.