B-170627, NOV. 23, 1970

B-170627: Nov 23, 1970

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MAY IF THE TRANSFER WAS IN INTEREST OF GOVERNMENT AND NOT FOR EMPLOYEE'S PERSONAL CONVENIENCE MAY BE REIMBURSED FOR TRANSFER EXPENSES INCURRED AFTER JULY 21. IS NOT REIMBURSABLE. ALTHOUGH EMPLOYEE'S HOUSEHOLD EFFECTS WERE NOT TRANSPORTED TO THE NEW RESIDENCE UNTIL AUGUST 16. WAS EFFECTED AT HIS REQUEST. IN VIEW OF THE ABOVE WE ARE CONCERNED AS TO WHETHER MR. HUNTINGTON'S TRANSFER TO SEATTLE WAS IN THE INTEREST OF THE UNITED STATES AND NOT FOR HIS PERSONAL CONVENIENCE OR AT HIS REQUEST WE INVITE YOUR ATTENTION TO PARAGRAPH 5 OF BUREAU OF THE BUDGET TRANSMITTAL LETTER DATED OCTOBER 12. REVISED) WHICH SPECIFIED THAT ENTITLEMENT TO ALLOWANCES UNDER PUBLIC LAW 89-516 IS CONDITIONED UPON (A) THE EMPLOYEE REPORTING FOR DUTY AT HIS NEW OFFICIAL STATION (WHICH CONSTITUTES THE EFFECTIVE DATE OF THE TRANSFER OR APPOINTMENT) ON OR AFTER JULY 21.

B-170627, NOV. 23, 1970

TRANSFERS - RELOCATION EXPENSES AUTHORIZING CERTIFICATION OF VOUCHER FOR CERTAIN EXPENSES INCIDENT TO TRANSFER OF EMPLOYEE FROM ALEXANDRIA, VA., TO SEATTLE, WASHINGTON, IN 1966. EMPLOYEE (RETIRED OFFICER) WHO INCIDENT TO DEMOTION FROM GS-14 IN WASHINGTON, D.C., TO GS-13 IN SEATTLE, WASHINGTON, EFFECTIVE JULY 3, 1966, TRAVELED TO NEW STATION JULY 10, 1966, MAY IF THE TRANSFER WAS IN INTEREST OF GOVERNMENT AND NOT FOR EMPLOYEE'S PERSONAL CONVENIENCE MAY BE REIMBURSED FOR TRANSFER EXPENSES INCURRED AFTER JULY 21, 1966 - EFFECTIVE DATE OF PUBLIC LAW 89-516. MILEAGE AND PER DIEM FOR TRAVEL OF DEPENDENTS PRIOR TO JULY 21, 1966, IS NOT REIMBURSABLE. ALTHOUGH EMPLOYEE'S HOUSEHOLD EFFECTS WERE NOT TRANSPORTED TO THE NEW RESIDENCE UNTIL AUGUST 16, 1966, THAT FACT WOULD NOT RETROACTIVELY INCREASE THE EMPLOYEE'S WEIGHT ENTITLEMENT UNDER THE COMMUTED RATE SYSTEM, SINCE THAT METHOD OF COMPUTATION WOULD ONLY BE APPLICABLE FOR SHIPMENT AFTER JULY 21, 1966. EXPENSES FOR SALE OF RESIDENCE AND CONNECTION OF APPLICANCES AND REGISTRATION OF AUTOMOBILE MAY BE CONSIDERED UNDER PUBLIC LAW 89-516.

TO MR. ROBERT D. TILEY:

ON AUGUST 11, 1970, YOU ASKED WHETHER YOUR OFFICE SHOULD APPLY THE PROVISIONS OF PUBLIC LAW 89-516 ENACTED JULY 21, 1966, OR WHETHER THE PRIOR LAW AND REGULATIONS WOULD GOVERN YOUR CONSIDERATION AND AUDIT OF THE RECLAIM OF MR. HASKINS HUNTINGTON, LETTER DATED JULY 17, 1970, REGARDING EXPENSES CLAIMED ON THE ENCLOSED TRAVEL VOUCHER DATED JUNE 1, 1967.

THE VOUCHER ITEMIZES MILEAGE AND PER DIEM FOR TRAVEL AS ACTUALLY PERFORMED, EXPENSES OF SALE AND PURCHASE OF REAL ESTATE, EXPENSES OF SHIPMENT AND TEMPORARY STORAGE OF HOUSEHOLD GOODS, TEMPORARY QUARTERS SUBSISTENCE EXPENSES AND MISCELLANEOUS EXPENSES ALLOWANCE INCIDENT TO RELOCATION OF HIS RESIDENCE FROM ALEXANDRIA, VIRGINIA, TO SEATTLE, WASHINGTON, UNDER TRAVEL ORDER NO. 7 EDA 203 DATED JULY 8, 1966, WHICH AUTHORIZED CHANGE OF STATION TRAVEL TO BEGIN ON OR ABOUT JULY 10 AND TO END ON OR ABOUT JULY 20, 1966.

WE NOTE THAT ON MAY 29, 1966, MR. HUNTINGTON CONTRACTED TO SELL HIS ALEXANDRIA RESIDENCE. FURTHER, THE PERSONNEL ACTION AUTHORIZED BY THE PERSONNEL OFFICER OF THE ECONOMIC DEVELOPMENT ADMINISTRATION (EDA), STANDARD FORM 50 DATED JULY 1, 1966, EFFECTIVE JULY 3, 1966, SHOWS "DEMOTION" FROM GRADE GS-14 AT WASHINGTON, D. C., TO GS-13 AT SEATTLE, WASHINGTON. ITEMS 12 AND 30 OF THE FORM INDICATE THAT ON APRIL 10, 1966, MR. HUNTINGTON AS A RETIRED OFFICER OF THE UNIFORMED SERVICE RECEIVED A PROBATIONARY APPOINTMENT TO GS-14 (PRESUMABLY WITH THE OFFICE OF ECONOMIC OPPORTUNITY) AND THAT THE PERSONNEL ACTION OF JULY 1, 1966, CALLING FOR DEMOTION TO GS-13 CIVILIAN SERVICE AT SEATTLE, WAS EFFECTED AT HIS REQUEST. SEE THE THIRD PROVISION IN 5 U.S.C. 73B-1(A), NOW 5 U.S.C. 5724(H); ALSO SECTION 1.5 (FIRST PARAGRAPH) OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, 1962 EDITION, AS AMENDED BY TRANSMITTAL MEMORANDUM NO. 4 DATED JUNE 20, 1964, WHICH REMAINED IN EFFECT UNTIL JULY 21, 1966. COMPARE 5 U.S.C. 5724(E) AND 5724AC).

IN VIEW OF THE ABOVE WE ARE CONCERNED AS TO WHETHER MR. HUNTINGTON NOT ONLY REQUESTED THE DEMOTION ACTION BUT ALSO REQUESTED THE TRANSFER TO SEATTLE SO AS TO BE PRECLUDED FROM ENTITLEMENT TO TRANSFER EXPENSES UNDER THE CITED PROVISIONS OF LAW AND REGULATIONS.

ASSUMING THAT MR. HUNTINGTON'S TRANSFER TO SEATTLE WAS IN THE INTEREST OF THE UNITED STATES AND NOT FOR HIS PERSONAL CONVENIENCE OR AT HIS REQUEST WE INVITE YOUR ATTENTION TO PARAGRAPH 5 OF BUREAU OF THE BUDGET TRANSMITTAL LETTER DATED OCTOBER 12, 1966 (CIRCULAR NO. A-56, REVISED) WHICH SPECIFIED THAT ENTITLEMENT TO ALLOWANCES UNDER PUBLIC LAW 89-516 IS CONDITIONED UPON (A) THE EMPLOYEE REPORTING FOR DUTY AT HIS NEW OFFICIAL STATION (WHICH CONSTITUTES THE EFFECTIVE DATE OF THE TRANSFER OR APPOINTMENT) ON OR AFTER JULY 21, 1966, AND (B) OTHERWISE REIMBURSABLE EXPENSES WERE INCURRED ON OR AFTER JULY 21, 1966. HENCE, AND HAVING REGARD FOR THE FACT THAT MR. HUNTINGTON REPORTED TO HIS NEW OFFICIAL STATION ON JULY 21, 1966, THE ITEMS OF EXPENSE CLAIMED ON THE VOUCHER WOULD BE FOR CONSIDERATION ALONG THE LINES HEREINAFTER INDICATED.

AS TO THE MILEAGE AND PER DIEM CLAIMED FOR 10 DAYS OF THE ACTUAL PERIOD, SEE SECTION 1.3B(1)(B) OF CIRCULAR NO. A-56 (1962), AS AMENDED JULY 30, 1965, BY TRANSMITTAL MEMORANDUM NO. 5. HOWEVER, PER DIEM WOULD NOT BE ALLOWABLE FOR THE DEPENDENTS' TRAVEL PRIOR TO JULY 21, 1966.

THE EXPENSE OF SHIPMENT OF THE EMPLOYEE'S HOUSEHOLD GOODS (9,660 POUNDS) WAS INCURRED ON JULY 7, 1966, THE DATE THAT THE GOODS WERE LOADED FOR TRANSPORTATION TO SEATTLE. THE SHIPMENT ARRIVED AT THE CARRIER'S WAREHOUSE FOR TEMPORARY STORAGE IN SEATTLE ON JULY 18, 1966. THUS SINCE THE EXPENSES OF SHIPMENT AND TEMPORARY STORAGE-IN-TRANSIT WERE INCURRED PRIOR TO JULY 21, 1966, THE 7,000-POUND LIMITATION THEN IN EFFECT WOULD APPLY THERETO. ALTHOUGH THE ACTUAL DELIVERY OR DRAYAGE FROM WAREHOUSE STORAGE TO RESIDENCE IN SEATTLE OCCURRED ON AUGUST 16, 1966, THAT FACT WOULD NOT RETROACTIVELY INCREASE MR. HUNTINGTON'S WEIGHT ENTITLEMENT UNDER THE COMMUTED RATE SYSTEM ESTABLISHED PURSUANT TO 5 U.S.C. 73B-1(B), NOW 5 U.S.C. 5724(C).

THE VOUCHER ATTACHMENTS SHOW THAT SALE AND PURCHASE OF RESIDENCES OCCURRED DURING AUGUST 1966 AS DID CONNECTION OF APPLIANCES AND REGISTRATION OF AUTOMOBILE. THOSE TRANSACTIONS WOULD BE FOR CONSIDERATION UNDER THE APPLICABLE PROVISIONS OF CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966. HOWEVER, THE CLAIM OF SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS MUST BE JUSTIFIED BY EVIDENCE AS REQUIRED BY 2.5D(1) OF THE CIRCULAR.

THE VOUCHER IS RETURNED HEREWITH FOR HANDLING IN ACCORDANCE WITH THE FOREGOING.