B-170639, JUL 29, 1971

B-170639: Jul 29, 1971

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CIVILIAN EMPLOYEE - CHANGE OF STATIONS - REIMBURSEMENT OF EXPENSES WHEN ONE STATION IS OUTSIDE THE UNITED STATES CONCERNING CLAIM MADE BY MR. AS THE RECORD IS INCOMPLETE REGARDING UNDERLYING FACTS INVOLVED. EXPENSES OF A HOUSE HUNTING TRIP MAY NOT BE ALLOWED WHEN EITHER THE OLD OR THE NEW DUTY STATION IS LOCATED OUTSIDE THE CONTINENTAL UNITED STATES. EXPENSES OF REAL ESTATE TRANSACTIONS MAY NOT BE REIMBURSED UNLESS BOTH OLD AND NEW STATIONS WERE LOCATED WITHIN THE FIFTY STATES. HODGES: THIS IS IN FURTHER REFERENCE TO YOUR LETTER OF AUGUST 18. RODRIGUEZ WAS EMPLOYED BY USAID/VIETNAM. HE WAS RETURNED TO THE UNITED STATES TO BE SEPARATED AT SAN ANTONIO. 675.47 HAVE BEEN MADE. INASMUCH AS YOU HAVE NOT RAISED SPECIFIC QUESTIONS AS TO PARTICULAR ITEMS CLAIMED.

B-170639, JUL 29, 1971

CIVILIAN EMPLOYEE - CHANGE OF STATIONS - REIMBURSEMENT OF EXPENSES WHEN ONE STATION IS OUTSIDE THE UNITED STATES CONCERNING CLAIM MADE BY MR. ISAAC RODRIGUEZ, JR. FOR CERTAIN EXPENSES INCURRED INCIDENT TO TRANSFER FROM AGENCY FOR INTERNATIONAL DEVELOPMENT, SAIGON, VIETNAM, TO DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, WASHINGTON, D.C., FOR THE CONVENIENCE OF THE GOVERNMENT. AS THE RECORD IS INCOMPLETE REGARDING UNDERLYING FACTS INVOLVED, NO FINAL DECISION MAY BE GIVEN EXCEPT TO DISALLOW CLAIM FOR EXPENSES INCURRED ON THE 6-DAY HOUSE HUNTING TRIP AND THOSE IN CONNECTION WITH THE PURCHASE OF A HOME AT THE NEW DUTY STATION. EXPENSES OF A HOUSE HUNTING TRIP MAY NOT BE ALLOWED WHEN EITHER THE OLD OR THE NEW DUTY STATION IS LOCATED OUTSIDE THE CONTINENTAL UNITED STATES; EXPENSES OF REAL ESTATE TRANSACTIONS MAY NOT BE REIMBURSED UNLESS BOTH OLD AND NEW STATIONS WERE LOCATED WITHIN THE FIFTY STATES, PUERTO RICO, OR THE CANAL ZONE.

TO MRS. DOLORES T. HODGES:

THIS IS IN FURTHER REFERENCE TO YOUR LETTER OF AUGUST 18, 1970, FORWARDING A TRAVEL VOUCHER AND ATTACHMENTS CONCERNING EXPENSES CLAIMED BY MR. ISAAC RODRIGUEZ, JR., INCIDENT TO TRAVEL AND TRANSPORTATION OF EFFECTS UPON TRANSFER FROM THE AGENCY FOR INTERNATIONAL DEVELOPMENT (AID), SAIGON, VIETNAM, TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), WASHINGTON, D.C.

YOUR REQUEST FOR AN ADVANCE DECISION CONSISTED MERELY OF A TRANSMITTAL OF THE VOUCHER AND SUPPORTING PAPERS WITHOUT ANY EXPLANATION. SEE IN THIS CONNECTION 31 U.S.C. 82D. FUTURE REQUESTS SHOULD SET FORTH THE FACTS INVOLVED AND THE REASONS FOR SUBMITTING THE MATTER HERE FOR DECISION.

IT APPEARS FROM THE ENCLOSURES, AND FROM INFORMATION FURNISHED OUR OFFICE BY AID, THAT MR. RODRIGUEZ WAS EMPLOYED BY USAID/VIETNAM. HE WAS RETURNED TO THE UNITED STATES TO BE SEPARATED AT SAN ANTONIO, TEXAS, FOLLOWING COMPLETION OF 30 DAYS TEMPORARY DUTY IN WASHINGTON, D.C. DURING HIS PERIOD OF TEMPORARY DUTY HE RECEIVED AN APPOINTMENT, EFFECTIVE JULY 9, 1969, WITH HUD AT WASHINGTON, D.C. NO BREAK IN SERVICE OCCURRED.

THE VOUCHER TRANSMITTED WITH YOUR LETTER TOTALS $3,480.52 AGAINST WHICH TRAVEL ADVANCES AMOUNTING TO $2,675.47 HAVE BEEN MADE. INASMUCH AS YOU HAVE NOT RAISED SPECIFIC QUESTIONS AS TO PARTICULAR ITEMS CLAIMED, THIS LETTER WILL BE LIMITED TO ADVISING YOU OF THE GENERAL BASIS UPON WHICH EXPENSES MAY BE ALLOWED AND RETURNING THE VOUCHER TO YOU FOR ADMINISTRATIVE PROCESSING.

A COPY OF STANDARD FORM 52, REQUEST FOR PERSONNEL ACTION, DATED JUNE 17, 1969, INDICATES THAT THE APPOINTMENT WAS MADE FOR THE CONVENIENCE OF THE GOVERNMENT, AND MR. RODRIGUEZ "IS THEREFORE ENTITLED TO TRAVEL AND TRANSPORTATION FOR HIMSELF, HIS FAMILY AND HOUSEHOLD EFFECTS." SEE IN THIS CONNECTION 5 U.S.C. 5724(H) WHICH PRECLUDES PAYMENT OF EXPENSES WHEN A TRANSFER IS MADE PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF AN EMPLOYEE, OR AT HIS REQUEST. FOR THE PURPOSES OF THIS LETTER, AND ON THE BASIS OF THE COPY OF STANDARD FORM 52 BEFORE US, THE TRAVEL AND TRANSPORTATION EXPENSE ENTITLEMENT OF MR. RODRIGUEZ WILL BE CONSIDERED AS INCIDENT TO A TRANSFER FROM USAID/VIETNAM TO HUD/WASHINGTON.

EXPENSES AND ALLOWANCES CLAIMED ARE IN THE FOLLOWING CATEGORIES:

1. TRAVEL FOR WIFE AND CHILDREN FROM SAN ANTONIO.

2. HOUSE HUNTING TRIP - 6 DAYS.

3. TRAVEL OF EMPLOYEE, WIFE, AND CHILDREN TO SAN ANTONIO FROM WASHINGTON, D.C.

4. SUBSISTENCE EXPENSE WHILE OCCUPYING TEMPORARY QUARTERS.

5. MISCELLANEOUS EXPENSES ALLOWANCE.

6. TRANSPORTATION OF 2,460 POUNDS HOUSEHOLD EFFECTS FROM SAN ANTONIO TO BOWIE, MARYLAND.

7. ALLOWANCE FOR EXPENSES IN CONNECTION WITH REAL ESTATE TRANSACTION.

TWO OF THE CATEGORIES ABOVE, NOS. 2 AND 7, ARE NOT ELIGIBLE FOR REIMBURSEMENT. EXPENSES RELATED TO HOUSE HUNTING TRIPS MAY NOT BE AUTHORIZED WHEN EITHER THE OLD OR NEW DUTY STATION IS LOCATED OUTSIDE THE CONTINENTAL UNITED STATES. SEE SECTION 2.4A(3) OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56. ALLOWANCES FOR EXPENSES IN CONNECTION WITH REAL ESTATE TRANSACTIONS MAY BE MADE ONLY WHEN THE OLD AND NEW OFFICIAL STATIONS ARE LOCATED WITHIN THE 50 STATES, THE DISTRICT OF COLUMBIA, THE TERRITORIES AND POSSESSIONS OF THE UNITED STATES, THE COMMONWEALTH OF PUERTO RICO, OR THE CANAL ZONE. SEE SECTION 4.1A OF CIRCULAR NO. A-56. THUS NO BASIS EXISTS FOR THE FURNISHING OF TRANSPORTATION OR REIMBURSEMENT OF EXPENSES INCIDENT TO THE FOREGOING.

CATEGORIES NOS. 4 AND 5 MAY PROPERLY BE CONSIDERED FOR REIMBURSEMENT. SEE 47 COMP. GEN. 763 (1968).

IN REGARD TO THE REMAINING ITEMS, TRANSPORTATION AND REIMBURSEMENT OF EXPENSES ARE LIMITED TO NOT TO EXCEED THE COST OF DIRECT TRAVEL FROM THE OLD TO THE NEW STATION, LESS THE COST INCURRED BY USAID FOR RETURN TRAVEL. YOUR ATTENTION IS DIRECTED TO 46 COMP. GEN. 628 (1967) AND 47 ID. 763 (1968) FOR GUIDELINES IN THIS RESPECT. COPIES OF DOCUMENTS RELATING TO THE COSTS INCURRED BY AID HAVE BEEN OBTAINED AND ARE ENCLOSED FOR YOUR USE.

THE VOUCHER AND ENCLOSURES ARE RETURNED HEREWITH.

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