B-172108, APR 21, 1971

B-172108: Apr 21, 1971

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A-56 MAY BE POST APPROVED WHEN THERE IS AN ADMINISTRATIVE ERROR. RAAKA: FURTHER REFERENCE IS MADE TO YOUR LETTER. GANSKE STATES HE WAS NOT ADVISED BY THE BUREAU OF PUBLIC ROADS OF THE NEED TO COMPLETE A FORM 6500-140. AS A RESULT NEITHER THIS FORM NOR A LETTER OF AUTHORIZATION FOR TRAVEL WAS PREPARED PRIOR TO HIS TRANSFER. IT IS FURTHER STATED THAT MR. A-56 MAY BE POST APPROVED WHEN THERE IS AN ADMINISTRATIVE ERROR. PROVIDES AS FOLLOWS: "(1) WHEN CHANGE OF OFFICIAL STATION OR OTHER ACTION DESCRIBED BELOW IS AUTHORIZED OR APPROVED BY SUCH OFFICIAL OR OFFICIALS AS THE HEAD OF THE DEPARTMENT MAY DESIGNATE. TRAVEL AND TRANSPORTATION EXPENSES AND APPLICABLE ALLOWANCES AS PROVIDED HEREIN ARE PAYABLE IN THE CASE OF (A) TRANSFER OF AN EMPLOYEE FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY.

B-172108, APR 21, 1971

CIVILIAN PERSONNEL - TEMPORARY QUARTERS - POST APPROVAL AUTHORIZING PAYMENT OF THE CLAIM OF MR. WILLIAM GANSKE FOR TEMPORARY QUARTERS INCIDENT TO TRANSFER FROM THE BUREAU OF PUBLIC ROADS TO THE FOREST SERVICE. A CLAIM FOR TEMPORARY QUARTERS ALLOWANCE UNDER SECTION 2.5(1) OF OMB CIRCULAR NO. A-56 MAY BE POST APPROVED WHEN THERE IS AN ADMINISTRATIVE ERROR.

TO MR. D. W. RAAKA:

FURTHER REFERENCE IS MADE TO YOUR LETTER, WITH ATTACHMENTS, DATED FEBRUARY 12, 1971, REQUESTING A DECISION ON THE PROPRIETY OF MAKING PAYMENT ON A VOUCHER IN THE AMOUNT OF $36.55 REPRESENTING A CLAIM BY MR. WILLIAM GANSKE FOR TEMPORARY QUARTERS.

YOU STATE MR. GANSKE TRANSFERRED FROM THE BUREAU OF PUBLIC ROADS TO THE FOREST SERVICE IN NOVEMBER OF 1970. MR. GANSKE STATES HE WAS NOT ADVISED BY THE BUREAU OF PUBLIC ROADS OF THE NEED TO COMPLETE A FORM 6500-140, INDIVIDUAL REQUEST FOR AUTHORIZATION, AND AS A RESULT NEITHER THIS FORM NOR A LETTER OF AUTHORIZATION FOR TRAVEL WAS PREPARED PRIOR TO HIS TRANSFER.

IT IS FURTHER STATED THAT MR. GANSKE HAS BEEN REIMBURSED FOR HIS TRANSFER OF STATION ON THOSE ITEMS OF EXPENSE WHICH MAY BE POST APPROVED.

YOU STATE THAT QUESTION ARISES AS TO WHETHER A CLAIM FOR TEMPORARY QUARTERS UNDER SECTION 2.5 OF THE OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56 MAY BE POST APPROVED WHEN THERE IS AN ADMINISTRATIVE ERROR.

SECTION 1.3A(1) OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, AS AMENDED JUNE 26, 1969, PROVIDES AS FOLLOWS:

"(1) WHEN CHANGE OF OFFICIAL STATION OR OTHER ACTION DESCRIBED BELOW IS AUTHORIZED OR APPROVED BY SUCH OFFICIAL OR OFFICIALS AS THE HEAD OF THE DEPARTMENT MAY DESIGNATE, TRAVEL AND TRANSPORTATION EXPENSES AND APPLICABLE ALLOWANCES AS PROVIDED HEREIN ARE PAYABLE IN THE CASE OF (A) TRANSFER OF AN EMPLOYEE FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY, PROVIDED THAT: THE TRANSFER IS IN THE INTEREST OF THE GOVERNMENT AND IS NOT PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE EMPLOYEE OR AT HIS REQUEST; ***

SECTION 2.5B(1) OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, RELATING TO TEMPORARY QUARTERS SUBSISTENCE, PROVIDES AS FOLLOWS:

"(1) SUBSISTENCE EXPENSES OF THE EMPLOYEE, FOR WHOM A PERMANENT CHANGE OF STATION IS AUTHORIZED OR APPROVED, *** "

THE RECORD BEFORE US INDICATES THAT DUE TO AN ADMINISTRATIVE ERROR AUTHORIZATION PRIOR TO INCURRING THE EXPENSES WAS NOT GRANTED. THE TERM "APPROVED" COMMONLY USED IN STATUTES AND REGULATIONS, DENOTES ADMINISTRATIVE ACTION AFTER THE FACT. 22 COMP. GEN. 745 (1943). SINCE THE ABOVE REGULATIONS APPEAR TO CONTEMPLATE POST APPROVAL IN A SITUATION SUCH AS HERE, WE SEE NO OBJECTION TO CERTIFICATION OF THE VOUCHER FOR PAYMENT IF PROPERLY APPROVED BY AN OFFICIAL AUTHORIZED TO DO SO.

THE VOUCHER IS RETURNED HEREWITH.