B-174176, OCT 26, 1971

B-174176: Oct 26, 1971

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1969 BUT WAS ON EXTENDED DUTY IN ARIZONA FROM JANUARY 1970 UNTIL JUNE 1971. THERE IS NO INDICATION IN THE PRESENT RECORD THAT THE ORIGINAL CONTRACT FOR THE PURCHASE OF THE RESIDENCE WAS IN EXISTENCE WITHIN THE FIRST YEAR AFTER CLAIMANT REPORTED TO HIS NEW OFFICIAL STATION. VLADIMIR OLEYNIK: REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 23. HIETT WAS AUTHORIZED A CHANGE OF OFFICIAL STATION FROM WASHINGTON. THE DATE OF CLOSING OR SETTLEMENT FOR THE PURCHASE OF HIS DWELLING AT THE NEW DUTY STATION WAS NOT UNTIL JUNE 7. THIS DUTY WAS ASSUMED AT THE DIRECTION OF THE REGIONAL MANPOWER ADMINISTRATOR TO ASSIST THE STATE AGENCY IN ACCOMPLISHING THE REDIRECTION OF THIS SPECIFIC TASK. HIETT WAS UNABLE TO PURCHASE A HOME AT THE TIME OF HIS TRANSFER.

B-174176, OCT 26, 1971

CIVILIAN EMPLOYEE - REAL ESTATE EXPENSES - EXTENSION OF TIME DECISION THAT ON THE PRESENT RECORD, NO EXTENSION OF TIME MAY BE GRANTED MR. W. R. HIETT SO AS TO PERMIT HIM REIMBURSEMENT OF REAL ESTATE EXPENSES INCURRED INCIDENT TO A CHANGE OF STATION FROM WASHINGTON, D.C. TO SAN FRANCISCO, CALIF. WHERE CLAIMANT ARRIVED AT THE NEW OFFICIAL STATION ON JULY 28, 1969 BUT WAS ON EXTENDED DUTY IN ARIZONA FROM JANUARY 1970 UNTIL JUNE 1971, THUS PREVENTING HIM FROM PURCHASING A NEW RESIDENCE DURING THE INITIAL ONE-YEAR PERIOD AS PRESCRIBED BY SECTION 4.1E OF OMB CIR. NO. A-56, THE REASON FOR DELAY WOULD APPEAR TO SUPPORT THE GRANTING OF AN EXTENSION OF TIME; BUT THERE IS NO INDICATION IN THE PRESENT RECORD THAT THE ORIGINAL CONTRACT FOR THE PURCHASE OF THE RESIDENCE WAS IN EXISTENCE WITHIN THE FIRST YEAR AFTER CLAIMANT REPORTED TO HIS NEW OFFICIAL STATION, AND IN THE ABSENCE OF SUCH INFORMATION, NO EXTENSION MAY BE GRANTED.

TO MR. VLADIMIR OLEYNIK:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 23, 1971, WITH ENCLOSURES, REQUESTING OUR DECISION AS TO WHETHER A VOUCHER IN FAVOR OF MR. W. R. HIETT FOR REIMBURSEMENT OF REAL ESTATE EXPENSES INCURRED AT HIS NEW OFFICIAL STATION MAY BE CERTIFIED FOR PAYMENT IN VIEW OF OFFICE OF MANAGEMENT AND BUDGET (OMB) CIRCULAR NO. A-56, REVISED JUNE 26, 1969, SECTION 4.1E(2).

THE RECORD INDICATES THAT MR. HIETT WAS AUTHORIZED A CHANGE OF OFFICIAL STATION FROM WASHINGTON, D.C., TO SAN FRANCISCO, CALIFORNIA, UNDER TRAVEL ORDER NO. MA-21-SF-69 DATED JUNE 30, 1969, FOR TRAVEL TO BEGIN ON JULY 22, 1969. MR. HIETT ARRIVED AT THE NEW OFFICIAL STATION ON JULY 28, 1969, HOWEVER, THE DATE OF CLOSING OR SETTLEMENT FOR THE PURCHASE OF HIS DWELLING AT THE NEW DUTY STATION WAS NOT UNTIL JUNE 7, 1971, ALMOST 2 YEARS AFTER HE REPORTED TO THE SAN FRANCISCO DUTY STATION. TO EXPLAIN THIS DELAY THERE HAS BEEN OFFERED FOR THE RECORD A MEMORANDUM FROM MR. JOSEPH I. FLORES, ASSISTANT REGIONAL MANPOWER ADMINISTRATOR WHICH STATES:

"SINCE JANUARY 1, 1970 UNTIL JUNE 4, 1971, MR. HIETT HAD BEEN ON EXTENDED DUTY WITH THE COMO EXPERIMENT IN PHOENIX. THIS DUTY WAS ASSUMED AT THE DIRECTION OF THE REGIONAL MANPOWER ADMINISTRATOR TO ASSIST THE STATE AGENCY IN ACCOMPLISHING THE REDIRECTION OF THIS SPECIFIC TASK. BECAUSE OF THE NATURE OF THIS DUTY ASSIGNMENT, MR. HIETT WAS UNABLE TO PURCHASE A HOME AT THE TIME OF HIS TRANSFER, AND THEREFORE, WE ARE REQUESTING AN EXTENSION OF THIS FORMER TRAVEL AUTHORITY TO CONSUMMATE HIS FINAL RELOCATION IN SAN FRANCISCO."

MR. HIETT IS NOW REQUESTING REIMBURSEMENT FOR THE EXPENSES INCURRED FOR THE JUNE 7, 1971, SETTLEMENT, APPARENTLY ON THE BASIS THAT HE SHOULD BE GRANTED AN EXTENSION OF THE ONE-YEAR TIME LIMIT WHICH IS PLACED ON HOUSING SETTLEMENTS BY SECTION 4.1E OF OMB CIRCULAR NO. A 56.

WITH REGARD TO THIS PROBLEM, YOUR OFFICE HAS STATED:

" *** IN VIEW OF THE COMMENTS IN THE JUNE 18 MEMORANDUM FROM (MR. FLORES), THIS OFFICE DOES NOT FEEL THAT THE REASON FOR THE DELAY IN CONSUMMATING THE PURCHASE FALLS WITHIN THE PROVISIONS OF SECTION 4.1E OF THE CIRCULAR FOR GRANTING AN EXTENSION OF TIME.

"ALTHOUGH THE DELAY APPEARS TO HAVE BEEN CAUSED BY AN ADMINISTRATIVE DECISION TO PLACE MR. HIETT ON AN EXTENDED TOUR OF DUTY AT PHOENIX, ARIZONA, FOR THE PERIOD JANUARY 1, 1970 UNTIL JUNE 4, 1971, WE ARE UNABLE TO ADMINISTRATIVELY COMPLY WITH THE REQUEST MADE BY MR. FLORES FOR AN EXTENSION. THEREFORE, YOUR DECISION IS REQUESTED IN THIS MATTER."

SECTION 4.1E OF OMB CIRCULAR NO. A-56 STATES:

"E. THE SETTLEMENT DATES FOR THE SALE AND PURCHASE OR LEASE TERMINATION TRANSACTIONS FOR WHICH REIMBURSEMENT IS REQUESTED ARE NOT LATER THAN ONE (INITIAL) YEAR AFTER THE DATE ON WHICH THE EMPLOYEE REPORTED FOR DUTY AT THE NEW OFFICIAL STATION, EXCEPT THAT (1) AN APPROPRIATE EXTENSION OF TIME MAY BE AUTHORIZED OR APPROVED BY THE HEAD OF THE AGENCY OR HIS DESIGNEE WHEN SETTLEMENT IS NECESSARILY DELAYED BECAUSE OF LITIGATION OR (2) AN ADDITIONAL PERIOD OF TIME NOT IN EXCESS OF ONE YEAR MAY BE AUTHORIZED OR APPROVED BY THE HEAD OF THE AGENCY OR HIS DESIGNEE WHEN HE DETERMINES THAT CIRCUMSTANCES JUSTIFYING THE EXCEPTION EXIST WHICH PRECLUDED SETTLEMENT WITHIN THE INITIAL ONE-YEAR PERIOD OF THE SALE/PURCHASE CONTRACTS OR LEASE TERMINATION ARRANGEMENT ENTERED INTO IN GOOD FAITH BY THE EMPLOYEE WITHIN THE INITIAL ONE-YEAR PERIOD. THE CIRCUMSTANCES WHICH ARE DETERMINED BY THE HEAD OF THE AGENCY OR HIS DESIGNEE TO JUSTIFY THE EXCEPTION UNDER (2) ABOVE SHALL BE SET FORTH IN WRITING."

UNDER THE ABOVE-QUOTED SECTION, IN ORDER FOR AN EXTENSION OF TIME TO BE GRANTED, THERE MUST HAVE BEEN IN EXISTENCE A CONTRACT FOR THE PURCHASE OF THE RESIDENCE ENTERED INTO WITHIN THE INITIAL ONE-YEAR PERIOD FROM THE DATE OF REPORTING AT THE NEW DUTY STATION. UNLESS THIS CONDITION IS SATISFIED, THERE IS NO BASIS FOR GRANTING AN EXTENSION OF THE INITIAL ONE- YEAR PERIOD FOR SETTLEMENT. B-171085, DECEMBER 28, 1970; B-163955, OCTOB,R 78 1969; COPIES HEREWITH.

WHILE THE REASON FOR DELAY WOULD APPEAR TO SUPPORT THE GRANTING OF AN EXTENSION OF TIME, THERE IS NO INDICATION THAT THE ORIGINAL CONTRACT FOR THE PURCHASE OF THE DWELLING WAS IN EXISTENCE WITHIN THE FIRST YEAR AFTER MR. HIETT REPORTED TO HIS NEW OFFICIAL STATION. IN THE ABSENCE OF SUCH INFORMATION, NO EXTENSION MAY BE GRANTED TO MR. HIETT SO AS TO PERMIT HIM REIMBURSEMENT OF THE EXPENSES CLAIMED.

THE VOUCHER, WITH ACCOMPANYING PAPERS, IS RETURNED HEREWITH AND MAY NOT BE CERTIFIED FOR PAYMENT ON THE BASIS OF THE PRESENT RECORD.