B-178911, AUG 27, 1973, 53 COMP GEN 123

B-178911, AUG 27, 1973, 53 COMP GEN 123

OFFICERS AND EMPLOYEES - TRANSFERS - RELOCATION EXPENSES - TRANSPORTATION FOR HOUSE HUNTING - SUCCESSIVE CHANGES AN EMPLOYEE WHOSE SPOUSE DID NOT PERFORM THE ROUND-TRIP HOUSE HUNTING TRAVEL AUTHORIZED PURSUANT TO 5 U.S.C. 5724AA)(2) IN CONNECTION WITH HIS SEPTEMBER 3, 1972 TRANSFER TO ATLANTA, GA., FROM JACKSON, MISS., WHERE HIS FAMILY REMAINED UNTIL HIS SECOND TRANSFER IN MARCH 1973 TO RICHMOND, VA., TO WHICH POINT HIS WIFE WAS AUTHORIZED AND DID TRAVEL ON A HOUSE HUNTING TRIP, MAY BE REIMBURSED FOR THE ENTIRE ROUND-TRIP AIR FARE FROM JACKSON TO RICHMOND, NOTWITHSTANDING THE COST EXCEEDED THE ROUND-TRIP FARE BETWEEN ATLANTA AND RICHMOND, A DETERMINATION THAT IS IN ACCORD WITH 27 COMP. GEN. 267 AND 48 COMP. GEN. 651, APPROVING REIMBURSEMENT TO EMPLOYEES WHO BEFORE THEY MOVED THEIR HOUSEHOLD GOODS OR DEPENDENTS TO A NEW STATION WERE TRANSFERRED A SECOND TIME.

TO CARMELLA J. RIZZO, UNITED STATES TREASURY DEPARTMENT, AUGUST 27, 1973:

REFERENCE IS MADE TO YOUR LETTER OF MAY 30, 1973, REFERENCE A:F:F:V, CONCERNING THE DISALLOWANCE OF A HOUSE HUNTING EXPENSE CLAIM FOR $57.26 OF MR. EMMETT CAMERON.

MR. CAMERON WAS TRANSFERRED FROM JACKSON, MISSISSIPPI, TO ATLANTA, GEORGIA, EFFECTIVE SEPTEMBER 3, 1972, AND WAS TRANSFERRED FROM THAT DUTY STATION TO RICHMOND, VIRGINIA, IN MARCH 1973. IN CONNECTION WITH THE FIRST TRANSFER MR. CAMERON AND SPOUSE WERE AUTHORIZED ROUND-TRIP TRAVEL TO THE NEW OFFICIAL STATION TO SEEK RESIDENCE QUARTERS. BOTH THE EMPLOYEE AND HIS SPOUSE WERE ALSO AUTHORIZED SUCH TRAVEL IN CONNECTION WITH THE SECOND TRANSFER. HOWEVER, MR. CAMERON'S FAMILY REMAINED IN JACKSON DURING THE PERIOD HE WAS ASSIGNED TO ATLANTA AND HIS SPOUSE DID NOT PERFORM THE ROUND-TRIP TRAVEL AUTHORIZED UNTIL MARCH 1973 WHEN SHE TRAVELED FROM JACKSON TO RICHMOND IN CONNECTION WITH THE SECOND TRANSFER. MR. CAMERON'S CLAIM FOR REIMBURSEMENT OF THE COSTS INVOLVED IN THAT TRAVEL WAS DISALLOWED TO THE EXTENT THAT THE COST OF AIR TRAVEL AS PERFORMED FROM JACKSON TO RICHMOND AND RETURN EXCEEDED THE COST OF ROUND-TRIP TRAVEL BETWEEN ATLANTA AND RICHMOND. THE RECLAIM VOUCHER YOU SUBMITTED WITH YOUR LETTER IS FOR REIMBURSEMENT OF THE AMOUNT WHICH WAS DISALLOWED.

IN THE DECISION 27 COMP. GEN. 267 (1948) WE HELD THAT AN EMPLOYEE WHO IS TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER AND WHO BEFORE SHIPMENT OF HIS HOUSEHOLD GOODS TO SUCH NEW STATION IS TRANSFERRED TO A THIRD STATION WITHIN THE 2-YEAR ALLOWABLE PERIOD IS ENTITLED TO REIMBURSEMENT FOR SHIPMENT OF HIS HOUSEHOLD GOODS FROM THE FIRST TO THE THIRD STATION. IN THE DECISION 48 COMP. GEN. 651 (1969) IT WAS HELD THAT A SIMILAR RULE SHOULD BE APPLIED TO THE REIMBURSEMENT OF AN EMPLOYEE FOR THE TRAVEL OF HIS IMMEDIATE FAMILY.

WE SEE NO REASON FOR APPLYING A DIFFERENT RULE IN CASES INVOLVING ROUND- TRIP TRAVEL TO SEEK RESIDENCE QUARTERS AS AUTHORIZED UNDER 5 U.S.C. 5724AA)(2) AND SECTION 7 OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A -56, EFFECTIVE SEPTEMBER 1, 1971, EFFECTIVE AT THE TIME THE TRAVEL IN QUESTION WAS PERFORMED, NOW PARAGRAPH 2.4 OF THE FEDERAL TRAVEL REGULATIONS (FPMR 101-7). THIS IS PARTICULARLY TRUE WHERE, AS HERE, THE SPOUSE WHO WENT ON THE HOUSE HUNTING TRIP NEVER MOVED FROM THE ORIGINAL DUTY STATION.

ACCORDINGLY, THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT.