B-182079, MAR 18, 1975

B-182079: Mar 18, 1975

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WHICH IS FOR $847. JOHNSON WAS AUTHORIZED TO TRAVEL FROM ORONO. TRAVEL WAS TO BEGIN ON OR ABOUT MARCH 15. TO REPORT TO THE NEWCASTLE DISEASE TASK FORCE IN THAT STATE FOR WHAT WAS ANTICIPATED TO BE A 60 TO 90-DAY TEMPORARY ASSIGNMENT. WAS RELIED ON AS AUTHORITY FOR TRAVEL BY AUTOMOBILE FROM ORONO. JOHNSON WAS ON TEMPORARY DUTY IN CALIFORNIA AND PRIOR TO REPORTING TO NEW ORLEANS. WAS AUTHORIZED TO RETURN TO ORONO. THE TERMINATION OF THE CONFERENCE IT IS OUR UNDERSTANDING THAT THE EMPLOYEE RETURNED TO HIS TEMPORARY DUTY STATION IN CALIFORNIA. JOHNSON WAS REIMBURSED FOR THE TRAVEL BY AUTOMOBILE FROM ORONO TO NEW ORLEANS. JOHNSON WAS REIMBURSED PER DIEM FOR HIMSELF. SINCE THE TRAVEL WAS FOR THE PERFORMANCE OF TEMPORARY DUTY AT NEW ORLEANS.

B-182079, MAR 18, 1975

EMPLOYEE OF DEPARTMENT OF AGRICULTURE MAY NOT BE REIMBURSED FOR TEMPORARY STORAGE CHARGES IN EXCESS OF 60 DAYS FOR EACH TRANSFER OF OFFICIAL STATIONS WITHIN CONTINENTAL UNITED STATES, DESPITE EXISTENCE OF EXTENUATING CIRCUMSTANCES.

DOCTOR DARYL C. JOHNSON - TEMPORARY STORAGE CHARGES IN EXCESS OF 60 DAYS:

THE CERTIFYING OFFICER FOR THE ANIMAL AND PLANT HEALTH INSPECTION SERVICE, MINNEAPOLIS, MINNESOTA, ASKS WHETHER THE TRAVEL VOUCHER SUBMITTED BY DOCTOR DARYL C. JOHNSON, AN EMPLOYEE OF THE UNITED STATES DEPARTMENT OF AGRICULTURE, MAY BE CERTIFIED FOR PAYMENT. THE VOUCHER, WHICH IS FOR $847, COVERS STORAGE CHARGES PAID BY THE EMPLOYEE ON 11,000 POUNDS OF HOUSEHOLD GOODS FOR A PERIOD OF 11 MONTHS.

BY TRAVEL AUTHORIZATION NO. 2-91-278 (TA) ISSUED BY THE ANIMAL AND PLANT HEALTH SERVICE, DATED JANUARY 28, 1972, DR. JOHNSON WAS AUTHORIZED TO TRAVEL FROM ORONO, MAINE, TO POMPANO BEACH, FLORIDA, FOR THE PURPOSE OF A CHANGE OF OFFICIAL STATION. A LETTER OF JANUARY 31, 1972, FROM C.W. WILDER TO CLAIMANT INDICATES THAT THE NUMBER ON THE TA SHOULD BE 2-91- 217. TRAVEL WAS TO BEGIN ON OR ABOUT MARCH 15, 1972; HOWEVER, IT APPEARS THAT AT THAT TIME AN EMERGENCY EXISTED IN CALIFORNIA REQUIRING THE EMPLOYEE'S EXPERTISE IN EPIDEMIOLOGY, AND DR. JOHNSON COMPLIED WITH A REQUEST OF MARCH 19, 1972, TO REPORT TO THE NEWCASTLE DISEASE TASK FORCE IN THAT STATE FOR WHAT WAS ANTICIPATED TO BE A 60 TO 90-DAY TEMPORARY ASSIGNMENT.

WE UNDERSTAND THAT THE POMPANO BEACH, FLORIDA, FACILITY PICKED UP DR. JOHNSON FOR CERTAIN ADMINISTRATIVE PURPOSES, AND A LETTER, DATED MAY 31, 1972, FROM RUSSELL JACKSON TO CLAIMANT SHOWS THAT THE ORIGINAL TRAVEL ORDER AUTHORIZING TRAVEL FROM ORONO, MAINE, TO POMPANO BEACH, FLORIDA, WAS RELIED ON AS AUTHORITY FOR TRAVEL BY AUTOMOBILE FROM ORONO, MAINE, TO NEW ORLEANS, LOUISIANA, DURING JULY 1972 FOR THE PURPOSE OF ATTENDING A CONFERENCE. PRIOR TO ATTENDING THE CONFERENCE IN NEW ORLEANS, DR. JOHNSON WAS ON TEMPORARY DUTY IN CALIFORNIA AND PRIOR TO REPORTING TO NEW ORLEANS, WAS AUTHORIZED TO RETURN TO ORONO, MAINE, TO PICK UP HIS AUTOMOBILE. THE TERMINATION OF THE CONFERENCE IT IS OUR UNDERSTANDING THAT THE EMPLOYEE RETURNED TO HIS TEMPORARY DUTY STATION IN CALIFORNIA. TA 2-91- 217 APPEARS ON A COPY OF THE CLAIMANT'S PAID VOUCHER RELATING TO THE TRAVEL TO NEW ORLEANS AND SHOWS THAT DR. JOHNSON WAS REIMBURSED FOR THE TRAVEL BY AUTOMOBILE FROM ORONO TO NEW ORLEANS, AS WELL AS TEMPORARY QUARTERS SUBSISTENCE AT ORONO FROM APRIL 25 TO APRIL 27, 1972, AND 60 DAYS TEMPORARY STORAGE FOR 11,000 POUNDS OF HOUSEHOLD GOODS AT BANGOR, MAINE. FOR THE TRIP FROM ORONO TO NEW ORLEANS, 4 1/2 DAYS, DR. JOHNSON WAS REIMBURSED PER DIEM FOR HIMSELF, WIFE, AND 3 CHILDREN, AT $70 PER DAY FOR A TOTAL OF $315. SINCE THE TRAVEL WAS FOR THE PERFORMANCE OF TEMPORARY DUTY AT NEW ORLEANS, WE ARE NOT AWARE OF ANY AUTHORITY TO REIMBURSE DR. JOHNSON FOR THE TRAVEL OF HIS DEPENDENTS. DR. JOHNSON APPARENTLY NEVER REPORTED TO POMPANO BEACH AND THE ORDERS WERE CANCELLED BY AMENDMENT THERETO ON SEPTEMBER 13, 1972.

ON APRIL 25, 1972, THE EMPLOYEE PLACED HIS HOUSEHOLD GOODS IN STORAGE IN MAINE WHERE THEY REMAINED UNTIL OCTOBER 1, 1973. THE VOUCHER FOR REIMBURSEMENT FOR TEMPORARY STORAGE CHARGES COVERS THAT PERIOD FROM JULY 1, 1972, TO MAY 31, 1973. THE EMPLOYEE STATES THAT HE HAS BEEN REIMBURSED TEMPORARY STORAGE FOR THE MONTHS OF JUNE AND JULY 1973, AFTER HE LEFT CALIFORNIA AND HAS NOT CLAIMED REIMBURSEMENT FOR AUGUST AND SEPTEMBER 1973. THE UNUSUAL LENGTH OF TIME DURING WHICH STORAGE WAS PROVIDED RESULTS FROM DEVELOPMENTS OCCURRING SUBSEQUENT TO THE EMPLOYEE'S DEPARTURE FROM HIS ORIGINAL DUTY STATION AT ORONO.

FROM THE FACT THAT THE EMPLOYEE WAS NOT RELIEVED FROM DUTY IN CALIFORNIA UNTIL JUNE 15, 1973, IT IS UNDERSTANDABLE THAT UNCERTAINTY EXISTED CONCERNING COMPLETION OF TRAVEL TO THE NEW DUTY STATION. CONTRIBUTING FURTHER TO THE UNCERTAINTY OF LOCATION WAS A TRANSFER OF STATION FROM ORONO, MAINE, TO ATLANTA, GEORGIA, UNDER TA 1500116, DATED MARCH 29, 1973, WITH TRAVEL TO BEGIN ON OR ABOUT JULY 1, 1973. ALTHOUGH DR. JOHNSON NEVER REPORTED TO ATLANTA, HE DID TRANSFER TO ATHENS, GEORGIA, ON A PERMANENT CHANGE OF STATION UNDER TA 1500116, AND SINCE ATHENS APPARENTLY IS CONSIDERED AS BEING WITHIN THE GEOGRAPHICAL SCOPE OF ATLANTA, WE WILL CONSIDER THIS AS A VALID TRANSFER FOR TEMPORARY STORAGE PURPOSES.

THE QUESTION OF THE PROPRIETY OF PAYMENT OF THE VOUCHER IS GOVERNED BY THE STATUTORY REGULATIONS IMPLEMENTING SECTION 5724(A)(2) OF TITLE 5, U.S.C. WHICH ARE FOUND IN OFFICE OF MANAGEMENT AND BUDGET (OMB) CIRCULAR NO. A-56, AS REVISED AUGUST 17, 1971, AND THE FEDERAL TRAVEL REGULATIONS (FPMR 101-7) MAY 1, 1973, IN EFFECT AT THE TIME OF DR. JOHNSON'S TRANSFERS.

SECTION 6.2C OF OMB CIRCULAR NO. A-56 AND FTR PARA. 2-8.2C ESTABLISHES A TIME LIMIT NOT EXCEEDING 60 DAYS TEMPORARY STORAGE INCIDENT TO A PERMANENT CHANGE OF STATION WITH AN EXCEPTION NOT HERE PERTINENT. SINCE THE RECORD SHOWS THAT THERE WERE TWO TRANSFERS AUTHORIZED - ONE TO POMPANO BEACH AND ONE TO ATLANTA AND THE EMPLOYEE HAS BEEN REIMBURSED 60 DAYS TEMPORARY STORAGE FOR EACH TRANSFER, NO AUTHORITY EXISTS FOR REIMBURSING HIM FOR A LONGER PERIOD OF TIME.

ACCORDINGLY, THE VOUCHER MAY NOT BE CERTIFIED FOR PAYMENT.