B-238613, Feb 21, 1991, Office of General Counsel

B-238613: Feb 21, 1991

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USAF - Travel Expenses: FACTS: This is an appeal from a Claims Group decision. The travel and transportation for his dependents and household goods costs were incurred by him in anticipation of his separation from the service. These orders were revoked prior to the performance of the travel. LAW: (1) The Joint Federal Travel Regulations provide that competent written travel orders are required for the reimbursement of travel expenses. U2115) They also provide for reimbursement where the expenses are incurred on the basis of orders which are later revoked after the travel has been performed. (p.U2140A. U5330D also provides reimbursement where goods have been shipped through no fault of the member.

B-238613, Feb 21, 1991, Office of General Counsel

MILITARY PERSONNEL - Relocation - Household goods - Shipment - Eligibility MILITARY PERSONNEL - Relocation - Relocation travel - Dependents Eligibility DIGEST: An Air Force member who moved his dependents from Florida to Nevada in December, 1988 in contemplation of his separation in January, 1989, subsequent to revocation of prior separation orders, may not be reimbursed for the expense of such a move, since reimbursement under the applicable provisions of the Joint Federal Travel Regulations assumes the existence of valid orders at the time the travel occurs.

Major Gerrit J. Allen, USAF - Travel Expenses:

FACTS:

This is an appeal from a Claims Group decision. The Air Force, in an action endorsed by our Claims Group, denied Major Allen's request for reimbursement of $3,055.27 for the cost of moving his dependents and household goods from Florida to Nevada. The travel and transportation for his dependents and household goods costs were incurred by him in anticipation of his separation from the service, for which he had orders. These orders were revoked prior to the performance of the travel. Subsequent to the revocation of the separation orders he moved his dependents and household goods.

LAW:

(1) The Joint Federal Travel Regulations provide that competent written travel orders are required for the reimbursement of travel expenses. JFTR vol.1, para. U2115) They also provide for reimbursement where the expenses are incurred on the basis of orders which are later revoked after the travel has been performed. (p.U2140A; p.U5330C). Para. U5330D also provides reimbursement where goods have been shipped through no fault of the member.

FINDINGS:

The JFTR presume the existence of valid orders when the move occurred. See 45 Comp.Gen. 34 (1965). After the cancellation of the orders there was no authority to travel. B-186250, Nov. 4, l976. If Captain Allen had moved prior to the cancellation of the separation orders, which he did not, his moving expenses would have been fully reimbursable. Thus, the expenses, being incurred through his own fault, and not the Air Force, are not legally reimbursable.

CONCLUSION:

Denial was proper, and Claims Group's decision therefore is affirmed.