Matter of: George D. Frye File: B-249311 Date: December 14, 1992
Highlights
CIVILIAN PERSONNEL Compensation Overpayments Error detection Debt collection Waiver CIVILIAN PERSONNEL Relocation Household goods Shipment Restrictions Privately-owned vehicles A transferred employee was erroneously issued travel orders authorizing him to ship his privately-owned automobile (POV) from his old to his new duty station at government expense. The employee's claim for reimbursement is denied since there is no statutory authority which provides for shipment of a POV at government expense within the continental United States. There is no net indebtedness which would be appropriate for waiver consideration under the provisions of 5 U.S.C. DECISION The issue presented is whether Mr.
Matter of: George D. Frye File: B-249311 Date: December 14, 1992
CIVILIAN PERSONNEL Compensation Overpayments Error detection Debt collection Waiver CIVILIAN PERSONNEL Relocation Household goods Shipment Restrictions Privately-owned vehicles A transferred employee was erroneously issued travel orders authorizing him to ship his privately-owned automobile (POV) from his old to his new duty station at government expense. The employee's claim for reimbursement is denied since there is no statutory authority which provides for shipment of a POV at government expense within the continental United States. Further, since the employee's legitimate expenses exceeded the amount of his travel advance, there is no net indebtedness which would be appropriate for waiver consideration under the provisions of 5 U.S.C. Sec. 5584 (1988).
DECISION The issue presented is whether Mr. George D. Frye, an employee of the Department of Veterans Affairs, may be reimbursed the cost of shipping his privately-owned automobile (POV) from his old to his new duty station incident to a permanent change of station. The employee may not be reimbursed since there is no statutory authority for reimbursement.
Mr. Frye was issued travel orders on December 6, 1991, authorizing him to transfer from Palo Alto, California, to Miami, Florida, with a reporting date of January 12, 1992. The travel orders specified that Mr. Frye was authorized to ship his personal automobile as advantageous to the government.
Mr. Frye shipped his automobile from California to Florida by commercial carrier at a cost of $890, and his request for reimbursement was denied by his agency on the basis that there is no authority for shipping a POV at government expense inside the continental United States. Mr. Frye, however, states that he was on temporary duty on January 8 through January 12, 1992, in Chicago, Illinois, when he was requested to report to duty in Miami on January 17; that he was authorized to ship his automobile; and that this method saved the government money by not requiring him to return to California and drive from there to Miami, Florida.
The transportation of POV's at government expense in connection with a transfer between duty stations is prohibited by 5 U.S.C. Sec. 5727(a) (1988) in the absence of specific authorization by statute. While 5 U.S.C. Sec. 5727(b) does permit transportation of POV's at government expense in connection with assignments outside the continental United States, there is no authority which permits reimbursement for the cost of shipment of an automobile within the continental United States, even though the shipment results in cost savings to the government. 58 Comp.Gen. 249 (1979); Ronald C. Galdabini, B-229426, Nov. 14, 1988; John P. Allen, B-201009, Apr. 16, 1981; Federal Travel Regulation, 41 C.F.R. Sec. 302-10.2 (1991).
The record shows that Mr. Frye received a travel advance of $2,770. However, the agency has furnished us with information that shows that his legitimate expenses exceeded the amount of the travel advance. Therefore, there is no net indebtedness which would be appropriate for waiver consideration under the provisions of 5 U.S.C. Sec. 5584 (1988). Rajindar N. Khanna, 67 Comp.Gen. 493 (1988); Major Kenneth M. Dieter, 67 Comp. Gen. 496 (1988); Kenneth T. Sands, B-229102, Dec. 5, 1988.
Accordingly, Mr. Frye's request for reimbursement is denied.