B-91280, JANUARY 6, 1950, 29 COMP. GEN. 293

B-91280: Jan 6, 1950

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IS ENTITLED UNDER EXECUTIVE ORDER NO. 9805 TO BE REIMBURSED FOR SUCH SHIPMENT UPON THE CONVERSION OF THE PROBATIONAL APPOINTMENT TO A PERMANENT TRANSFER. PROVIDED THE TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS ADMINISTRATIVELY AUTHORIZED. 1950: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 6. THE EMPLOYEE WAS GIVEN A PROBATIONAL APPOINTMENT BY TRANSFER FROM THE WAR ASSETS ADMINISTRATION TO THE NEW YORK OFFICE OF THE DEPARTMENT OF STATE WITH THE UNDERSTANDING THAT HIS TRANSFER WOULD BE MADE PERMANENT AT THE EXPIRATION OF SIX (6) MONTHS IF HIS SERVICES WERE SATISFACTORY. A TRAVEL AUTHORIZATION PROVIDING FOR TRANSPORTATION OF HIS IMMEDIATE FAMILY AND HOUSEHOLD EFFECTS WAS ISSUED NOVEMBER 21.

B-91280, JANUARY 6, 1950, 29 COMP. GEN. 293

TRANSPORTATION - HOUSEHOLD EFFECTS - INTERDEPARTMENTAL TRANSFER AN EMPLOYEE PROBATIONALLY APPOINTED AT A NEW DUTY STATION UNDER AN INTERDEPARTMENTAL TRANSFER, WHO SHIPPED HIS HOUSEHOLD EFFECTS TO HIS PROBATIONAL DUTY STATION IN ANTICIPATION OF A PERMANENT TRANSFER, IS ENTITLED UNDER EXECUTIVE ORDER NO. 9805 TO BE REIMBURSED FOR SUCH SHIPMENT UPON THE CONVERSION OF THE PROBATIONAL APPOINTMENT TO A PERMANENT TRANSFER, PROVIDED THE TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS ADMINISTRATIVELY AUTHORIZED.

COMPTROLLER GENERAL WARREN TO HENDRIX NEWMAN, DEPARTMENT OF STATE, JANUARY 6, 1950:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 6, 1949, FILE NO. NAO.F, TRANSMITTING A VOUCHER STATED IN FAVOR OF THOMAS A. ANNAN FOR $179.28, AND REQUESTING "ADVICE AS TO THE LEGALITY OF PAYMENT.'

IT APPEARS THAT ON MAY 9, 1949, THE EMPLOYEE WAS GIVEN A PROBATIONAL APPOINTMENT BY TRANSFER FROM THE WAR ASSETS ADMINISTRATION TO THE NEW YORK OFFICE OF THE DEPARTMENT OF STATE WITH THE UNDERSTANDING THAT HIS TRANSFER WOULD BE MADE PERMANENT AT THE EXPIRATION OF SIX (6) MONTHS IF HIS SERVICES WERE SATISFACTORY. HE PROCEEDED TO NEW YORK AT HIS OWN EXPENSE AND REPORTED FOR DUTY MAY 9. ON JULY 11, IN ANTICIPATION OF A PERMANENT TRANSFER AND BECAUSE OF THE AVAILABILITY OF LIVING QUARTERS, THE EMPLOYEE HAD HIS HOUSEHOLD EFFECTS SHIPPED FROM WASHINGTON, D.C., TO NEW YORK, NEW YORK, AT A COST OF $168.04. A TRAVEL AUTHORIZATION PROVIDING FOR TRANSPORTATION OF HIS IMMEDIATE FAMILY AND HOUSEHOLD EFFECTS WAS ISSUED NOVEMBER 21, 1949, THAT BEING THE DATE THAT IT WAS DETERMINED ADMINISTRATIVELY TO PERMANENTLY TRANSFER THE EMPLOYEE TO NEW YORK. THE FORMAL NOTICE OF TRANSFER, STANDARD FORM NO. 50, WAS ISSUED ON NOVEMBER 28, 1949. THE EMPLOYEE NOW CLAIMS REIMBURSEMENT UPON A COMMUTED BASIS FOR SHIPMENT OF 3,600 POUNDS AT THE RATE OF $4.98 PER 100 POUNDS, OR $179.28.

EXECUTIVE ORDER 9805, DATED NOVEMBER 25, 1946, PROMULGATED BY THE PRESIDENT PURSUANT TO THE AUTHORITY CONFERRED UPON HIM BY SECTION 1 (A) OF PUBLIC LAW 600, 60 STAT. 806, PROVIDES, INTER ALIA, THAT UPON TRANSFER OF AN EMPLOYEE FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY THE EXPENSES OF TRAVEL FOR HIMSELF AND THE EXPENSES OF TRANSPORTATION OF HIS IMMEDIATE FAMILY AND HOUSEHOLD EFFECTS SHALL BE ALLOWED AND PAID FROM GOVERNMENT FUNDS "WHEN AUTHORIZED IN THE ORDER DIRECTING THE TRAVEL.'

IT IS EVIDENT THAT SO LONG AS THE EMPLOYEE'S TRANSFER REMAINED PROBATIONAL NO PERMANENT TRANSFER OF DUTY STATION WITHIN THE MEANING OF THE ABOVE-MENTIONED ACT AND EXECUTIVE ORDER WAS INVOLVED, AND NO RIGHT EXISTED FOR SHIPMENT OF HIS HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE. HOWEVER, ONCE THE PROBATIONAL TRANSFER WAS CONVERTED TO A PERMANENT TRANSFER, IT WAS WITHIN THE ADMINISTRATIVE DISCRETION TO AUTHORIZE SHIPMENT OF HIS HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE. THE FACT THAT THE EMPLOYEE SHIPPED HIS HOUSEHOLD EFFECTS PRIOR TO THE DATE OF THE PERMANENT TRANSFER DOES NOT OPERATE TO NULLIFY THE EFFECTIVENESS OF THE TRAVEL ORDER AUTHORIZING SHIPMENT OF HIS EFFECTS AT GOVERNMENT EXPENSE. SEE, GENERALLY, 27 COMP. GEN. 97; ID. 294; ID. 618.

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