Skip to main content

B-150305, JAN. 9, 1963

B-150305 Jan 09, 1963
Jump To:
Skip to Highlights

Highlights

YOU NOW ALLEGE YOU ARE ENTITLED TO REIMBURSEMENT FOR YOUR EXPENSES FOR TRAVEL INCLUDING PER DIEM FROM THE CANAL ZONE TO GRAND FORKS. UPON THE GROUND THAT YOU WERE TRANSFERRED FROM THE CANAL ZONE TO YOUR NEW DUTY STATION IN THE UNITED STATES. 5 U.S.C. 73B-1 PROVIDES. IS TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER. THAT NO PART OF SUCH EXPENSES * * * SHALL BE ALLOWED OR PAID FROM GOVERNMENT FUNDS WHERE THE TRANSFER IS MADE PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE OFFICER OR EMPLOYEE AT HIS REQUEST * * *.'. ASIDE FROM THE QUESTION OF WHETHER YOUR TRANSFER WAS PRIMARILY FOR YOUR CONVENIENCE OR BENEFIT OR AT YOUR REQUEST. - CONCERNING WHICH THE PRESENT EVIDENCE OF RECORD IS INADEQUATE TO ENABLE US TO MAKE A DETERMINATION.

View Decision

B-150305, JAN. 9, 1963

TO MR. GEORGE R. JOHNSON:

YOUR LETTER OF NOVEMBER 7, 1962, REQUESTS REVIEW OF OUR SETTLEMENT OF OCTOBER 10, 1962, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL EXPENSES AND PER DIEM IN LIEU OF SUBSISTENCE BETWEEN THE CANAL ZONE AND GRAND FORKS, NORTH DAKOTA, UPON YOUR RETURN TO THE UNITED STATES AS AN EMPLOYEE OF THE PANAMA CANAL COMPANY.

THE RECORD, WHICH DOES NOT INCLUDE A TRAVEL VOUCHER AS REQUIRED BY SECTION 12 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, SHOWS YOU DEPARTED FROM THE CANAL ZONE ON NOVEMBER 21, 1961, AND RETURNED TO GRAND FORKS AT YOUR OWN EXPENSE WHILE IN AN ANNUAL LEAVE STATUS. UPON YOUR RETURN TO THE UNITED STATES YOU APPLIED FOR A POSITION WITH THE DEPARTMENT OF THE AIR FORCE. YOU CONTINUED IN A LEAVE STATUS IN THE UNITED STATES AS AN EMPLOYEE OF THE PANAMA CANAL COMPANY UNTIL DECEMBER 31, 1961, WHEN YOU ENTERED ON DUTY UNDER YOUR APPOINTMENT AS A CLASSIFIER, GS-11, AT THE MINOT AIR FORCE BASE, NORTH DAKOTA.

YOU NOW ALLEGE YOU ARE ENTITLED TO REIMBURSEMENT FOR YOUR EXPENSES FOR TRAVEL INCLUDING PER DIEM FROM THE CANAL ZONE TO GRAND FORKS, UNDER THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 73B, UPON THE GROUND THAT YOU WERE TRANSFERRED FROM THE CANAL ZONE TO YOUR NEW DUTY STATION IN THE UNITED STATES.

5 U.S.C. 73B-1 PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"/A) UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, ANY CIVILIAN OFFICER OR EMPLOYEE OF THE GOVERNMENT WHO, IN THE INTEREST OF THE GOVERNMENT, IS TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER, INCLUDING TRANSFER FROM ONE DEPARTMENT TO ANOTHER, FOR PERMANENT DUTY, SHALL, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, WHEN AUTHORIZED OR APPROVED BY SUCH SUBORDINATE OFFICIAL OR OFFICIALS OF THE DEPARTMENT CONCERNED AS THE HEAD THEREOF MAY DESIGNATE FOR THE PURPOSE, BE ALLOWED AND PAID FROM GOVERNMENT FUNDS THE EXPENSES OF TRAVEL OF HIMSELF AND THE EXPENSES OF TRANSPORTATION OF HIS IMMEDIATE FAMILY (OR A COMMUTATION THEREOF IN ACCORDANCE WITH SECTION 73A OF THIS TITLE) AND THE EXPENSES OF TRANSPORTATION, PACKING, CRATING, TEMPORARY STORAGE, DRAYAGE, AND UNPACKING OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS (NOT TO EXCEED SEVEN THOUSAND POUNDS NET WEIGHT) * * * PROVIDED FURTHER, THAT NO PART OF SUCH EXPENSES * * * SHALL BE ALLOWED OR PAID FROM GOVERNMENT FUNDS WHERE THE TRANSFER IS MADE PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE OFFICER OR EMPLOYEE AT HIS REQUEST * * *.'

ASIDE FROM THE QUESTION OF WHETHER YOUR TRANSFER WAS PRIMARILY FOR YOUR CONVENIENCE OR BENEFIT OR AT YOUR REQUEST--- CONCERNING WHICH THE PRESENT EVIDENCE OF RECORD IS INADEQUATE TO ENABLE US TO MAKE A DETERMINATION--- THE TRAVEL EXPENSE FOR WHICH YOU SEEK REIMBURSEMENT DOES NOT APPEAR TO HAVE BEEN AUTHORIZED TO BE INCURRED OR APPROVED BY AN OFFICER OF THE DEPARTMENT OF THE AIR FORCE DESIGNATED FOR THE PURPOSE, AS REQUIRED BY LAW.

REGARDING THE LAST PARAGRAPH OF YOUR LETTER CONCERNING A SALARY ADJUSTMENT, WE ARE NOT AUTHORIZED BY LAW TO RENDER A DECISION AT YOUR REQUEST, EXCEPT AS AN INCIDENT TO AN APPEAL FROM A SETTLEMENT BY OUR CLAIMS DIVISION. HOWEVER, A DECISION MAY BE RENDERED AT THE REQUEST OF THE HEAD OF YOUR DEPARTMENT OR OF A FINANCE OFFICER HAVING BEFORE HIM A VOUCHER FOR PAYMENT.

GAO Contacts

Office of Public Affairs