B-177276, DEC 26, 1972

B-177276, DEC 26, 1972

CIVILIAN PERSONNEL - TRANSPORTATION OF HOUSEHOLD GOODS - TEMPORARY APPOINTMENT CONCERNING THE CLAIM OF FRANKLIN B. W. WOODBURY FOR REIMBURSEMENT OF COSTS INCURRED IN TRANSPORTING HOUSEHOLD GOODS FROM ROLLA, MO., TO MINNEAPOLIS, MINN., INCIDENT TO A TEMPORARY APPOINTMENT WHICH WAS LATER MADE PERMANENT. ALTHOUGH 5 U.S.C. 5723 AUTHORIZES PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES ONLY IN CONNECTION WITH NEW APPOINTMENTS OR THE ASSIGNMENT OF STUDENT TRAINEES TO PERMANENT POSITIONS, SEE B-166146, JULY 11, 1969, THE AUTHORITY TO PAY SUCH EXPENSES IS NOT LIMITED TO CASES IN WHICH AN OTHERWISE ELIGIBLE EMPLOYEE RECEIVES A PERMANENT APPOINTMENT. THEREFORE, IF THE AGENCY CONCERNED GIVES ITS APPROVAL, SUCH EXPENSES MAY BE REIMBURSED UNDER THE COMMUTED RATE SYSTEM, BASED UPON THE EMPLOYEE'S TEMPORARY APPOINTMENT, OMB CIRCULAR NO. A-56, SECTION 1.10, IF THE HOUSEHOLD GOODS WERE TRANSPORTED TO HIS OFFICIAL STATION WITHIN 2 YEARS OF HIS TRANSFER. OMB CIRCULAR NO. A-56, SECTION 1.5B.

TO MR. JOSEPH A. PAGLIASOTTI:

WE REFER TO YOUR LETTER OF OCTOBER 13, 1972, BY WHICH YOU REQUEST OUR DETERMINATION WHETHER MR. FRANKLIN B. W. WOODBURY MAY BE REIMBURSED FOR THE COSTS HE INCURRED IN TRANSPORTATION OF HIS HOUSEHOLD GOODS FROM ROLLA, MISSOURI, TO MINNEAPOLIS, MINNESOTA, IN THE CIRCUMSTANCES DISCUSSED BELOW.

MR. WOODBURY WAS GIVEN A TEMPORARY APPOINTMENT NOT TO EXCEED ONE YEAR AS A METALLURGIST AT THE BUREAU OF MINES, TWIN CITIES METALLURGY CENTER, TWIN CITIES, MINNESOTA, ON OCTOBER 1, 1971. ALTHOUGH THE POSITION TO WHICH HE WAS APPOINTED WAS DESIGNATED AS A MANPOWER SHORTAGE POSITION BY THE CIVIL SERVICE COMMISSION UNDER THE AUTHORITY OF 5 U.S.C. 5723, MR. WOODBURY WAS NOT AUTHORIZED TRAVEL AND TRANSPORTATION EXPENSES UNDER THAT SECTION BECAUSE HE WAS NOT BEING GIVEN A PERMANENT APPOINTMENT. HOWEVER, MR. WOODBURY INDICATES THAT HE WAS PROMISED REIMBURSEMENT OF SUCH EXPENSES WHEN AND IF HE WAS GIVEN A PERMANENT APPOINTMENT. IN THE CIRCUMSTANCES HE PUT HIS HOUSEHOLD GOODS IN STORAGE IN ROLLA, HIS PLACE OF RESIDENCE AT THE TIME OF APPOINTMENT, AND HAD THEM SHIPPED TO THE LOCALITY OF HIS OFFICIAL STATION SHORTLY AFTER HIS APPOINTMENT WAS MADE PERMANENT ON JUNE 23, 1972.

MR. WOODBURY'S CLAIM FOR REIMBURSEMENT FOR STORAGE AND SHIPMENT OF 2,060 POUNDS OF HOUSEHOLD GOODS FROM ROLLA TO MINNEAPOLIS WAS NOT ALLOWED INCIDENT TO THE CONVERSION OF HIS APPOINTMENT TO PERMANENT BECAUSE AT THE TIME OF THE CONVERSION HE WAS ALREADY A RESIDENT IN THE AREA OF HIS OFFICIAL STATION. THE PROVISIONS OF 5 U.S.C. 5723 AUTHORIZE PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES ONLY IN CONNECTION WITH NEW APPOINTMENTS OR THE ASSIGNMENT OF STUDENT TRAINEES TO PERMANENT POSITIONS. SINCE MR. WOODBURY WAS NOT A STUDENT TRAINEE AND SINCE NO CHANGE OF OFFICIAL STATION WAS REQUIRED INCIDENT TO THE JUNE 23, 1972 CONVERSION, REIMBURSEMENT OF TRAVEL AND TRANSPORTATION EXPENSES MAY NOT BE PREDICATED ON THAT PERSONNEL ACTION. SEE B-166146, JULY 11, 1969, COPY ENCLOSED.

WE NOTE, HOWEVER, THAT THE AUTHORITY TO PAY TRAVEL AND TRANSPORTATION EXPENSES UNDER 5 U.S.C. 5723 AND SECTION 1.10 OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, REVISED AUGUST 17, 1971, IS NOT LIMITED TO CASES IN WHICH AN OTHERWISE ELIGIBLE EMPLOYEE RECEIVES A PERMANENT APPOINTMENT. SEE B-164720, AUGUST 5, 1968, COPY ENCLOSED. THE ADMINISTRATIVE OFFICE CONCERNED HAS NOT INDICATED WHY TRAVEL AND TRANSPORTATION REIMBURSEMENT WAS NOT AUTHORIZED UNDER 5 U.S.C. 5723 IN CONNECTION WITH MR. WOODBURY'S ORIGINAL TEMPORARY APPOINTMENT AND IT IS NOT CLEAR WHETHER THIS RESULTED FROM A BELIEF THAT SUCH REIMBURSEMENT WAS NOT AUTHORIZED IN CONNECTION WITH TEMPORARY APPOINTMENTS OR FROM A DETERMINATION THAT AUTHORIZATION OR APPROVAL OF THESE EXPENSES SHOULD BE ISSUED ONLY AFTER A PERMANENT APPOINTMENT WAS MADE. IN EITHER CASE, HOWEVER, SINCE REIMBURSEMENT OF EXPENSES UNDER 5 U.S.C. 5723 MAY BE APPROVED AFTER THE TRAVEL AND TRANSPORTATION INVOLVED HAS TAKEN PLACE, YOUR AGENCY MAY NOW APPROVE REIMBURSEMENT OF EXPENSES AS AUTHORIZED IN CIRCULAR NO. A-56, BASED UPON THE TEMPORARY APPOINTMENT OF OCTOBER 1, 1971. IF SUCH APPROVAL IS ISSUED REIMBURSEMENT TO MR. WOODBURY FOR TRANSPORTATION AND STORAGE OF HIS HOUSEHOLD GOODS UNDER THE COMMUTED RATE SYSTEM WOULD BE PROPER SINCE HIS HOUSEHOLD GOODS WERE TRANSPORTED TO HIS OFFICIAL STATION WITHIN THE 2-YEAR TIME LIMIT PRESCRIBED IN SECTION 1.5B OF CIRCULAR NO. A-56.

THE CLAIMANT'S LETTER WITH ATTACHMENTS IS RETURNED FOR HANDLING IN ACCORDANCE WITH THE ABOVE.