B-162756, FEB 5, 1968
Highlights
GINNETTI AGREED TO SERVE AN 18-MONTH TOUR OF DUTY ON OKINAWA WHICH WOULD HAVE BEEN COMPLETED IN JANUARY 1967. UPON COMPLETION OF THAT TOUR HE WOULD HAVE BEEN ENTITLED TO BE ALLOWED TRAVEL AND TRANSPORTATION EXPENSES FROM OKINAWA TO HIS PLACE OF RESIDENCE IN NEW BRITAIN. GINNETTI WAS DIRECTED TO REPORT TO SYRACUSE UNIVERSITY FOR A TRAINING ASSIGNMENT OF APPROXIMATELY ONE YEAR'S DURATION. THE DEPARTMENT OF THE ARMY APPARENTLY DETERMINED UNDER 5 U.S.C. 4109 THAT THE ESTIMATED COSTS OF TRANSPORTATION OF EFFECTS AND RELATED EXPENSES WERE LESS THAN THE ESTIMATED AGGREGATE PER DIEM PAYMENTS FOR THE PERIOD OF TRAINING AND REIMBURSED MR. GINNETTI WAS DIRECTED TO REPORT AT GRAVELLY POINT. AMONG THE ITEMS CLAIMED ARE: "A.
B-162756, FEB 5, 1968
PRECIS-UNAVAILABLE
COLONEL C. W. SCHUDT, DEPARTMENT OF THE ARMY:
YOUR LETTER OF SEPTEMBER 27, 1967, REFERENCE AMCCP-FG, TRANSMITTED HERE BY LETTER OF DECEMBER 4, 1967, THROUGH THE OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE (MANPOWER), REQUESTS OUR DECISION ON VOUCHERS BEFORE YOU FOR PAYMENT WHETHER MR. NEIL R. GINNETTI, A CIVILIAN EMPLOYEE OF THE UNITED STATES ARMY MATERIEL COMMAND, GRAVELLY POINT, VIRGINIA, MAY BE REIMBURSED FOR CERTAIN EXPENSES INCURRED BY HIM IN MOVING FROM LIVERPOOL, NEW YORK (SYRACUSE UNIVERSITY), TO WASHINGTON, D. C., INCIDENT TO HIS ASSIGNMENT TO AN OFFICIAL DUTY STATION AT THE LATTER POINT.
YOUR LETTER DISCLOSES THAT ON JULY 13, 1965, MR. GINNETTI AGREED TO SERVE AN 18-MONTH TOUR OF DUTY ON OKINAWA WHICH WOULD HAVE BEEN COMPLETED IN JANUARY 1967. UPON COMPLETION OF THAT TOUR HE WOULD HAVE BEEN ENTITLED TO BE ALLOWED TRAVEL AND TRANSPORTATION EXPENSES FROM OKINAWA TO HIS PLACE OF RESIDENCE IN NEW BRITAIN, CONNECTICUT. HOWEVER, UNDER ORDERS DATED MARCH 24, 1966, MR. GINNETTI WAS DIRECTED TO REPORT TO SYRACUSE UNIVERSITY FOR A TRAINING ASSIGNMENT OF APPROXIMATELY ONE YEAR'S DURATION.
THE DEPARTMENT OF THE ARMY APPARENTLY DETERMINED UNDER 5 U.S.C. 4109 THAT THE ESTIMATED COSTS OF TRANSPORTATION OF EFFECTS AND RELATED EXPENSES WERE LESS THAN THE ESTIMATED AGGREGATE PER DIEM PAYMENTS FOR THE PERIOD OF TRAINING AND REIMBURSED MR. GINNETTI FOR THE EXPENSES INCURRED BY HIM FOR TRANSPORTING HIS IMMEDIATE FAMILY AND HOUSEHOLD GOODS FROM OKINAWA TO SYRACUSE.
WE NOTE THAT MR. GINNETTI'S TRAVEL ORDER OF MARCH 24, 1966, REFERS TO HIS ASSIGNMENT TO SYRACUSE FROM OKINAWA FOR TRAINING AS A PERMANENT CHANGE OF STATION.
BY ORDER (PCS) DATED JUNE 1, 1967, EFFECTIVE ON OR ABOUT AUGUST 1, 1967, PRESUMABLY UPON COMPLETION OF HIS TRAINING ASSIGNMENT, MR. GINNETTI WAS DIRECTED TO REPORT AT GRAVELLY POINT, VIRGINIA.
INCIDENT TO HIS MOVE FROM LIVERPOOL, NEW YORK (SYRACUSE), MR. GINNETTI CLAIMS REIMBURSEMENT OF VARIOUS EXPENSES AUTHORIZED UNDER CERTAIN CIRCUMSTANCES TO BE ALLOWED UPON A TRANSFER FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY. (5 U.S.C. 5724, 5724A.)
AMONG THE ITEMS CLAIMED ARE:
"A. PER DIEM AND MILEAGE ALLOWANCE FOR A HOUSE-HUNTING TRIP FOR THE EMPLOYEE AND HIS WIFE.
"B.PER DIEM AND MILEAGE ALLOWANCE PLUS INCIDENTAL EXPENSES FOR HIS OFFICIAL MOVE.
"C. TRAVEL AND TRANSPORTATION EXPENSES OF DEPENDENTS.
"D. HOUSEHOLD GOODS MOVING EXPENSES.
"E. TEMPORARY QUARTERS EXPENSES.
"F. MISCELLANEOUS EXPENSES.
"G. REAL ESTATE EXPENSES IN PURCHASING NEW RESIDENCE."
THE QUESTION PRESENTED BY YOUR LETTER IS SAID TO STEM FROM THE PROVISIONS OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, ISSUED PURSUANT TO PUBLIC LAW 89-516, WHICH EXCLUDES FROM CERTAIN OF THE CIRCULAR'S AUTHORIZED ALLOWANCES, EMPLOYEES ASSIGNED UNDER THE GOVERNMENT EMPLOYEES TRAINING ACT, 5 U.S.C. 4101 ET SEQ.
WE CANNOT VIEW A POINT OR LOCALITY TO WHICH AN EMPLOYEE TRAVELS SOLELY FOR THE PURPOSE OF A TRAINING ASSIGNMENT AS HIS OFFICIAL STATION WITHIN THE PURVIEW OF 5 U.S.C. 5724A OR BUREAU OF THE BUDGET CIRCULAR NO. A-56. THUS NEITHER LIVERPOOL, NEW YORK, NOR SYRACUSE UNIVERSITY MAY BE REGARDED AS HAVING BEEN MR. GINNETTI'S OFFICIAL STATION EITHER WITH RESPECT TO HIS TRAVEL FROM OKINAWA OR HIS SUBSEQUENT TRAVEL TO WASHINGTON, D. C. HOWEVER, MR. GINNETTI, THE MEMBERS OF HIS IMMEDIATE FAMILY AND HIS HOUSEHOLD GOODS AND EFFECTS APPARENTLY WERE LAWFULLY IN SYRACUSE UNDER THE GOVERNMENT EMPLOYEES TRAINING ACT, 5 U.S.C. 4109, AND WE PERCEIVE NO OBJECTION TO VIEWING HIS TRAVEL FROM SYRACUSE TO WASHINGTON, D. C., INCIDENT TO HIS REASSIGNMENT TO REGULAR DUTY AT THE LATTER POINT AS BEING THE COMPLETION OF A TRANSFER FROM HIS OVERSEAS OFFICIAL STATION IN OKINAWA TO WASHINGTON, D. C., FOR PERMANENT DUTY.
UNDER THAT CONCEPT MR. GINNETTI MAY BE ALLOWED SUCH OF THOSE BENEFITS PROVIDED BY BUREAU OF THE BUDGET CIRCULAR NO. A-56 AS ARE LAWFULLY PAYABLE TO EMPLOYEES UPON A TRANSFER IN THE INTERESTS OF THE UNITED STATES FROM AN OVERSEAS OFFICIAL STATION TO ONE LOCATED IN THE CONTINENTAL UNITED STATES.
AMONG OTHER THINGS THERE WOULD BE EXCLUDED FROM THE ITEMS CLAIMED BY MR. GINNETTI ON THE TRANSMITTED VOUCHERS ANY EXPENSE INCURRED IN CONNECTION WITH A HOUSE-HUNTING TRIP (SECTION 2.4A(3) OF CIRCULAR NO. A 56) AND EXPENSES IN CONNECTION WITH REAL ESTATE TRANSACTIONS (SECTION 4.1A OF THE CIRCULAR) WHICH ARE NOT PAYABLE INCIDENT TO TRANSFERS FROM OVERSEAS. REIMBURSEMENT TO MR. GINNETTI OF EXPENSES INCURRED IN TRANSPORTING HIS HOUSEHOLD GOODS AND EFFECTS FROM LIVERPOOL, NEW YORK, TO VIRGINIA, WHICH EFFECTS HAD BEEN LAWFULLY SHIPPED TO LIVERPOOL INCIDENT TO THE TRAINING ASSIGNMENT, SHOULD BE ALLOWED ON A COMMUTED BASIS.
THE ALLOWABILITY OF THE OTHER ITEMS CLAIMED MAY BE ADMINISTRATIVELY DETERMINED UNDER THE SPECIFIC PROVISIONS OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 AND THE JOINT TRAVEL REGULATIONS, VOLUME II.
BECAUSE THE VOUCHERS CONTAIN ITEMS WHICH ARE NOT LAWFULLY ALLOWABLE WHICH ARE INTERMINGLED WITH ITEMS WHICH MAY BE PROPERLY ALLOWED, THE VOUCHERS TRANSMITTED WITH YOUR LETTER MAY NOT BE PAID AS DRAWN AND ARE RETAINED IN OUR OFFICE.
THE QUESTIONS RAISED BY YOUR LETTER OF SEPTEMBER 27, 1967, ARE ANSWERED IN CONSONANCE WITH THE FOREGOING.