B-161606, AUGUST 9, 1967, 47 COMP. GEN. 109

B-161606, AUGUST 9, 1967, 47 COMP. GEN. 109

OFFICERS AND EMPLOYEES - TRANSFERS - RELOCATION EXPENSES - HOUSE SALE - "OFFICIAL STATION" LOCATION REQUIREMENT ALTHOUGH GENERALLY THE COST OF SELLING A RESIDENCE THAT IS NOT LOCATED AT AN EMPLOYEE'S OLD OFFICIAL STATION OR A PLACE FROM WHICH HE COMMUTES ON A DAILY BASIS MAY NOT BE REIMBURSED UNDER THE AUTHORITY OF PUBLIC LAW 89- 516, AN EXCEPTION TO THE DAILY COMMUTING RULE MAY BE MADE WHERE AN EMPLOYEE CANNOT OBTAIN A RESIDENCE FOR HIMSELF AND HIS FAMILY IN A LOCATION WHICH PERMITS COMMUTING TO WORK ON A DAILY BASIS. THEREFORE, AN EMPLOYEE WHO UNABLE TO FIND SUITABLE HOUSING AT A NEW DUTY STATION RESIDES IN BACHELOR QUARTERS AT THAT STATION AND MOVES HIS FAMILY 559 MILES FROM HIS OLD DUTY STATION TO WITHIN 349 MILES OF THE NEW STATION TO PERMIT HIM TO GO HOME WEEKENDS, MAY BE REIMBURSED UPON A FURTHER CHANGE OF DUTY STATION FOR THE COST OF SELLING THE RESIDENCE LOCATED 349 MILES FROM THE STATION FROM WHICH HE IS TRANSFERRED.

TO CAPTAIN R. C. DERBY, DEPARTMENT OF THE AIR FORCE, AUGUST 9, 1967:

WE REFER TO YOUR LETTER OF MAY 5, 1967, YOUR REFERENCE AAF/209, PDTATAC CONTROL NO. 67-17, BY WHICH YOU HAVE REQUESTED OUR ADVANCE DECISION WHETHER YOU MAY PROPERLY PAY THE TRAVEL VOUCHER SUBMITTED BY MR. JOHN P. WEISENSEE, A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE, SHEPPARD AIR FORCE BASE, TEXAS, TO REIMBURSE HIM THE COSTS HE INCURRED IN SELLING HIS RESIDENCE AT SIOUX FALLS, SOUTH DAKOTA, INCIDENT TO HIS CHANGE OF PERMANENT DUTY STATION FROM GRAND FORKS AIR FORCE BASE, NORTH DAKOTA, TO SHEPPARD AIR FORCE BASE IN AUGUST 1966.

MR. WEISENSEE CLAIMS REIMBURSEMENT IN THE AMOUNT OF $1,224.50 IN CONNECTION WITH THE SALE OF HIS RESIDENCE IN SIOUX FALLS UNDER THE PROVISIONS OF SECTION 23 (4) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS ADDED BY THE ACT OF JULY 21, 1966, PUB. L. 89-516, 80 STAT. 323, AS IMPLEMENTED BY SECTION 4 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966. THE QUESTION PRESENTED IS WHETHER PAYMENT OF THE AMOUNT CLAIMED IS PROPER IN VIEW OF THE FACT THAT THE RESIDENCE SOLD BY MR. WEISENSEE WAS LOCATED MORE THAN 300 MILES FROM HIS OLD DUTY STATION TO WHICH RESIDENCE HE COMMUTED ONLY ON WEEKENDS.

MR. WEISENSEE SAYS THAT HE WAS NOT ABLE TO FIND SUITABLE HOUSING FOR HIS FAMILY IN GRAND FORKS OR WITHIN DAILY COMMUTING DISTANCE THEREOF AFTER HIS TRANSFER TO GRAND FORKS FROM ELLSWORTH AIR FORCE BASE, SOUTH DAKOTA, IN SEPTEMBER 1964. AS A RESULT HE RESIDED IN BACHELOR QUARTERS IN GRAND FORKS. HOWEVER, IN OCTOBER 1965 HE MOVED HIS FAMILY FROM RAPID CITY, SOUTH DAKOTA (ELLSWORTH AIR FORCE BASE) TO SIOUX FALLS IN ORDER TO BRING THEM CLOSER TO HIS DUTY STATION AND WHICH PERMITTED HIM TO GO HOME EACH WEEKEND. (THE RAND MCNALLY STANDARD HIGHWAY MILEAGE GUIDE SHOWS THAT THE DISTANCE FROM GRAND FORKS TO RAPID CITY IS 559 MILES AND FROM GRAND FORKS TO SIOUX FALLS IS 349 MILES.)

SECTION 23 (4) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946 AUTHORIZES REIMBURSEMENT OF:

"* * * THE EXPENSES OF THE SALE OF THE RESIDENCE (OR THE SETTLEMENT OF AN UNEXPIRED LEASE) OF THE OFFICER OR EMPLOYEE AT THE OLD OFFICIAL STATION AND PURCHASE OF A HOME AT THE NEW OFFICIAL STATION REQUIRED TO BE PAID BY HIM WHEN THE OLD AND NEW OFFICIAL STATIONS ARE LOCATED WITHIN THE UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA), ITS TERRITORIES AND POSSESSIONS, THE COMMONWEALTH OF PUERTO RICO, AND THE CANAL ZONE, BUT REIMBURSEMENT FOR BROKERAGE FEES ON THE SALE OF THE RESIDENCE AND OTHER EXPENSES UNDER THIS SUBSECTION SHALL NOT EXCEED THOSE CUSTOMARILY CHARGED IN THE LOCALITY WHERE THE RESIDENCE IS LOCATED AND NO REIMBURSEMENT SHALL BE MADE FOR LOSSES ON THE SALE OF THE RESIDENCE. * * *"

AS INDICATED BY THE EMPHASIS SUPPLIED IN THE QUOTED SECTION THE CONTROLLING PROVISION OF LAW SPECIFIES THAT REIMBURSEMENT FOR THE COSTS INVOLVED IN THE SALE OF A RESIDENCE WILL BE ALLOWED ONLY FOR A RESIDENCE AT THE EMPLOYEE'S "OLD OFFICIAL STATION.' THE TERM OFFICIAL STATION AS USED IN THAT SECTION IS NOT DEFINED IN PUB. L. 89-516 OR IN SECTION 4 OF CIRCULAR NO. A-56 WHICH DEALS WITH THE REIMBURSEMENT OF COSTS INVOLVED IN THE SALE AND PURCHASE OF RESIDENCES. FURTHERMORE, WE FIND NOTHING IN THE LEGISLATIVE HISTORY OF PUB. L. 89-516 WHICH DEFINES THAT TERM. SECTION 1.9 OF BUREAU OF THE BUDGET CIRCULAR NO. A 56, APRIL 30, 1962, WHICH WAS IN EFFECT AT THE TIME PU. L. 89-516 WAS BEING CONSIDERED BY THE CONGRESS PROVIDED IN PERTINENT PART:

"* * * FOR THE PURPOSE OF THESE REGULATIONS, THE TERM -OFFICIAL STATION- SHALL BE CONSTRUED TO INCLUDE ANY POINT FROM WHICH THE EMPLOYEE COMMUTES DAILY TO HIS OFFICIAL POST OF DUTY.'

IN THE REVISION OF CIRCULAR NO. A-56 OF OCTOBER 12, 1966, THAT WORDING, SOMEWHAT CHANGED, APPEARS IN SECTION 6.3 AS FOLLOWS:

"* * * FOR PURPOSES OF COMPUTING ALLOWANCES FOR TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS THE TERM -OFFICIAL STATION- OR POST OF DUTY- MEANS THE RESIDENCE OR OTHER QUARTERS FROM WHICH THE EMPLOYEE REGULARLY COMMUTES TO AND FROM WORK.'

WE BELIEVE IT IS REASONABLE THAT THE WORDS OF THE STATUTE REFERRING TO THE RESIDENCE SOLD "AT THE OLD OFFICIAL STATION" BE INTERPRETED GENERALLY AS HAVING THE SAME MEANING APPLIED BY THE QUOTED REGULATIONS WITH REGARD TO TRANSPORTATION OF HOUSEHOLD EFFECTS. THEREFORE, WE CANNOT ON A GENERAL BASIS AUTHORIZE REIMBURSEMENT FOR THE COST INVOLVED IN THE SALE OF A RESIDENCE WHICH IS NOT ACTUALLY LOCATED AT THE EMPLOYEE'SOLD DUTY STATION OR AT A PLACE TO WHICH HE COMMUTES ON A DAILY BASIS. SEE B-160898, MARCH 10, 1967. ON THE OTHER HAND WE BELIEVE THAT AN EXCEPTION TO THE DAILY COMMUTING RULE MAY BE MADE IN CASES WHERE THE EMPLOYEE CONCERNED CANNOT OBTAIN A RESIDENCE FOR HIMSELF AND HIS FAMILY IN A LOCATION WHICH PERMITS COMMUTING TO WORK ON A DAILY BASIS. IN SUCH CASES REIMBURSEMENT MAY BE MADE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 4 OF CIRCULAR NO. A-56 FOR EXPENSES INCURRED IN THE SALE OF THE RESIDENCE IN WHICH THE EMPLOYEE'S FAMILY LIVES AND TO WHICH HE MAY COMMUTE ON WEEKENDS.

IN LINE WITH THE FOREGOING, SHOULD YOU FIND ON THE BASIS OF ALL AVAILABLE FACTS THAT MR. WEISENSEE COULD NOT HAVE OBTAINED A RESIDENCE FOR HIMSELF AND HIS FAMILY WITHIN DAILY COMMUTING DISTANCE OF GRAND FORKS THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE PAID IF OTHERWISE CORRECT.