B-70871, OCT. 9, 1970

B-70871, OCT. 9, 1970

TRAVEL EXPENSES - ADVANCE - DEBT WAIVER DECISION TO ADMINISTRATOR OF FEDERAL AVIATION ADMINISTRATION AUTHORIZING CANCELLATION OF INDEBTEDNESS AGAINST FORMER EMPLOYEE (THOMAS M. LURRY) FOR ADVANCE OF TRAVEL FUNDS AND PAYMENT OF AMOUNT PREVIOUSLY DEDUCTED FROM RETIREMENT ANNUITY PAYMENTS. EMPLOYEE WHO UPON RETIREMENT IN 1969 HAD AMOUNT WITHHELD FROM ANNUITY PAYMENTS TO OFFSET INDEBTEDNESS FOR ADVANCE OF TRAVEL FUNDS MORE THAN 10 YEARS PRIOR TO RETIREMENT MAY HAVE DEBT CANCELLED AND AMOUNT REFUNDED EVEN THOUGH OFFICIAL RECORDS OF TRANSACTION ARE NOT NOW AVAILABLE. SINCE IT WAS CUSTOMARY TO OFFSET ADVANCE FROM SUBSEQUENT TRAVEL VOUCHERS, CSC FORM 3037 WAS PREMATURELY FORWARDED TO CSC AND IF DEBT STILL EXISTED AT TIME OF RETIREMENT IT COULD HAVE BEEN LIQUIDATED THROUGH APPLICATION OF FINAL SALARY AND LUMP SUM LEAVE PAYMENT.

TO MR. SHAFFER:

WE REFER TO YOUR LETTER OF JUNE 2, 1970, WITH ENCLOSURES, CONCERNING THE INDEBTEDNESS OF MR. THOMAS M. LURRY, A FORMER EMPLOYEE OF THE CIVIL AERONAUTICS ADMINISTRATION, PREDECESSOR OF THE FEDERAL AVIATION ADMINISTRATION. THE PERTINENT FACTS AND CIRCUMSTANCES SURROUNDING MR. LURRY'S INDEBTEDNESS ARE SET FORTH IN YOUR LETTER AS FOLLOWS:

" *** IN BRIEF, IT APPEARS THAT IN 1948 MR. LURRY, WHO ENTERED THE FEDERAL SERVICE IN 1940, WAS IN DEBT TO THE GOVERNMENT TO THE AMOUNT OF $1,372.95. THIS DEBT WAS DUE TO AN ADVANCE OF FUNDS FOR PURPOSES OF TRAVEL IN LINE OF DUTY AND AN OFFICIAL CHANGE OF DUTY STATION FROM THE UNITED STATES TO PARIS, FRANCE. FOR A REASON THAT IS NOT KNOWN, AN OFFICIAL OF THE CAA SENT A CSC FORM 3037 (REQUEST FOR RECOVERY OF DEBT DUE THE UNITED STATES), COMPLETE WITH INFORMATION REGARDING MR. LURRY'S DEBT, TO THE RETIREMENT DIVISION OF THE U. S. CIVIL SERVICE COMMISSION ON 22 OCTOBER 1948. THIS FORM (AND ITS SUCCESSORS) IS NORMALLY SENT TO THE CSC ONLY IF AN EMPLOYEE LEAVES THE SERVICE WHILE INDEBTED TO THE UNITED STATES GOVERNMENT AND MEANS OF RECOVERY OF THE DEBT HAVE BEEN EXHAUSTED. THE FORM RELATING TO MR. LURRY'S DEBT HAD BEEN CLEARLY ALTERED TO INDICATE THAT IT WAS KNOWN THAT HE WAS STILL AN EMPLOYEE OF THE FEDERAL GOVERNMENT AND THAT ALL MEANS OF RECOVERY HAD NOT BEEN EXHAUSTED. MR. LURRY LEFT THE FEDERAL SERVICE IN 1959, APPARENTLY WITHOUT ANY KNOWLEDGE THAT THE FORM HAD BEEN SENT TO THE CIVIL SERVICE COMMISSION.

"ON THE BASIS OF THE INFORMATION ON CSC FORM 3037 SUBMITTED BY THE CAA, THE U. S. CIVIL SERVICE COMMISSION WITHHELD THE AMOUNT OF $1,372.95 FROM MR. LURRY'S CIVIL SERVICE RETIREMENT ANNUITY CHECKS WHICH WERE DUE TO BE SENT TO HIM STARTING IN OCTOBER OF 1969.

"THE REASON I AM PARTICULARLY CONCERNED ABOUT THIS CASE IS THAT MR. LURRY CLAIMS THAT THE DEBT WAS OFFSET AGAINST EXPENSE VOUCHERS FOR OFFICIAL TRAVEL AS WAS CUSTOMARY AT THE TIME, AND STILL IS.THERE IS NOTHING IN OUR RECORDS OR MR. LURRY'S OFFICIAL PERSONNEL FOLDER TO INDICATE THAT HE WAS INDEBTED TO THE GOVERNMENT WHEN HE LEFT THE FEDERAL SERVICE AND IT IS QUITE IMPROBABLE THAT MR. LURRY'S TRAVEL EXPENSE VOUCHERS WOULD HAVE BEEN PAID BY THE CAA OVER A PERIOD OF MORE THAN 10 YEARS (WITH A 2-YEAR BREAK FROM JUNE 1951 TO JULY 1953 WHEN MR. LURRY WAS IN A POSITION NOT REQUIRING TRAVEL) WITHOUT DEDUCTION BEING MADE FOR THE OUTSTANDING TRAVEL ADVANCE OF $1,372.95."

IN ADDITION TO THE ABOVE YOU POINT OUT THAT ALL FISCAL RECORDS COVERING THE PERIOD IN QUESTION HAVE BEEN DESTROYED IN ACCORDANCE WITH RECORDS DISPOSAL PROCEDURES AND THAT THE CIVIL SERVICE COMMISSION FORM 3037, DISCUSSED ABOVE, CONSTITUTES THE ONLY EVIDENCE OF MR. LURRY'S PURPORTED INDEBTEDNESS.

BASED ON THE FOREGOING YOU EXPRESS THE VIEW THAT IT IS HIGHLY IMPROBABLE THAT MR. LURRY WAS STILL INDEBTED FOR THE ADVANCED TRAVEL FUNDS WHICH HE RECEIVED PRIOR TO OCTOBER 1948 WHEN HE RETIRED FROM GOVERNMENT SERVICE ON FEBRUARY 7, 1959. YOU SUGGEST, THEREFORE, THAT MR. LURRY'S INDEBTEDNESS BE CONSIDERED AS HAVING BEEN LIQUIDATED PRIOR TO HIS RETIREMENT SO THAT HE MAY BE PAID THE SUM OF $1,372.95 WHICH HAS BEEN DEDUCTED FROM HIS RETIREMENT ANNUITY.

IN LETTER OF APRIL 25, 1970, ADDRESSED TO THE PERSONNEL OFFICE OF YOUR AGENCY, MR. LURRY STATES THAT THE $1,200 TRAVEL ADVANCE WHICH HE RECEIVED INCIDENT TO HIS TRANSFER TO PARIS IN NOVEMBER 1946 WAS OFFSET AGAINST SUBSEQUENT EXPENSE VOUCHERS COVERING OFFICIAL TRAVEL WHILE STATIONED IN PARIS. SINCE SUCH METHOD OF LIQUIDATING A TRAVEL ADVANCE IS CUSTOMARY, MR. LURRY'S STATEMENT, WHICH HAS NOT BEEN REFUTED, IS ENTITLED TO CONSIDERABLE WEIGHT. MOREOVER, IF, IN FACT, MR. LURRY'S INDEBTEDNESS WAS NOT EXTINGUISHED PRIOR TO THE TIME OF HIS RETIREMENT, IT IS DOUBTFUL THAT AT LEAST PART OF SUCH INDEBTEDNESS WOULD NOT HAVE BEEN LIQUIDATED THROUGH APPLICATION OF HIS FINAL SALARY AND LUMP-SUM LEAVE PAYMENT.

IN OUR OPINION THE ABOVE CONSIDERATIONS, TOGETHER WITH THE FACT THAT THE SOLE EVIDENCE OF THE DEBT IS THE FORM 3037 WHICH INEXPLICABLY WAS PREMATURELY FORWARDED TO THE CIVIL SERVICE COMMISSION, JUSTIFY A DETERMINATION THAT MR. LURRY WAS NOT INDEBTED TO THE GOVERNMENT FOR ADVANCED TRAVEL FUNDS AT THE TIME OF HIS RETIREMENT. ACCORDINGLY, WE ARE REQUESTING THE CIVIL SERVICE COMMISSION TO CANCEL THE CHARGE AGAINST MR. LURRY'S RETIREMENT ACCOUNT AND ISSUE PAYMENT FOR THE AMOUNT PREVIOUSLY DEDUCTED FROM HIS ANNUITY PAYMENTS.