B-160811, FEB. 27, 1967

B-160811: Feb 27, 1967

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MICHAEL PAPICH: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 23. WHICH WAS IN EFFECT AT THE TIME THE TRAVEL WAS PERFORMED PROVIDED IN EFFECT THAT AN EMPLOYEE WHO. IS TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER MAY BE PAID THE TRAVEL AND TRANSPORTATION EXPENSES OTHERWISE AUTHORIZED THEREIN ONLY WHEN THE TRAVEL IS AUTHORIZED OR APPROVED BY AN OFFICIAL OF THE DEPARTMENT VESTED WITH APPROPRIATE AUTHORITY. THERE IS IN THE RECORD OF THIS OFFICE A COPY OF A MEMORANDUM DATED MAY 7. READING IN PART AS FOLLOWS: "* * * THIS TRAVEL WAS NOT OFFICIALLY AUTHORIZED BY THE BUREAU OF INDIAN AFFAIRS. PAPICH WAS ADVISED VERBALLY THAT THE BUREAU OF INDIAN AFFAIRS WOULD UNDERTAKE NO RESPONSIBILITY FOR REIMBURSEMENT OF TRAVEL EXPENSES INCURRED.

B-160811, FEB. 27, 1967

TO MR. MICHAEL PAPICH:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 23, 1967, WHEREIN YOU REQUEST REVIEW OF OFFICE SETTLEMENT OF JANUARY 12, 1967, DISALLOWING YOUR CLAIM FOR TRAVEL AND TRANSPORTATION EXPENSES IN THE SUM OF $668.53, INCIDENT TO MOVING YOUR HOUSEHOLD EFFECTS AND FAMILY FROM ANACONDA, MONTANA, TO WINSLOW, ARIZONA, IN MARCH 1965.

THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 73B-1 (1964 ED.), WHICH WAS IN EFFECT AT THE TIME THE TRAVEL WAS PERFORMED PROVIDED IN EFFECT THAT AN EMPLOYEE WHO, IN THE INTEREST OF THE GOVERNMENT, IS TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER MAY BE PAID THE TRAVEL AND TRANSPORTATION EXPENSES OTHERWISE AUTHORIZED THEREIN ONLY WHEN THE TRAVEL IS AUTHORIZED OR APPROVED BY AN OFFICIAL OF THE DEPARTMENT VESTED WITH APPROPRIATE AUTHORITY.

THE RECORD INDICATES THAT YOU DID NOT OBTAIN PRIOR ADMINISTRATIVE AUTHORIZATION FOR THE TRAVEL IN QUESTION. WHILE THE MEMORANDUM OF MARCH 11, 1965, FROM MR. BREWER, DEPUTY DIRECTOR OF EDUCATION, GRANTED YOU PERMISSION TO GO TO ANACONDA, MONTANA, TO SECURE YOUR FAMILY AND HOUSEHOLD EFFECTS, IT DID NOT PURPORT TO CONSTITUTE AUTHORITY TO PERFORM SUCH TRAVEL AT GOVERNMENT EXPENSE.

ALSO, THERE IS IN THE RECORD OF THIS OFFICE A COPY OF A MEMORANDUM DATED MAY 7, 1965, SIGNED BY THE ACTING SUPERINTENDENT, TUBA CITY SUB AGENCY, NAVAJO AGENCY OF THE BUREAU OF INDIAN AFFAIRS, READING IN PART AS FOLLOWS:

"* * * THIS TRAVEL WAS NOT OFFICIALLY AUTHORIZED BY THE BUREAU OF INDIAN AFFAIRS. MR. PAPICH WAS ADVISED VERBALLY THAT THE BUREAU OF INDIAN AFFAIRS WOULD UNDERTAKE NO RESPONSIBILITY FOR REIMBURSEMENT OF TRAVEL EXPENSES INCURRED. THIS ADVICE WAS GIVEN PRIOR TO HIS DEPARTURE FOR ANACONDA AND RETURN.'

IN VIEW THEREOF AND IN THE ABSENCE OF ANY EVIDENCE INDICATING SUCH TRAVEL WAS SUBSEQUENTLY APPROVED, THERE IS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM. THE ENCLOSURES TO YOUR LETTER ARE RETURNED.

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