B-145963, JUN. 20, 1961

B-145963: Jun 20, 1961

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THE TRANSFER ORDERS WERE CANCELED SHORTLY BEFORE THE DATE (DECEMBER 5. THE EMPLOYEES WERE TO REPORT FOR DUTY AT THEIR NEW STATION AND THEY SEEK REIMBURSEMENT FOR EXPENSES INCURRED INCIDENT TO RELOCATING THEIR RESIDENCES IN THE VICINITY OF PHILADELPHIA. TYPICAL EXPENDITURES WERE: EXPENSES OF ONE OR MORE TRIPS FROM WASHINGTON TO PHILADELPHIA TO ARRANGE FOR SUITABLE LIVING QUARTERS. FORFEITURES OF RENT OR DEPOSITS WHEN LEASES WERE CANCELED BECAUSE OF REVOCATION OF THEIR TRANSFER ORDERS. WE HAVE CONSIDERED CAREFULLY THE CLAIMS OF THE EMPLOYEES CONCERNED AND WHILE WE APPRECIATE THE FACT THAT THERE IS MUCH EQUITY IN SOME OF THEIR CLAIMS. THE REDRESS SOUGHT BY THE EMPLOYEES IS NOT ONE EXPRESSLY AUTHORIZED BY ANY EXISTING LAW OF WHICH WE ARE AWARE.

B-145963, JUN. 20, 1961

TO THE SECRETARY OF THE NAVY:

ON MAY 23, 1961, THE ASSISTANT SECRETARY OF THE NAVY (INSTALLATIONS AND LOGISTICS) TRANSMITTED HERE THE CLAIMS OF TEN CIVILIAN EMPLOYEES COVERING MISCELLANEOUS EXPENSES WHICH THEY INCURRED INCIDENT TO TRANSFER ORDERS DIRECTING A CHANGE OF STATION FROM THE NAVAL WEAPONS PLANT, WASHINGTON, D.C., TO THE NAVAL AIR MATERIAL CENTER, PHILADELPHIA, EFFECTIVE DECEMBER 5, 1960. THE TRANSFER ORDERS WERE CANCELED SHORTLY BEFORE THE DATE (DECEMBER 5, 1960), THE EMPLOYEES WERE TO REPORT FOR DUTY AT THEIR NEW STATION AND THEY SEEK REIMBURSEMENT FOR EXPENSES INCURRED INCIDENT TO RELOCATING THEIR RESIDENCES IN THE VICINITY OF PHILADELPHIA.

TYPICAL EXPENDITURES WERE: EXPENSES OF ONE OR MORE TRIPS FROM WASHINGTON TO PHILADELPHIA TO ARRANGE FOR SUITABLE LIVING QUARTERS; FOOD AND LODGING EXPENSES INCIDENT TO LOCATING AND NEGOTIATING FOR LIVING QUARTERS; AND FORFEITURES OF RENT OR DEPOSITS WHEN LEASES WERE CANCELED BECAUSE OF REVOCATION OF THEIR TRANSFER ORDERS. IN ONE INSTANCE THE EMPLOYEE HAD TO CANCEL A CONTRACT FOR THE CONSTRUCTION OF A HOME AND INCURRED A SUBSTANTIAL PENALTY FOR SO DOING.

WE HAVE CONSIDERED CAREFULLY THE CLAIMS OF THE EMPLOYEES CONCERNED AND WHILE WE APPRECIATE THE FACT THAT THERE IS MUCH EQUITY IN SOME OF THEIR CLAIMS, WE KNOW OF NO LEGAL BASIS UPON WHICH WE COULD AUTHORIZE PAYMENT OF THE EXPENSES CLAIMED. THE REDRESS SOUGHT BY THE EMPLOYEES IS NOT ONE EXPRESSLY AUTHORIZED BY ANY EXISTING LAW OF WHICH WE ARE AWARE; RATHER, IT INVOLVES A MATTER OF POLICY WHICH MUST BE RESOLVED BY THE CONGRESS. FOR A SOMEWHAT SIMILAR SITUATION IN WHICH CONGRESS ENACTED EXPRESS LEGISLATION SEE SECTION 109 OF PUBLIC LAW 85-162, 71 STAT. 407.

THE ENCLOSURES TRANSMITTED WITH YOUR ASSISTANT SECRETARY'S LETTER ARE RETURNED AS REQUESTED.

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