B-165798, FEB. 3, 1969
Highlights
SCHULLERY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 11. LONG WAS EMPLOYED BY THE DEPARTMENT OF THE AIR FORCE AT OLMSTED AIR FORCE BASE. WHEN HE WAS ADVISED ON JULY 5. HE WAS OFFERED A TRANSFER WITH HIS POSITION TO TINKER AIR FORCE BASE ON OCTOBER 31. SETTLEMENT ON THE SALE OF THE RESIDENCE WAS HELD. ORDERS WERE ISSUED FOR HIS TRANSFER TO TINKER AIR FORCE BASE TO BE EFFECTIVE ABOUT JULY 23. HE WAS SEPARATED FROM HIS AIR FORCE POSITION TO ACCEPT A POSITION IN THE FEDERAL AVIATION ADMINISTRATION AT HARRISBURG. WHICH IS 10 MILES FROM MIDDLETOWN ACCORDING TO THE RAND-MCNALLY STANDARD HIGHWAY MILEAGE GUIDE. THE DEPARTMENT OF THE AIR FORCE IS NOT AUTHORIZED TO REIMBURSE HIM THE EXPENSES HE INCURRED IN SELLING HIS RESIDENCE IN ANTICIPATION OF THAT TRANSFER.
B-165798, FEB. 3, 1969
TO MR. R. J. SCHULLERY:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 11, 1968, CONCERNING THE CLAIM OF MR. CHARLES RAYMOND LONG, JR., AN EMPLOYEE OF THE FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION, FOR REIMBURSEMENT OF THE EXPENSES HE INCURRED IN SELLING HIS RESIDENCE UNDER THE PROVISIONS OF 5 U.S.C. 5724A AND SECTION 4 OF BUREAU OF THE BUDGET CIRCULAR NO. A- 56.
MR. LONG WAS EMPLOYED BY THE DEPARTMENT OF THE AIR FORCE AT OLMSTED AIR FORCE BASE, MIDDLETOWN, PENNSYLVANIA, WHEN HE WAS ADVISED ON JULY 5, 1966, THAT HIS POSITION WOULD BE TRANSFERRED TO TINKER AIR FORCE BASE, OKLAHOMA, NOT EARLIER THAN JULY 31, 1967. HE WAS OFFERED A TRANSFER WITH HIS POSITION TO TINKER AIR FORCE BASE ON OCTOBER 31, 1966, WHICH HE INDICATED HE WOULD ACCEPT. ON DECEMBER 8, 1966, HE ENTERED INTO AN AGREEMENT TO SELL HIS RESIDENCE IN THE VICINITY OF OLMSTED AIR FORCE BASE AND ON FEBRUARY 3, 1967, SETTLEMENT ON THE SALE OF THE RESIDENCE WAS HELD. JUNE 21, 1967, ORDERS WERE ISSUED FOR HIS TRANSFER TO TINKER AIR FORCE BASE TO BE EFFECTIVE ABOUT JULY 23. HOWEVER, EFFECTIVE JULY 15, 1967, HE WAS SEPARATED FROM HIS AIR FORCE POSITION TO ACCEPT A POSITION IN THE FEDERAL AVIATION ADMINISTRATION AT HARRISBURG, PENNSYLVANIA, WHICH IS 10 MILES FROM MIDDLETOWN ACCORDING TO THE RAND-MCNALLY STANDARD HIGHWAY MILEAGE GUIDE.
SINCE MR. LONG VOLUNTARILY RELINQUISHED HIS POSITION WITH THE AIR FORCE PRIOR TO THE DATE OF HIS PROPOSED TRANSFER TO TINKER AIR FORCE BASE, THE DEPARTMENT OF THE AIR FORCE IS NOT AUTHORIZED TO REIMBURSE HIM THE EXPENSES HE INCURRED IN SELLING HIS RESIDENCE IN ANTICIPATION OF THAT TRANSFER. FURTHER, WE DO NOT BELIEVE THAT THE SALE OF MR. LONG'S RESIDENCE IN MIDDLETOWN ON FEBRUARY 3, 1967, CAN BE SAID TO HAVE RESULTED FROM HIS TRANSFER TO THE FEDERAL AVIATION ADMINISTRATION IN JULY OF THAT YEAR BECAUSE AT THE TIME THE SALE WAS COMPLETED THAT TRANSFER WAS APPARENTLY NOT CONTEMPLATED.
THEREFORE, REIMBURSEMENT TO MR. LONG OF THE COSTS OF SELLING HIS RESIDENCE IS NOT AUTHORIZED. THE ENCLOSURES TO YOUR LETTER ARE RETURNED.