B-167708, SEP. 26, 1969

B-167708, SEP. 26, 1969

CIVIL PAY - REAL ESTATE EXPENSES DECISION TO CERTIFYING OFFICER OF ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION REGARDING HOME SALE EXPENSE REIMBURSEMENT INCIDENT TO VESSEL COMMISSIONING PROGRAM ASSIGNMENTS. WHERE EMPLOYEE, WITHOUT PERMANENT CHANGE-OF-STATION ORDERS BUT UNDER ORDERS THAT REQUIRED DUTY ON VESSELS HOME PORTED AT NORFOLK, SOLD HIS HOME AT ST. PETERSBURG AND THEN FOR SEVERAL YEARS WAS ASSIGNED TO VARIOUS VESSELS UNTIL PERMANENT CHANGE-OF-STATION ORDERS ASSIGNED HIM TO MIAMI MAY HAVE THE VARIOUS ASSIGNMENTS REGARDED AS TEMPORARY DUTY ASSIGNMENTS AND MAY NOW BE REIMBURSED FOR REAL ESTATE EXPENSES INCIDENT TO SALE OF HOME AT ST. PETERSBURG.

TO MRS. EDITH ALBRITTAIN:

THIS IS IN REPLY TO YOUR LETTER OF AUGUST 8, 1969, REFERENCE AD571X17, REQUESTING OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER IN FAVOR OF MR. GEORGE A. LAPIENE, JR., AN EMPLOYEE OF THE COAST AND GEODETIC SURVEY, FOR REIMBURSEMENT OF EXPENSES INCURRED IN SELLING HIS RESIDENCE AT LARGO, FLORIDA, A SUBURB OF ST. PETERSBURG, INCIDENT TO HIS TRANSFER OF OFFICIAL STATION FROM NORFOLK, VIRGINIA, TO MIAMI, FLORIDA, PURSUANT TO TRAVEL ORDER NO. 69-RF27-040, DATED AUGUST 22, 1968. THE CLAIM WAS ADMINISTRATIVELY DISALLOWED BECAUSE NORFOLK WAS REGARDED AS THE EMPLOYEE'S PERMANENT STATION WHEREAS THE RESIDENCE WAS NOT LOCATED WITHIN COMMUTING DISTANCE OF THAT STATION.

WHILE FOR OPERATIONAL AND ADMINISTRATIVE PURPOSES THE HOME PORT OF A VESSEL IS REGARDED AS THE OFFICIAL DUTY STATION OF EMPLOYEES ASSIGNED TO SUCH A VESSEL, IN THE INSTANT CASE NO PERMANENT CHANGE OF STATION ORDERS WERE ISSUED TO THE EMPLOYEE TRANSFERRING HIM TO NORFOLK, VIRGINIA. THE FAILURE TO TRANSFER THE EMPLOYEE APPARENTLY WAS INTENTIONAL, BECAUSE THE HEAVY COMMISSIONING AND DECOMMISSIONING PROGRAM MADE IT IMPOSSIBLE TO DETERMINE WHERE THE PERMANENT ASSIGNMENT OF THE EMPLOYEE ULTIMATELY WOULD BE. IN THE ABSENCE OF PERMANENT CHANGE OF STATION ORDERS, THE EMPLOYEE COULD NOT HAVE BEEN REIMBURSED REAL ESTATE TRANSACTION EXPENSES HAD HE SOLD HIS RESIDENCE AT LARGO INCIDENT TO HIS NORFOLK ASSIGNMENT.

IN LATE 1966 THE EMPLOYEE WAS ATTACHED TO THE VESSEL "HYDROGRAPHER" WHICH SAILED FROM ST. PETERSBURG, FLORIDA, TO NORFOLK, VIRGINIA, WHERE IT WAS DECOMMISSIONED SHORTLY AFTER ITS ARRIVAL. THE EMPLOYEE WAS THEN ASSIGNED TO THE "MARMER" WHICH WAS ALSO SCHEDULED TO BE DECOMMISSIONED AND WAS, IN FACT, DECOMMISSIONED IN LOUISIANA IN JUNE 1968. IN THE MEANTIME, THE EMPLOYEE HAD SPENT SEVERAL MONTHS IN SCHOOL IN WASHINGTON, D.C., AND HAD TRAVELED ON THE "MARMER" TO NEW ENGLAND, BUT NEVER REMAINED IN ANY ONE CITY ON THAT VOYAGE FOR MORE THAN 30 DAYS. AFTER THAT THE "MARMER" RETURNED TO NORFOLK FOR A 3-MONTH PERIOD OF OVERHAULING. IT THEN DEPARTED FOR LOUISIANA IN FEBRUARY 1968 AND REMAINED IN LOUISIANA FROM THE TIME OF ITS ARRIVAL UNTIL IT WAS DECOMMISSIONED. THEREAFTER, THE EMPLOYEE WAS ASSIGNED TO THE VESSEL "FERREL.' THIS SHIP, TOO, WAS TO BE HOME PORTED IN NORFOLK. HOWEVER, PRIOR TO ITS SAILING FROM LOUISIANA TO NORFOLK, THE EMPLOYEE WAS PERMANENTLY TRANSFERRED TO THE ATLANTIC OCEANOGRAPHIC LABORATORIES AT MIAMI, FLORIDA.

IN VIEW OF THE UNUSUAL CIRCUMSTANCES IN THE INSTANT CASE IT IS NOT UNREASONABLE TO VIEW EACH OF THE VARIOUS ASSIGNMENTS OF THE EMPLOYEE OCCURRING AFTER HIS DEPARTURE FROM ST. PETERSBURG, FLORIDA, UNTIL HE WAS PERMANENTLY ASSIGNED TO THE ATLANTIC OCEANOGRAPHIC LABORATORIES OF MIAMI AS TEMPORARY DUTY ASSIGNMENTS SO THAT NOW HE MAY BE REIMBURSED OTHERWISE PROPER REAL ESTATE TRANSACTION EXPENSES INCIDENT TO THE SALE OF HIS RESIDENCE AT LARGO, FLORIDA. IN SUCH CONNECTION NO MORE THAN THE USUAL LOAN ORIGINATION FEE, WHICH FROM THE CORRESPONDENCE TRANSMITTED HERE APPEARS TO BE 1 PERCENT, WOULD BE REIMBURSABLE. THE $841.50 SHOWN ON THE CLOSING STATEMENT APPEARS PRIMARILY TO REPRESENT POINTS OR A CHARGE FOR THE USE OF THE MONEY LOANED WHICH UNDER THE APPLICABLE REGULATIONS IS NOT REIMBURSABLE.

THE VOUCHER, WITH ATTACHMENTS, IS RETURNED HEREWITH FOR HANDLING IN ACCORDANCE WITH THE FOREGOING.