B-143845, JUL. 26, 1961

B-143845, JUL. 26, 1961

TO MR. LEONARD MOSS:

YOUR LETTER OF JULY 11, 1961, INQUIRES ABOUT THE MEANING OF THE PHRASES "FOR THE CONVENIENCE OF THE GOVERNMENT" AND "PERSONAL CONVENIENCE," AND WILL BE REGARDED AS A REQUEST FOR ANOTHER REVIEW OF YOUR CLAIM FOR REIMBURSEMENT OF TRAVEL AND TRANSPORTATION EXPENSES INCURRED BY YOU INCIDENT TO THE TRANSFER OF YOUR POST OF DUTY FROM OAKLAND TO PASADENA, CALIFORNIA, WHICH WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF AUGUST 10, 1960.

WE HAVE AGAIN REVIEWED THE RECORD IN YOUR CASE. ON AUGUST 31, 1959, YOU WERE INFORMED BY THE CIVILIAN PERSONNEL OFFICER OF THE LOS ANGELES ARMY ORDNANCE DISTRICT, PASADENA, CALIFORNIA, THAT YOU HAD BEEN ACCEPTED FOR THE POSITION OF FREIGHT TRAFFIC OFFICER AND THAT "IT IS TO BE NOTED THAT TRAVEL WILL BE AT YOUR EXPENSE.' THAT LETTER APPARENTLY WAS A RESPONSE OF YOUR LETTER OF AUGUST 27, 1959, WHEREIN YOU TRANSMITTED A FORM 57 AND EXPRESSED THANKS FOR REVIEWING YOUR APPLICATION. ON JULY 7, 1960, BY 2ND INDORSEMENT, MR. W. J. BROWN, SPECIAL DISBURSING AGENT, LOS ANGELES ARMY ORDNANCE DISTRICT, PASADENA, CALIFORNIA, INFORMED THE COMMANDING GENERAL, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS 49, INDIANA, IN PART AS FOLLOWS:

"* * * 5. IT IS RECOMMENDED THAT THE CLAIM BE DISALLOWED FOR THE FOLLOWING REASONS:

"A. CLAIMANT MADE THE INITIAL CONTACT APPLYING FOR EMPLOYMENT WITH THE U.S. ARMY ORDNANCE DISTRICT.

"B. CLAIMANT ACCEPTED THIS DISTRICT'S OFFER OF EMPLOYMENT WITH THE DEFINITE UNDERSTANDING THAT THE GOVERNMENT WOULD NOT PAY TRANSPORTATION OF SELF OR DEPENDENTS AND COSTS OF SHIPMENT OF HOUSEHOLD GOODS.

"C. CLAIMANT WAS NOT THE ONLY ELIGIBLE PERSON AVAILABLE FOR THE FREIGHT TRAFFIC OFFICER GS-9 POSITION.

"D. CLAIMANT WAS NOT AUTHORIZED EITHER BY VERBAL ORDER OR WRITTEN ORDER TO PROCEED ON A PERMANENT CHANGE OF STATION AT GOVERNMENT EXPENSE. * *

THE RIGHT TO REIMBURSEMENT FOR EXPENSES INCURRED UPON TRANSFER OF STATION IS GOVERNED BY SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 73B-1, WHICH READS IN PERTINENT PART AS FOLLOWS:

"/A) UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, ANY CIVILIAN OFFICER OR EMPLOYEE OF THE GOVERNMENT WHO, IN THE INTEREST OF THE GOVERNMENT, IS TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER * * * SHALL * * * WHEN AUTHORIZED OR APPROVED BY SUCH SUBORDINATE OFFICIAL OR OFFICIALS OF THE DEPARTMENT CONCERNED AS THE HEAD THEREOF MAY DESIGNATE FOR THE PURPOSE, BE ALLOWED AND PAID FROM GOVERNMENT FUNDS THE EXPENSES OF TRAVEL OF HIMSELF AND THE EXPENSES OF TRANSPORTATION OF HIS IMMEDIATE FAMILY * * * AND THE EXPENSES OF TRANSPORTATION, PACKING, CRATING, TEMPORARY STORAGE, DRAYAGE, AND UNPACKING OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS * * * PROVIDED * * * THAT NO PART OF SUCH EXPENSES * * * SHALL BE ALLOWED OR PAID FROM GOVERNMENT FUNDS WHERE THE TRANSFER IS MADE PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE OFFICER OR EMPLOYEES OR AT HIS REQUEST * * *.'

THE AGENCY CONSIDERED YOUR TRANSFER OF OFFICIAL STATION AS BEING MADE AT YOUR REQUEST AND THEREFORE PRIMARILY FOR YOUR CONVENIENCE. CONSEQUENTLY, TRAVEL ORDERS AUTHORIZING TRAVEL AT GOVERNMENT EXPENSE WERE NOT ISSUED. THE PROCEDURE OF THE AGENCY WAS IN ACCORDANCE WITH THE ABOVE-QUOTED LAW.

THERE IS NO MANDATORY RIGHT UNDER THE LAW TO PAYMENT OF TRAVEL EXPENSES INCURRED INCIDENT TO TRANSFER FROM ONE OFFICIAL STATION TO ANOTHER. THE FACT THAT A TRANSFER MAY BE IN THE INTEREST OF THE GOVERNMENT, IN ITSELF, DOES NOT CONFER UPON THE EMPLOYEE THE RIGHT TO RECEIVE PAYMENT OF TRAVEL EXPENSES BECAUSE THE LAW SPECIFIES OTHER PREREQUISITE FACTORS, TO WIT, (1) ADMINISTRATIVE APPROVAL, AND (2) THAT THE TRANSFER BE ONE WHICH WAS NOT REQUESTED BY THE EMPLOYEE.

ON THE PRESENT RECORD OUR SETTLEMENT OF AUGUST 10, 1960, MUST BE AND IS HEREBY SUSTAINED.

YOUR UNDERSTANDING THAT THE PHRASE "FOR THE CONVENIENCE OF THE GOVERNMENT" APPEARS TO MEAN THAT THE GOVERNMENT WILL ASSUME THE RESPONSIBILITY OF TRAVEL EXPENSES "PROVIDING AN AGENCY EMPLOYS THE APPLICANT AND ISSUES TRAVEL ORDERS" IS NOT IN ACCORD WITH THE LAW. ALTHOUGH PAYMENT OF TRAVEL EXPENSES UPON TRANSFER OF AN EMPLOYEE FROM ONE OFFICIAL STATION TO ANOTHER IS AUTHORIZED UPON THE BASIS OF A TRAVEL ORDER "WHEN IN THE INTEREST OF THE GOVERNMENT," THE LAW QUOTED ABOVE PROVIDES THAT "NO PART OF SUCH EXPENSES SHALL BE ALLOWED OR PAID FROM GOVERNMENT FUNDS WHERE THE TRANSFER IS MADE PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE OFFICER OR EMPLOYEE OR AT HIS REQUEST.' YOUR UNDERSTANDING THAT "PERSONAL CONVENIENCE" APPEARS TO MEAN THAT AN APPLICANT WHO IS ,TRANSFERRED, RECRUITED, OR HIRED BY AN AGENCY, PAYS HIS OWN TRAVEL EXPENSES" IS NOT ENTIRELY CORRECT. THE LAW WHICH IS QUOTED ABOVE PROVIDES SPECIFICALLY FOR THE PAYMENT FROM GOVERNMENT FUNDS OF TRAVEL EXPENSES INCIDENT TO AN EMPLOYEE'S TRANSFER FROM ONE OFFICIAL STATION TO ANOTHER, SUBJECT TO CONDITIONS THEREIN STATED. HOWEVER, UPON FIRST APPOINTMENT AN EMPLOYEE GENERALLY IS REQUIRED TO PLACE HIMSELF AT HIS FIRST DUTY STATION AT HIS OWN EXPENSE UNLESS THAT DUTY STATION IS OVERSEAS, IN WHICH EVENT TRANSPORTATION AND TRAVEL EXPENSES MAY BE AUTHORIZED INCIDENT TO REPORTING TO SUCH OVERSEAS STATION PURSUANT TO SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 73B-3.

YOUR ATTENTION MAY BE DIRECTED TO THE FACT THAT THE LAW DOES NOT SPECIFY FACTORS WHICH RENDER THE TRANSFER OF AN EMPLOYEE FROM ONE OFFICIAL STATION TO ANOTHER "IN THE INTEREST OF THE GOVERNMENT" NOR DOES IT SPECIFY FACTORS WHICH COMPREHEND "PERSONAL CONVENIENCE," EXCEPT WHEN THE TRANSFER IS REQUESTED BY THE EMPLOYEE. THEREFORE, IT IS WITHIN THE DISCRETION OF THE AGENCY TO DETERMINE IN ANY GIVEN CASE WHETHER A TRANSFER IS IN THE INTEREST OF THE GOVERNMENT OR FOR THE CONVENIENCE OF THE EMPLOYEE. IF AN EMPLOYEE HAS TAKEN THE INITIATIVE IN OBTAINING A TRANSFER TO A POSITION IN ANOTHER LOCATION, AN AGENCY USUALLY DETERMINES THAT THE TRANSFER IS MADE FOR THE CONVENIENCE OF THE EMPLOYEE OR AT HIS REQUEST, WHEREAS, IF THE AGENCY RECRUITS OR REQUESTS AN EMPLOYEE TO TRANSFER TO A DIFFERENT LOCATION IT WILL REGARD SUCH TRANSFER AS BEING IN THE INTEREST OF THE GOVERNMENT.