B-127187, MAR. 22, 1956

B-127187, MAR. 22, 1956

TO MR. HARRY NUNN, AUTHORIZED CERTIFYING OFFICER, CIVIL AERONAUTICS ADMINISTRATION:

ON FEBRUARY 29, 1955, THE CHIEF, ACCOUNTING DIVISION, CIVIL AERONAUTICS ADMINISTRATION, FORWARDED HERE FOR CONSIDERATION YOUR LETTER OF FEBRUARY 13, 1956, IN WHICH YOU REQUEST OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER FOR $470.07, THEREWITH TRANSMITTED, REPRESENTING EXPENSES FOR TRAVEL AND TRANSPORTATION OF AN EMPLOYEE'S DEPENDENTS, AND HOUSEHOLD EFFECTS INCIDENT TO AN OFFICIAL CHANGE OF HEADQUARTERS.

BY TRAVEL ORDER DATED JULY 27, 1953, THE EMPLOYEE'S HEADQUARTERS WAS CHANGED FROM SAN FRANCISCO TO LOS ANGELES, CALIFORNIA, AND THAT ORDER AUTHORIZED TRANSPORTATION AT GOVERNMENT EXPENSE OF HIMSELF, THREE DEPENDENTS, AND HOUSEHOLD EFFECTS FROM THE TWO NAMED POINTS. THE EMPLOYEE ARRIVED AT HIS NEW STATION ON JULY 27, 1953, AND THE EXPENSES OF HIS OWN TRAVEL INCIDENT TO THE CHANGE OF HEADQUARTERS WERE PAID. ON DECEMBER 16, 1955, MORE THAN TWO YEARS LATER, HIS DEPENDENTS AND HOUSEHOLD EFFECTS WERE MOVED TO LOS ANGELES. HE SAYS THAT IT WAS NOT POSSIBLE TO MOVE HIS FAMILY AND HOUSEHOLD EFFECTS WITHIN THE TWO-YEAR PERIOD OF THE TRAVEL AUTHORIZATION BECAUSE OF THE SERIOUS ILLNESS AND SUBSEQUENT DEATH OF A MEMBER OF HIS FAMILY, AND RESULTING DELAYS ARISING FROM SETTLEMENT OF ESTATE PROBLEMS AND SALE OF REAL PROPERTY. THOSE CONDITIONS HAVE BEEN ADMINISTRATIVELY DETERMINED TO BE CORRECT.

SECTION 5 OF EXECUTIVE ORDER NO. 9805 PROVIDES, IN PERTINENT PART:

"SEC. 5. TIME LIMIT. ALL TRAVEL AND TRANSPORTATION ALLOWABLE UNDER THESE REGULATIONS SHALL BEGIN WITHIN TWO YEARS FROM THE EFFECTIVE DATE OF THE TRANSFER OF THE EMPLOYEE * * *.'

IN COMPUTING THE TWO-YEAR PERIOD IN WHICH "TRANSPORTATION * * * SHALL BEGIN" IT IS PROPER TO COMPUTE THE BEGINNING OF THE TIME FROM THE TIME THE COMMON CARRIER RECEIVES THE GOODS WITH AN ORDER TO FORWARD THEM TO A PARTICULAR DESTINATION. THE "EFFECTIVE DATE OF THE TRANSFER" IS THE DATE THE EMPLOYEE ENTERS UPON DUTY AT THE NEW OFFICIAL STATION. SEE 29 COMP. GEN. 100. IT IS CLEAR FROM THE REPORTED FACTS THAT THE TRANSPORTATION OF THE EMPLOYEE'S DEPENDENTS AND HOUSEHOLD GOODS WAS NOT EFFECTED WITHIN THE TIME PRESCRIBED BY THE REGULATIONS JUST QUOTED WHICH HAS THE FORCE AND EFFECT OF LAW. THAT REGULATION PROVIDES FOR NO EXCEPTION AND OUR OFFICE HAS NO AUTHORITY TO WAIVE ANY OF THE REQUIREMENTS IMPOSED BY IT. ACCORDINGLY, SINCE THE TRAVEL AND TRANSPORTATION BEGAN MORE THAN TWO YEARS AFTER THE EMPLOYEE ENTERED UPON DUTY AT HIS NEW OFFICIAL STATION, NO AUTHORITY EXISTS FOR THE MOVEMENT OF THE EMPLOYEE'S DEPENDENTS AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE.

HENCE, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.