B-129830, NOV. 30, 1956

B-129830, NOV. 30, 1956

TO MR. F. O. STARR, AUTHORIZED CERTIFYING OFFICER, FEDERAL CIVIL DEFENSE ADMINISTRATION:

ON NOVEMBER 15, 1956, MR. DONALD A. THOMPSON REQUESTED IN YOUR BEHALF A DECISION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT A SUPPLEMENTAL VOUCHER IN THE AMOUNT OF $124.28 IN FAVOR OF DR. C. D. HEAD, JR., A COMMISSIONED OFFICER (DIRECTOR GRADE) OF THE PUBLIC HEALTH SERVICE "ON ASSIGNMENT" TO A REGIONAL OFFICE OF THE FEDERAL CIVIL DEFENSE ADMINISTRATION. MR. THOMPSON'S LETTER STATES AS FOLLOWS:

"IT APPEARS THAT DR. HEAD, BEING A COMMISSIONED OFFICER IN THE PUBLIC HEALTH SERVICE IN THE DIRECTORSHIP GRADE, SHOULD HAVE BEEN ISSUED A TRAVEL AUTHORIZATION UNDER JOINT TRAVEL REGULATIONS RATHER THAN UNDER SGTR WHICH WOULD HAVE ALLOWED HIM 11,000 POUNDS OF HOUSEHOLD EFFECTS RATHER THAN THE 7,000 POUNDS ALLOWED UNDER SGTR.

"INASMUCH AS THIS AGENCY, THROUGH AN ADMINISTRATIVE ERROR, ISSUED TRAVEL ORDERS UNDER THE INCORRECT TRAVEL REGULATIONS, PERMISSION IS REQUESTED TO PAY DR. HEAD'S SUPPLEMENTAL VOUCHER FOR THE MOVEMENT OF HIS HOUSEHOLD EFFECTS FROM DALLAS TO DENTON, TEXAS, PERMISSION IS ALSO REQUESTED TO PAY THE SUPPLEMENTAL VOUCHER FROM LAPSED APPROPRIATION SYMBOL 3940100 OPERATIONS, FCDA, 1954.'

AS A COMMISSIONED OFFICER IN THE PUBLIC HEALTH SERVICE, DR. HEAD'S RIGHTS INCIDENT TO THE TRANSPORTATION OF HIS HOUSEHOLD EFFECTS UPON A PERMANENT CHANGE OF STATION SHOULD BE DETERMINED IN ACCORDANCE WITH THE JOINT TRAVEL REGULATIONS PROMULGATED BY THE SECRETARIES OF THE UNIFORMED SERVICES PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AS AMENDED BY THE CAREER INCENTIVE ACT OF 1955, 69 STAT. 21. PARAGRAPH 6500 OF THE JOINT TRAVEL REGULATIONS EXPRESSLY PROVIDES THAT A MEMBER OF THE UNIFORMED SERVICES ON LOAN, ASSIGNMENT, OR DETAIL TO ANOTHER DEPARTMENT OR AGENCY SHALL BE ENTITLED TO THE TRAVEL, TRANSPORTATION, AND STATION PER DIEM ALLOWANCES PRESCRIBED IN THE JOINT TRAVEL REGULATIONS UNLESS OTHERWISE PROVIDED BY LAW. PARAGRAPH 8001 OF THOSE REGULATIONS PROVIDES THAT AN OFFICER IN THE GRADE OF DIRECTOR IS ENTITLED UPON A PERMANENT CHANGE OF STATION TO A WEIGHT ALLOWANCE OF 11,000 POUNDS.

SINCE, THROUGH ERROR, DR. HEAD WAS ISSUED A TRAVEL AUTHORIZATION UNDER THE CIVILIAN TRAVEL AND TRANSPORTATION REGULATIONS RATHER THAN UNDER THE JOINT TRAVEL REGULATIONS AND REIMBURSEMENT WAS LIMITED TO THE APPLICABLE COMMUTED RATE ON A MAXIMUM OF 7,000 POUNDS, IT IS OUR VIEW THAT, IF OTHERWISE PROPER, HE NOW SHOULD BE REIMBURSED THE DIFFERENCE BETWEEN THE AMOUNT RECEIVED, COMPUTED UPON THE 7,000 POUND WEIGHT LIMIT, AND THAT WHICH HE WOULD HAVE RECEIVED HAD REIMBURSEMENT OF ACTUAL EXPENSES BEEN ALLOWED ON THE BASIS OF THE 10,350 POUNDS SHIPPED. RELATIVE THERETO, WE NOTE THE CLAIMANT HAS ERRONEOUSLY PREDICATED HIS SUPPLEMENTAL CLAIM UPON A COMMUTED RATE BASIS.

WHILE IT IS NOT EXPRESSLY STATED IN MR. THOMPSON'S LETTER, WE UNDERSTAND THAT THE TRANSPORTATION IN QUESTION WAS PERFORMED DURING THE FISCAL YEAR 1954. IF SUCH BE THE CASE, THE ADDITIONAL PAYMENT PROPERLY MAY BE REGARDED AS AN OBLIGATION AGAINST THE APPLICABLE APPROPRIATION FOR THAT YEAR AND PAYMENT SHOULD BE MADE FROM THE APPROPRIATION ACCOUNT FOR LIQUIDATION OF CERTAIN PRIOR YEAR OBLIGATIONS ESTABLISHED UNDER SECTION 1 (A) OF THE ACT OF JULY 25, 1956, 70 STAT. 647.

THE VOUCHER, RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT AFTER CORRECTION TO REFLECT THE ..END :