B-136399, SEP 19, 1958

B-136399, SEP 19, 1958

PRECIS-UNAVAILABLE

MISS MARION J. BUTTERFIELD:

YOUR LETTER OF AUGUST 22, 1958, REQUESTS THAT WE RECONSIDER THE ACTION TAKEN IN GENERAL ACCOUNTING OFFICE SETTLEMENT OF AUGUST 12, 1958, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF $743.76 REPRESENTING EXPENSES INCURRED BY YOU INCIDENT TO TRAVEL FROM TOKYO, JAPAN, TO STUTTGART, GERMANY, DURING THE PERIOD DECEMBER 3, 1954, TO FEBRUARY 15, 1955, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY. THE RECORD SHOWS THAT YOU RECEIVED AN APPOINTMENT AS A CLERK STENOGRAPHER WITH THE FAR EAST COMMAND GHQ HEADQUARTERS AND SERVICE GROUP, JUDGE ADVOCATE SECTION, TOKYO, JAPAN, EFFECTIVE OCTOBER 26, 1948. DUE TO A REDUCTION IN FORCE YOU WERE AUTHORIZED BY LETTER ORDER 9-173, DATED SEPTEMBER 27, 1954, TO RETURN FROM YOKOHAMA, JAPAN, TO MILWAUKEE, WISCONSIN, BY INDIRECT ROUTE VIA THE FAR EAST AND EUROPE, BY COMMERCIAL MEANS AT NO EXPENSE TO THE GOVERNMENT. IS ADMINISTRATIVELY REPORTED THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR YOUR TRANSPORTATION FROM TOKYO TO THE UNITED STATES; HOWEVER, YOU ELECTED TO RETURN VIA CIRCUITOUS ROUTE AT NO EXPENSE TO THE GOVERNMENT. YOU DID NOT COMPLETE YOUR TRAVEL TO THE UNITED STATES, BUT ACCEPTED EMPLOYMENT IN STUTTGART, GERMANY, WITH THE DEPARTMENT OF THE AIR FORCE WHILE IN A LEAVE STATUS. YOU WERE RETURNED TO THE UNITED STATES AT GOVERNMENT EXPENSE BY THAT DEPARTMENT TO MILWAUKEE, YOUR POINT OF HIRE, FOR TERMINATION, UNDER TRAVEL ORDERS DATED AUGUST 28, 1956.

SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, AND SECTION 4 OF EXECUTIVE ORDER NO. 9805, AS AMENDED, PROVIDE FOR THE TRANSFER OF EMPLOYEES AT GOVERNMENT EXPENSE WHEN AUTHORIZED OR APPROVED BY SUCH SUBORDINATE OFFICIAL OR OFFICIALS AS THE HEAD OF THE DEPARTMENT CONCERNED MAY DESIGNATE. THE PAYMENT OF TRANSPORTATION EXPENSES UPON A TRANSFER OF STATION IS NOT AN ABSOLUTE RIGHT. ADMINISTRATIVE AUTHORIZATION OR APPROVAL IS A NECESSARY CONDITION TO THE GOVERNMENT ASSUMING THE TRANSPORTATION OF A TRANSFERRED EMPLOYEE. NO SUCH AUTHORIZATION OR APPROVAL IS OF RECORD HERE IN YOUR CASE. IN FACT, THE ADMINISTRATIVE OFFICE SAYS "PAYMENT OF EMPLOYEE'S CLAIM FOR TRAVEL FROM TOKYO, JAPAN TO STUTTGART, GERMANY IS NOT RECOMMENDED." ADDITIONALLY, THE TRAVEL ORDERS ISSUED TO YOU, AS ABOVE INDICATED, CONTAIN NO PROVISION FOR ALLOWANCE OF COST OF TRAVEL OTHER THAN IN THE UNITED STATES. THE TRAVEL TO YOUR RESIDENCE IN THE UNITED STATES WAS NOT PERFORMED UNTIL SUBSEQUENT TO PERFORMANCE OF DUTY IN EUROPE WITH THE AIR FORCE. PAYMENT HAS BEEN MADE BY THE AIR FORCE FOR YOUR RETURN TRAVEL. IN SUPPORT OF YOUR CLAIM YOU CITE B-122064 DATED DECEMBER 30, 1954, 34 COMP. GEN. 313. THAT DECISION IS NOT APPLICABLE TO YOUR CASE AS THE TRAVEL THERE SUBSEQUENTLY WAS APPROVED BY THE PROPER ADMINISTRATIVE OFFICIAL. IN YOUR CASE THERE HAS BEEN NO AUTHORIZATION OR APPROVAL OF THE TRAVEL. ON THE CONTRARY, THE LETTER ORDER AUTHORIZING YOU TO TRAVEL BY INDIRECT ROUTE TO YOUR PLACE OF HIRE IN THE UNITED STATES SPECIFICALLY STATES THAT "TRAVEL WILL BE BY COMMERCIAL MEANS AT NO EXPENSE TO THE GOVT."

THE FACT THAT YOU HAVE BEEN ALLOWED TO DEDUCT THE SUM OF $743.76 AS A PROPER TRAVEL EXPENSE FROM YOUR INCOME TAX RETURN FOR THE TAXABLE YEAR 1954 WOULD NOT IN ITSELF BE GROUNDS FOR ALLOWANCE.

THEREFORE, UPON THE PRESENT RECORD, OFFICE SETTLEMENT OF AUGUST 12, 1958, IS SUSTAINED.