B-147823, JAN. 16, 1962

B-147823, JAN. 16, 1962

TO MR. JACK J. CORTESE:

YOUR LETTER, RECEIVED HERE DECEMBER 12, 1961, REQUESTS RECONSIDERATION OF OUR OFFICE SETTLEMENT OF DECEMBER 1, 1961, WHICH DISALLOWED YOUR CLAIM FOR $188 REPRESENTING THE AMOUNT EXPENDED BY YOU IN THE SHIPMENT OF HOUSEHOLD EFFECTS AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY. DISAPPROVAL WAS FOR THE REASON THAT SHIPMENT WAS NOT MADE WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF YOUR TRANSFER OF OFFICIAL STATION. YOU SUGGEST THAT THE RESTRICTION IMPOSED IN SUCH CASES IS NOT APPLICABLE TO YOUR CLAIM, URGING AS EXTENUATING CIRCUMSTANCES THE ILLNESS OF SEVERAL MEMBERS OF YOUR FAMILY WHICH RENDERED IT IMPRACTICABLE FOR YOU TO MOVE TIMELY.

THE RECORD SHOWS THAT EFFECTIVE MARCH 11, 1959, YOUR OFFICIAL STATION WAS TRANSFERRED FROM BROOKLYN, NEW YORK, TO WYANDANCH, LONG ISLAND, NEW YORK, AND THAT YOU SHIPPED YOUR HOUSEHOLD EFFECTS ON JULY 5, 1961.

SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 73B-1, PROVIDES FOR REIMBURSING AN EMPLOYEE UPON A COMMUTED BASIS FOR THE EXPENSES INCURRED IN THE TRANSPORTATION OF HOUSEHOLD EFFECTS UPON CHANGE OF STATION WITHIN THE CONTINENTAL UNITED STATES PURSUANT TO REGULATIONS PRESCRIBED BY THE PRESIDENT. SECTION 5 OF EXECUTIVE ORDER NO. 9805, ISSUED PURSUANT TO THAT ACT, PROVIDES, WITH CERTAIN EXCEPTIONS NOT HEREIN APPLICABLE, THAT:

"ALL TRAVEL AND TRANSPORTATION ALLOWABLE UNDER THESE REGULATIONS SHALL BEGIN WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THE TRANSFER OF THE EMPLOYEE * * *.'

THUS, BY ITS VERY TERMS THE EXECUTIVE ORDER PRECLUDES CONSIDERATION OF TRANSPORTATION NOT OCCURRING WITHIN TWO YEARS OF THE DATE OF TRANSFER, AND WE ARE WITHOUT AUTHORITY TO WAIVE THAT REQUIREMENT.

THE LAW AND REGULATIONS PROMULGATED THEREUNDER CONSTITUTE THE ONLY AUTHORITY FOR REIMBURSING EMPLOYEES THE EXPENSES INCURRED IN THE TRANSPORTATION OF HOUSEHOLD EFFECTS UPON THE CHANGE OF STATION. THE SHIPMENT OF YOUR EFFECTS DID NOT BEGIN WITHIN THE PRESCRIBED PERIOD AND OUR OFFICE IS, THEREFORE, WITHOUT AUTHORITY TO ALLOW YOUR CLAIM. CONSEQUENTLY, OUR OFFICE SETTLEMENT OF DECEMBER 1, 1961, DISALLOWING YOUR CLAIM MUST BE AND IS HEREBY SUSTAINED.

YOU SUGGEST YOUR CLAIM BE REFERRED TO THE EXECUTIVE BRANCH OF THE UNITED STATES GOVERNMENT IF THE CLAIMS DIVISION CANNOT RECONSIDER YOUR CASE. YOU MAY BE INFORMED THAT UNDER THE LAW THE DECISIONS OF OUR OFFICE ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT. 31 U.S.C. 44, AND 74 (1ST PARAGRAPH). THERE IS NO PROCEDURE PRESCRIBED FOR APPEALING FROM SUCH DECISIONS, BUT WE DIRECT YOUR ATTENTION TO THE PROVISIONS OF SECTIONS 1346 AND 1491 OF TITLE 28 OF THE U.S.C. CONCERNING MATTERS COGNIZABLE IN THE DISTRICT COURTS OF THE UNITED STATES AND THE UNITED STATES COURT OF CLAIMS.

PURSUANT TO YOUR REQUEST, WE ARE RETURNING CONSIGNEE'S COPY OF THE BILL OF LADING FOR MOVEMENT OF YOUR HOUSEHOLD GOODS FROM 9720 AVENUE N, BROOKLYN 36, NEW YORK, TO 384 LONG ISLAND AVENUE, WYANDANCH, LONG ISLAND, NEW YORK, WHICH ACCOMPANIED YOUR LETTER OF JULY 20, 1961, TOGETHER WITH COPIES OF OTHER PERTINENT PAPERS.