B-149802, OCT. 1, 1962

B-149802, OCT. 1, 1962

TO MR. R. A. ARMSTRONG, AUTHORIZED CERTIFYING OFFICER, VETERANS ADMINISTRATION HOSPITAL:

YOUR LETTER OF AUGUST 21, 1962, FILE 5060/132, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE ENCLOSED VOUCHER FOR $409.50 IN FAVOR OF MISS F. MARGRETTS APKER, REPRESENTING REIMBURSEMENT FOR HER FOR 7,000 POUNDS OF HER HOUSEHOLD EFFECTS WHICH WERE A PART OF THE 9,560 POUNDS ACTUALLY SHIPPED ON AUGUST 10, 1962, INCIDENT TO THE TRANSFER OF HER OFFICIAL STATION FROM SALEM, VIRGINIA, TO OTEEN, NORTH CAROLINA, UNDER TRAVEL AUTHORIZATION NO. 5060-84 DATED APRIL 4, 1962.

YOU SAY THAT MISS APKER MAINTAINS A HOME FOR HERSELF AND HER DEPENDENT FATHER AND THAT SHE QUALIFIES UNDER EXECUTIVE ORDER NO. 9805 AND PERTINENT VETERANS ADMINISTRATION REGULATIONS FOR SHIPMENT OF A MAXIMUM ALLOWANCE OF 7,000 POUNDS OF HOUSEHOLD GOODS. WE NOTE THAT MR. APKER IS SPECIFICALLY NAMED IN ITEM 110 OF THE TRAVEL AUTHORIZATION AS A DEPENDENT MEMBER OF HER IMMEDIATE FAMILY. ALSO WE NOTE THAT EXECUTIVE ORDER NO. 9805, AS AMENDED, WAS SUPERSEDED BY BUREAU OF THE BUDGET CIRCULAR NO. A-56, DATED APRIL 30, 1962, AND GENERAL SERVICES ADMINISTRATION CIRCULAR NO. 263, DATED MAY 1, 1962,BOTH EFFECTIVE JUNE 1, 1962.

THE RECEIPTED BILL OF THE VAN LINE SHOWS THAT MISS APKER'S HOUSEHOLD GOODS WERE TRANSPORTED A DISTANCE OF 235 MILES, FROM SALEM TO ASHEVILLE, NORTH CAROLINA, WHICH FOR PURPOSES OF SECTION 1.9 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 (FORMER SECTION 8 OF EXECUTIVE ORDER NO. 9805) APPARENTLY IS THE POINT FROM WHICH SHE COMMUTES DAILY TO HER OFFICIAL POST OF DUTY AT OTEEN.

YOUR QUESTION CONCERNS ITEM 11A OF THE TRAVEL AUTHORIZATION WHICH, WHILE EXPRESSLY STATING "YOU ARE AUTHORIZED TO SHIP HOUSEHOLD GOODS AND PERSONAL EFFECTS WITHIN THE PRESCRIBED WEIGHT ALLOWANCE DEFINED IN EXISTING REGULATIONS," ALSO STATES "WEIGHT AUTHORIZED 5,000 LBS.' ACCOMPANYING THE VOUCHER IS A STATEMENT DATED AUGUST 14, 1962, BY THE OFFICIAL WHO AUTHORIZED THE TRANSFER, AS FOLLOWS:

"1. IT WAS MY INTENT ON TRAVEL AUTHORIZATION NO. 5060-84, DATED APRIL 4, 1962 TO AUTHORIZE SHIPMENT OF A MAXIMUM OF 7,000 POUNDS OF MISS F. MARGRETT (SIC) APKER'S HOUSEHOLD GOODS. THE 5,000 POUND FIGURE WAS INADVERTENTLY USED AS AN ESTIMATE.

"2. IT IS REQUESTED THAT PAYMENT BE MADE FOR 7,000 POUNDS BECAUSE IT WAS MY INTENT TO AUTHORIZE SHIPMENT OF MAXIMUM ALLOWANCE AND FAILURE TO DO SO WAS DUE ENTIRELY TO ADMINISTRATIVE ERROR.'

GENERALLY, WHEN AN EMPLOYEE HAS COMPETENT ORDERS IN WRITING FOR TRANSFER OF STATION, THEY MAY NOT BE REVOKED OR MODIFIED RETROACTIVELY TO ALTER THE GOVERNMENT'S LIABILITY OR TO INCREASE OR DECREASE THE EMPLOYEE'S RIGHTS WHICH HAVE BECOME FIXED THEREUNDER, EXCEPT WHERE ERROR IS APPARENT ON THE FACE OF THE ORIGINAL ORDERS OR WHERE SUCH ORDERS ARE PATENTLY AMBIGUOUS OR VAGUE AND UNCERTAIN, OR WHERE A PROVISION ORIGINALLY INTENDED FOR INCLUSION IS THROUGH ERROR OR INADVERTENCE OMITTED. SEE 23 COMP. GEN. 713, 716; 28 ID. 732; 33 ID. 174. IN LINE WITH THE STATED RULE, WE MAY REGARD THE AUTHORIZING OFFICIAL'S STATEMENT OF AUGUST 14, 1962, AS A CLARIFICATION OF ITEM 11A AND A PROPER SHOWING OF THE INTENT OF THE ORIGINAL ORDERS. THEREFORE, THE ENCLOSED VOUCHER MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.