B-151699, JUN. 26, 1963
Highlights
THE RECORD SHOWS THAT WHILE YOU WERE EMPLOYED AT YOUR OFFICIAL DUTY STATION YOU REQUESTED THE INTERNAL REVENUE SERVICE ON VARIOUS OCCASIONS TO EFFECT YOUR TRANSFER TO TOPEKA. TRANSFER ACTION WAS EVER MADE BY THE ADMINISTRATIVE OFFICE. YOU SAY THAT WHEN YOU WERE IN TOPEKA YOU VISITED THE INTERNAL REVENUE SERVICE OFFICE THERE AND SAW A NOTICE ANNOUNCING AN OPENING FOR A POSITION OF REVENUE AGENT AT THAT LOCATION. AUTHORIZING THE PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES TO EMPLOYEES TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER PROVIDES IN PART AS FOLLOWS: "* * * THAT NO PART OF SUCH EXPENSES * * * SHALL BE ALLOWED OR PAID FROM GOVERNMENT FUNDS WHERE THE TRANSFER IS MADE PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE OFFICER OR EMPLOYEE OR AT HIS REQUEST: " BECAUSE IT WAS CONSIDERED BY THE ADMINISTRATIVE OFFICE THAT YOUR TRANSFER WAS FOR PERSONAL REASONS.
B-151699, JUN. 26, 1963
TO MR. JAMES M. BURRELL:
YOUR LETTER OF MAY 21, 1963, REQUESTS REVIEW OF OUR SETTLEMENT OF MAY 1, 1963, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL EXPENSES AND TRANSPORTATION OF HOUSEHOLD EFFECTS FROM LOS ANGELES, CALIFORNIA, TO TOPEKA, KANSAS, AS AN EMPLOYEE OF THE INTERNAL REVENUE SERVICE ON OCTOBER 30, 1961.
THE RECORD SHOWS THAT WHILE YOU WERE EMPLOYED AT YOUR OFFICIAL DUTY STATION YOU REQUESTED THE INTERNAL REVENUE SERVICE ON VARIOUS OCCASIONS TO EFFECT YOUR TRANSFER TO TOPEKA, WHICH YOU CONSIDER TO BE YOUR HOME. TRANSFER ACTION WAS EVER MADE BY THE ADMINISTRATIVE OFFICE. YOU SAY THAT WHEN YOU WERE IN TOPEKA YOU VISITED THE INTERNAL REVENUE SERVICE OFFICE THERE AND SAW A NOTICE ANNOUNCING AN OPENING FOR A POSITION OF REVENUE AGENT AT THAT LOCATION. YOU APPLIED AND QUALIFIED FOR THIS POSITION. YOU REPORTED FOR DUTY AT YOUR NEW POST OF DUTY ON OCTOBER 30, 1961.
SECTION 1 OF THE ACT OF AUGUST 2, 1946, AS AMENDED, 5 U.S.C. 73B-1, AUTHORIZING THE PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES TO EMPLOYEES TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER PROVIDES IN PART AS FOLLOWS:
"* * * THAT NO PART OF SUCH EXPENSES * * * SHALL BE ALLOWED OR PAID FROM GOVERNMENT FUNDS WHERE THE TRANSFER IS MADE PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE OFFICER OR EMPLOYEE OR AT HIS REQUEST: "
BECAUSE IT WAS CONSIDERED BY THE ADMINISTRATIVE OFFICE THAT YOUR TRANSFER WAS FOR PERSONAL REASONS, NO TRAVEL AUTHORIZATION WAS ISSUED FOR YOUR TRAVEL OR THE TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS. FURTHERMORE, YOU WERE SPECIFICALLY ADVISED THAT SINCE YOUR TRANSFER WAS FOR YOUR OWN CONVENIENCE NO TRAVEL OR TRANSPORTATION EXPENSES WOULD BE PAID BY THE GOVERNMENT.
YOUR CONTENTION IS THAT YOU WERE INVOLUNTARILY TRANSFERRED TO CALIFORNIA IN 1955, AND THAT YOUR EFFORTS TO RETURN TO TOPEKA, KANSAS, WERE IN ACCORDANCE WITH AN ADMINISTRATIVE PROMISE TO RETRANSFER EMPLOYEES TO THEIR FORMER POSTS OF DUTY WHEN VACANCIES OCCURRED AT SUCH LOCATIONS. HOWEVER, THE OFFICIALS OF THE BUREAU OF INTERNAL REVENUE APPARENTLY DO NOT AGREE THAT YOUR TRANSFER TO CALIFORNIA WAS INVOLUNTARY AND HAVE REFUSED TO AUTHORIZE TO APPROVE THE EXPENSES IN CONNECTION WITH YOUR RETRANSFER TO TOPEKA, KANSAS.
SINCE THE APPLICABLE LAW REQUIRES THAT EXPENSES OF TRANSFER OF OFFICIAL STATION BE AUTHORIZED OR APPROVED BY THE APPROPRIATE OFFICIALS BEFORE THE GOVERNMENT ASSUMES LIABILITY FOR SUCH EXPENSES, WE HAVE NO BASIS UPON WHICH YOUR CLAIM MAY BE FURTHER CONSIDERED AT THIS TIME. THEREFORE, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.