B-154116, MAY 25, 1964

B-154116, MAY 25, 1964

TO MR. LYLE T. WOLF:

YOUR LETTER OF APRIL 25, 1964, REQUESTS OUR REVIEW OF THE SETTLEMENT OF OUR CLAIMS DIVISION DATED APRIL 20, 1964, IN WHICH YOUR CLAIM FOR $184, WAS DISALLOWED. THE CLAIM WAS FOR REIMBURSEMENT OF THE COST OF THE SHIPMENT OF YOUR PRIVATELY-OWNED VEHICLE FROM LONDON, ENGLAND, TO LOS ANGELES, CALIFORNIA, IN AUGUST 1963.

THE PAPERS WE HAVE RECEIVED IN CONNECTION WITH YOUR CLAIM SHOW THAT YOU SERVED AS A TEACHER WITH THE DEPARTMENT OF THE AIR FORCE IN NEWFOUNDLAND DURING THE SCHOOL YEAR 1961-62. THE FOLLOWING YEAR YOU SERVED AS A TEACHER, AGAIN FOR THE DEPARTMENT OF THE AIR FORCE, IN ENGLAND AND AT THE END OF THIS SCHOOL YEAR YOU RETURNED TO THE UNITED STATES. TRANSPORTATION OF YOUR PRIVATELY-OWNED VEHICLE TO ENGLAND IN AUGUST 1962 WAS PAID FOR BY THE UNITED STATES BUT PAYMENT FOR THE RETURN OF YOUR AUTOMOBILE IN 1963 WAS DENIED AND THE $184 COST WAS PAID BY YOU. IN YOUR LETTER OF APRIL 25, YOU CONTEND THAT THE YEAR YOU SPENT TEACHING IN NEWFOUNDLAND SHOULD BE COUNTED TOWARD THE 2-YEAR PERIOD REQUIRED TO BE SERVED BEFORE THE COST OF TRANSPORTING A PRIVATELY-OWNED VEHICLE ON RETURN TO THE UNITED STATES WILL BE PAID BY THE GOVERNMENT.

THE AUTHORITY FOR TRANSPORTATION OF THE PRIVATELY-OWNED AUTOMOBILES OF GOVERNMENT EMPLOYEES TO AND FROM THEIR OVERSEAS DUTY STATIONS IS CONTAINED IN SECTION 1 (F) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS ADDED BY SECTION 321 OF THE OVERSEAS DIFFERENTIALS AND ALLOWANCES ACT, APPROVED SEPTEMBER 6, 1960, PUB.L. 86-707, 74 STAT. 797, 5 U.S.C. 73B-1. UNDER THAT PROVISION A CIVILIAN EMPLOYEE IS AUTHORIZED TO HAVE HIS PRIVATELY- OWNED VEHICLE TRANSPORTED AT GOVERNMENT EXPENSE ONLY IN ACCORDANCE WITH THE REGULATIONS PRESCRIBED BY THE PRESIDENT AND UPON THE DETERMINATION OF THE HEAD OF THE DEPARTMENT CONCERNED THAT IT IS IN THE INTEREST OF THE GOVERNMENT THAT THE EMPLOYEE HAVE THE USE OF HIS VEHICLE AT HIS OVERSEAS STATION. THE PRESIDENT'S REGULATIONS UNDER THAT PROVISION ARE CONTAINED IN SECTION 8 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56. IN DETERMINING IF TRANSPORTATION OF AN EMPLOYEE'S VEHICLE IS "IN THE INTEREST OF THE GOVERNMENT" ONE OF THE CONDITIONS IMPOSED BY THAT CIRCULAR IS THAT THE TRANSPORTATION WILL "NOT CAUSE EXCESSIVE EXPENDITURE OF FUNDS BY THE GOVERNMENT, CONSIDERING THE COST OF TRANSPORTATION OF THE MOTOR VEHICLE IN RELATION TO THE LENGTH OF TIME THE EMPLOYEE WOULD BE EXPECTED TO SERVE AT THE POST OF DUTY OR SIMILAR POSTS OF DUTY.' THE SECRETARY OF THE AIR FORCE DELEGATED HIS RESPONSIBILITY IN THAT REGARD TO THE COMMANDERS OF MAJOR AIR COMMANDS OVERSEAS BY PARAGRAPH 5804 (B) (1) OF AIR FORCE MANUAL 75-4 (1961 ED.). IN EXERCISING THE RESPONSIBILITY SO DELEGATED THE COMMANDER OF THE UNITED STATES AIR FORCES IN EUROPE IN HIS SUPPLEMENT 1 TO AIR FORCE MANUAL 75-4 PROVIDED THAT THE RETURN SHIPMENT OF AN EMPLOYEE'S (TEACHER-S) VEHICLE WOULD NOT BE ALLOWED UNLESS THE EMPLOYEE HAD SERVED IN THE "USAFE AREA" FOR AT LEAST 2 SCHOOL YEARS. THAT RESTRICTION UPON THE RETURN OF PRIVATELY-OWNED VEHICLES AT GOVERNMENT EXPENSE APPEARS TO HAVE BEEN VALID AND WAS IN FORCE AT THE TIME YOU RETURNED YOUR VEHICLE TO THE UNITED STATES FROM LONDON, ENGLAND. THEREFORE, PAYMENT OF THE COST OF THAT TRANSPORTATION BY THE GOVERNMENT IS NOT AUTHORIZED.

IT IS UNFORTUNATE THAT YOU WERE NOT INFORMED OF THE RESTRICTION AGAINST THE RETURN OF YOUR PRIVATELY-OWNED VEHICLE TO THE UNITED STATES AT GOVERNMENT EXPENSE BEFORE YOU HAD IT TRANSPORTED TO ENGLAND AT GOVERNMENT EXPENSE, HOWEVER, THE FACT THAT YOU WERE NOT SO INFORMED MAY NOT BE USED AS A BASIS FOR RELIEVING YOU FROM THE RESTRICTION.

THEREFORE, OUR CLAIMS DIVISION SETTLEMENT OF APRIL 20, 1964, MUST BE SUSTAINED AND YOUR CLAIM DENIED.