B-158590, MAR. 4, 1966
Highlights
YOUR CLAIM WAS DISALLOWED BECAUSE THE TRAVEL AND TRANSPORTATION INVOLVED HAD NOT BEGUN WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF YOUR TRANSFER OF OFFICIAL STATION. THE INFORMATION SUBMITTED WITH YOUR LETTER OF JANUARY 12 WAS FULLY CONSIDERED AT THE TIME OF THE ISSUANCE OF OUR SETTLEMENT OF DECEMBER 14. WHILE YOU SAY THE MOVE WAS STARTED ON MARCH 2. PROVIDES IN PERTINENT PART THAT: "ALL TRAVEL AND TRANSPORTATION ALLOWABLE UNDER THESE REGULATIONS SHALL BEGIN WITHIN TWO YEARS FROM THE EFFECTIVE DATE OF THE TRANSFER * * * OF THE EMPLOYEE * * *" THAT REGULATION IS STATUTORY IN NATURE AND MUST BE ACCORDED THE FORCE AND EFFECT OF LAW.
B-158590, MAR. 4, 1966
TO MRS. GWENDOLYN E. OHLS:
THIS REFERS TO YOUR LETTER OF JANUARY 12, 1963 (1966), REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF DECEMBER 14, 1965, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE TRANSPORTATION EXPENSES OF YOUR IMMEDIATE FAMILY AND THE COST OF THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS INCIDENT TO A PERMANENT CHANGE OF STATION AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.
YOUR CLAIM WAS DISALLOWED BECAUSE THE TRAVEL AND TRANSPORTATION INVOLVED HAD NOT BEGUN WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF YOUR TRANSFER OF OFFICIAL STATION. THE INFORMATION SUBMITTED WITH YOUR LETTER OF JANUARY 12 WAS FULLY CONSIDERED AT THE TIME OF THE ISSUANCE OF OUR SETTLEMENT OF DECEMBER 14. WHILE YOU SAY THE MOVE WAS STARTED ON MARCH 2, 1965, THE INFORMATION SUBMITTED SHOWS THAT THE TRAVEL AND TRANSPORTATION DID NOT COMMENCE UNTIL JULY 1965, OR MORE THAN TWO YEARS AFTER THE EFFECTIVE DATE OF YOUR TRANSFER, JUNE 17, 1963.
SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 73B-1 AUTHORIZES, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, THE TRAVEL OF THE IMMEDIATE FAMILY AND TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE FOR CIVILIAN OFFICERS OR EMPLOYEES TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER. SECTION 1.6 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 ISSUED PURSUANT TO THAT ACT, AND APPLICABLE HERE, PROVIDES IN PERTINENT PART THAT:
"ALL TRAVEL AND TRANSPORTATION ALLOWABLE UNDER THESE REGULATIONS SHALL BEGIN WITHIN TWO YEARS FROM THE EFFECTIVE DATE OF THE TRANSFER * * * OF THE EMPLOYEE * * *"
THAT REGULATION IS STATUTORY IN NATURE AND MUST BE ACCORDED THE FORCE AND EFFECT OF LAW. REGARDLESS OF HOW MERITORIOUS A CLAIM MAY BE OUR OFFICE HAS NO AUTHORITY TO WAIVE THE MANDATORY PROVISIONS OF THE REGULATION. THEREFORE, SINCE THE TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS AND TRAVEL OF YOUR IMMEDIATE FAMILY OCCURRED MORE THAN TWO YEARS AFTER YOU ENTERED UPON DUTY AT YOUR NEW POST, NO LEGAL BASIS EXISTS UPON WHICH PAYMENT MAY BE MADE.