B-159315, JUL. 21, 1966

B-159315, JUL. 21, 1966

TO MR. FRED S. GULLIKSEN:

WE HAVE RECEIVED VIA THE CENTRAL DISBURSING OFFICER, NAVY REGIONAL FINANCE CENTER, SAN DIEGO, CALIFORNIA, AND THE COMPTROLLER OF THE NAVY, YOUR CLAIM FOR $50.28, REPRESENTING THE COST OF TRANSPORTING YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR EMPLOYMENT WITH THE U.S. NAVAL COMMUNICATION STATION, SAN DIEGO, CALIFORNIA.

IT IS REPORTED THAT INCIDENT TO THE ESTABLISHMENT OF A NEW NAVAL COMMUNICATION CENTER AT ALBANY, GEORGIA, THERE WAS ISSUED TO YOU A TRANSFER TRAVEL AUTHORIZATION DATED OCTOBER 5, 1965, COVERING YOUR TRANSFER, TRANSPORTATION OF EFFECTS AND TRAVEL FOR YOURSELF AND YOUR DEPENDENTS TO ALBANY. THE COPY OF THE ORDER FURNISHED US DOES NOT SHOW AN EFFECTIVE DATE FOR THE TRANSFER, A DATE OR APPROXIMATE DATE FOR THE BEGINNING OF THE TRAVEL, NOR A DATE OR APPROXIMATE DATE FOR REPORTING AT THE NEW STATION. THE INDORSEMENT OF THE COMMANDER DATED MAY 18, 1966, INDICATES THAT ORIGINALLY IT WAS INTENDED THAT YOU REPORT AT THE NEW STATION ON NOVEMBER 22, 1965. THE ORDER WAS CANCELED, HOWEVER, AND NO TRAVEL WAS PERFORMED THEREUNDER.

IN ANTICIPATION OF THE TRANSFER YOU SOLD YOUR HOME AND AGREED TO GIVE POSSESSION THEREOF TO THE PURCHASER BY NOVEMBER 1, 1965. THE ONLY INFORMATION FURNISHED WITH RESPECT THERETO IS THE STATEMENT IN THE AGENCY'S REPORT THAT AFTER YOU SOLD THE HOME AND PRIOR TO NOVEMBER 1 YOU WERE OFFICIALLY ADVISED THAT THE ORDER WAS BEING CANCELED AND WOULD BE REISSUED AT A LATER DATE SINCE THE PLANT AND OTHER OPERATIONAL FACILITIES HAD BEEN DELAYED. UNDER THE CIRCUMSTANCES YOU INCURRED EXPENSES IN THE AMOUNT OF $50.28 FOR MOVING YOUR EFFECTS TO A TEMPORARY HOME IN SAN DIEGO PENDING A NEW TRANSFER ORDER WHICH APPARENTLY HAS NOT YET BEEN ISSUED.

SINCE THE ORDER WAS CANCELED PRIOR TO THE BEGINNING OF ANY TRAVEL OR SHIPMENT OF EFFECTS THEREUNDER THE AGENCY CORRECTLY INFORMED YOU THAT THERE IS NO LEGAL BASIS UPON WHICH REIMBURSEMENT MAY BE MADE TO YOU. HOWEVER, THE CLAIM WAS TRANSMITTED HERE FOR POSSIBLE PROCESSING "UNDER THE TERMS OF EITHER SECTION 109 OF PUBLIC LAW 85-162, 71 STAT. 407, OR UNDER THE ACT OF APRIL 10, 1928, 45 STAT. 413.'

THE CITED SECTION OF PUB.L. 85-162 RELATES PRIMARILY TO EXPENSES FOR TRAVEL, ETC., IN RELOCATING EMPLOYEES OF OR EMPLOYEES ASSIGNED TO FULL TIME DUTIES AT THE HEADQUARTERS OF THE ATOMIC ENERGY COMMISSION. IT IS NOT VIEWED AS APPLICABLE HERE. FURTHER, WHILE WE FULLY APPRECIATE YOUR FEELINGS CONCERNING THE LOSS YOU SUSTAINED, UNDER THE STATED CIRCUMSTANCES WE DO NOT VIEW YOUR CLAIM AS ONE WHICH WARRANTS A SPECIAL REPORT TO THE CONGRESS UNDER THE CITED STATUTE.