B-160928, MARCH 9, 1967, 46 COMP. GEN. 702
Highlights
THE EMPLOYEE INELIGIBLE UNDER EITHER SECTION MAY NOT BE REIMBURSED THE UNAUTHORIZED EXPENSE FROM AMOUNTS THAT ONLY POTENTIALLY MIGHT OTHERWISE HAVE BEEN PAYABLE TO HIM. REY'S TRANSFER FROM REGION 6 TO REGION 1 WAS AUTHORIZED BY STANDARD FORM 50. THE EXPENSES INCURRED FOR RENT AND UTILITIES ARE SHOWN AS $110.12. REY IS NOT ELIGIBLE FOR EITHER OF THE ABOVE ALLOWANCES AND WE FIND NO BASIS IN THE STATUTE OR REGULATIONS FOR REIMBURSING HIM FOR AN UNAUTHORIZED EXPENSE FROM AMOUNTS THAT ONLY POTENTIALLY MIGHT OTHERWISE HAVE BEEN PAYABLE TO HIM. THE VOUCHER TRANSMITTED WITH YOUR LETTER AND WHICH IS RETURNED HEREWITH MAY NOT PROPERLY BE CERTIFIED FOR PAYMENT.
B-160928, MARCH 9, 1967, 46 COMP. GEN. 702
OFFICERS AND EMPLOYEES - TRANSFERS - RELOCATION EXPENSES - HOUSE RENTAL, ETC., BY CORRESPONDENCE THE RENT AND UTILITIES EXPENSES INCURRED ON THE BASIS OF MISLEADING UNOFFICIAL INFORMATION FOR 1 MONTH PRIOR TO THE EFFECTIVE DATE OF AN ANTICIPATED TRANSFER TO A NEW DUTY STATION MAY NOT BE REIMBURSED TO AN EMPLOYEE UNDER THE ACT OF JULY 21, 1966, THE BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, WHICH IMPLEMENTS THE ACT, PRESCRIBING IN SECTION 2.4, REIMBURSEMENT OF TRANSPORTATION EXPENSES INCURRED IN AN ADVANCE HOUSE SEEKING TRIP, AND IN SECTION 2.5, PAYMENT OF A SUBSISTENCE EXPENSE WHILE OCCUPYING TEMPORARY QUARTERS, AND THE EMPLOYEE INELIGIBLE UNDER EITHER SECTION MAY NOT BE REIMBURSED THE UNAUTHORIZED EXPENSE FROM AMOUNTS THAT ONLY POTENTIALLY MIGHT OTHERWISE HAVE BEEN PAYABLE TO HIM.
TO NEDRA A. BLACKWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, MARCH 9, 1967:
YOUR LETTER OF FEBRUARY 13, 1967, REFERENCE 360, WITH ENCLOSED RECLAIM VOUCHER FROM SAMUEL S. REY FOR $110.12, COVERING RENT AND UTILITIES EXPENSES INCURRED FOR 1 MONTH PRIOR TO THE EFFECTIVE DATE OF HIS TRANSFER TO REGION 1 IN LIEU OF AN ADVANCED HOUSE HUNTING TRIP OR SUBSISTENCE EXPENSES AT TEMPORARY QUARTERS, ASKS OUR DECISION WHETHER THE VOUCHER PROPERLY MAY BE CERTIFIED FOR PAYMENT.
THE RECORD SHOWS THAT MR. REY'S TRANSFER FROM REGION 6 TO REGION 1 WAS AUTHORIZED BY STANDARD FORM 50, EXECUTED NOVEMBER 23, 1966, TO BE EFFECTIVE JANUARY 1, 1967. APPARENTLY, BASED ON UNOFFICIAL INFORMATION MR. REY EXPECTED THAT HIS TRANSFER WOULD BE EFFECTIVE DECEMBER 5, 1966, AND, THEREFORE, HE PROCEEDED BY CORRESPONDENCE TO RENT A HOUSE AT HIS ANTICIPATED NEW STATION FOR THE MONTH OF DECEMBER 1966. THE EXPENSES INCURRED FOR RENT AND UTILITIES ARE SHOWN AS $110.12. MR. REY REQUESTS REIMBURSEMENT OF THAT EXPENSE IN LIEU OF REIMBURSEMENT FOR A HOUSE SEEKING TRIP OR SUBSISTENCE EXPENSES AT TEMPORARY QUARTERS AS AUTHORIZED BY PUBLIC LAW 89-516, 80 STAT. 323, APPROVED JULY 21, 1966, 5 U.S.C. 5724A, AND BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966.
IT APPEARS FROM THE RECORD THAT MR. REY DID NOT INCUR EXPENSES OF TRANSPORTATION UNDER SECTION 2.4 OF THE ABOVE-CITED CIRCULAR CONCERNING ELIGIBILITY FOR A ROUND TRIP TO SEEK PERMANENT QUARTERS. FURTHER, SINCE HE DID NOT OCCUPY TEMPORARY QUARTERS HIS CASE DOES NOT FALL WITHIN THE PURVIEW OF SECTION 2.5 OF THE REGULATIONS WITH RESPECT TO ALLOWANCE OF SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS.
THEREFORE, MR. REY IS NOT ELIGIBLE FOR EITHER OF THE ABOVE ALLOWANCES AND WE FIND NO BASIS IN THE STATUTE OR REGULATIONS FOR REIMBURSING HIM FOR AN UNAUTHORIZED EXPENSE FROM AMOUNTS THAT ONLY POTENTIALLY MIGHT OTHERWISE HAVE BEEN PAYABLE TO HIM.
THEREFORE, THE VOUCHER TRANSMITTED WITH YOUR LETTER AND WHICH IS RETURNED HEREWITH MAY NOT PROPERLY BE CERTIFIED FOR PAYMENT.