B-163088, FEB. 28, 1968

B-163088, FEB. 28, 1968

EMPLOYEES - TRANSFERS - PUBLIC LAW 89-516 - ENTITLEMENT DECISION TO CERTIFYING OFFICER OF FOREST SERVICE CONCERNING PROPRIETY OF CERTIFICATION OF RELOCATION EXPENSES FOR EMPLOYEE MOVED FROM BRISTOL, TENN. TO GOVERNMENT OWNED QUARTERS IN SAME LOCALITY. ALTHOUGH EMPLOYEE WHO MOVED FROM PRIVATE QUARTERS TO GOVERNMENT OWNED HOUSE TO BE ON CALL MAY HAVE RELOCATION CONSIDERED IN INTEREST OF GOVERNMENT IT IS NOT A TRANSFER OF OFFICIAL STATION UNDER PUBLIC LAW 89 516. HOWEVER, SINCE MOVE WAS IN INTEREST OF GOVERNMENT EXPENSES OF MOVING EFFECTS MAY BE CONSIDERED TRANSPORTATION EXPENSE AND EMPLOYEE REIMBURSED THEREFOR. B-138678, APRIL 22, 1959.

TO MR. E. W. MILOT:

YOUR LETTER OF NOVEMBER 20, 1967, REFERENCE 6540, RECEIVED DECEMBER 12, REQUESTS OUR DECISION WHETHER THE ENCLOSED TRAVEL VOUCHER NO. 4 1339 MAY BE CERTIFIED FOR PAYMENT IN THE AMOUNT OF $492.22 AS SUBMITTED BY EDWIN M. CONLEY INCIDENT TO THE CHANGE OF HIS RESIDENCE IN THE CIRCUMSTANCES DESCRIBED BELOW.

IT APPEARS THAT MR. CONLEY AS PRINCIPAL TEACHER WAS STATIONED AT THE JACOBS CREEK JOB CORPS CONSERVATION CENTER, BRISTOL, TENNESSEE, AND WAS LIVING IN A RENTED PRIVATE RESIDENCE IN BRISTOL WHEN HE WAS PROMOTED TO THE POSITION OF EDUCATION AND GUIDANCE OFFICER AT THE CENTER. AT THAT TIME THE DIRECTOR OF THE CENTER DIRECTED MR. CONLEY TO MOVE HIS FAMILY AND HOUSEHOLD GOODS INTO A GOVERNMENT-OWNED HOUSE AT THE CENTER. THE REASON FOR THIS, YOU SAY, IS THAT UNDER THE JOB CORPS AND RELATED FOREST SERVICE REGULATIONS 24-HOUR DUTY OFFICER COVERAGE IS REQUIRED AT THE CENTER. THUS, UPON PROMOTION, MR. CONLEY BECAME A MEMBER OF THE CENTER'S KEY STAFF AND WAS SUBJECT TO ASSIGNMENT OF TOURS AS DUTY OFFICER AT THE CENTER. THAT REGARD THE REGULATION QUOTED BY YOU PROVIDES THAT IF A STAFF MEMBER IS ON CALL HE MUST BE LIVING ON OR ADJACENT TO THE CENTER IN ORDER TO BE IMMEDIATELY AVAILABLE, AND THAT UNDER NO CIRCUMSTANCES WILL THE RESPONSIBLE STAFFMAN BE LOCATED MORE THAN APPROXIMATELY 5 MINUTES WALKING DISTANCE FROM THE CENTER AT ALL TIMES. AS YOU SAY, THE RELOCATION OF MR. CONLEY'S RESIDENCE MAY BE CONSIDERED TO HAVE BEEN DIRECTED FOR THE CONVENIENCE OF THE GOVERNMENT.

HOWEVER, UNDER THE ABOVE-RELATED FACTS THE RELOCATION OF MR. CONLEY'S RESIDENCE MAY NOT BE REGARDED AS A TRANSFER OF MR. CONLEY'S OFFICIAL STATION WITHIN THE PURVIEW OF 5 U.S.C. 5724 AND 5724A AND THE REGULATIONS ISSUED BY BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED, OR THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. THAT IS TO SAY MR. CONLEY IS NOT ENTITLED TO THE $200 MISCELLANEOUS EXPENSES ALLOWANCE OR TO THE COMMUTED RATE FOR MOVING HIS HOUSEHOLD GOODS AS CLAIMED ON THE SUBMITTED VOUCHER; NEITHER IS HE ENTITLED TO MILEAGE OR PER DIEM IN LIEU OF SUBSISTENCE FOR THE 45-MINUTE PERIOD INDICATED ON THE VOUCHER BECAUSE HE WAS NOT IN A TRAVEL STATUS OR ON TEMPORARY DUTY AWAY FROM HIS OFFICIAL STATION. MOREOVER, THE SUBMITTED PAPERS DO NOT INDICATE THAT HE AND HIS DEPENDENTS INCURRED ANY EXPENSE FOR SUBSISTENCE DURING THAT PERIOD.

ON THE OTHER HAND IN A CASE DECIDED APRIL 22, 1959, B-138678, WE HELD THAT EXPENSES OF MOVING HOUSEHOLD GOODS BETWEEN QUARTERS LOCALLY, WHEN DIRECTED BY THE OFFICIAL RESPONSIBLE FOR ADMINISTRATION OF AN INSTALLATION, WHILE NOT BEING INCIDENT TO AN AUTHORIZED CHANGE OF DUTY STATION, ARE PROPERLY FOR CONSIDERATION AS AN ADMINISTRATIVE COST OF OPERATING THE INSTALLATION. A COPY OF THE DECISION OF APRIL 22, 1959, IS ENCLOSED.

IN THIS CASE IT APPEARS THAT MR. CONLEY'S MOVE WAS DIRECTED BY PROPER ADMINISTRATIVE AUTHORITY AS BEING NECESSARY IN THE GOVERNMENT'S INTEREST AND THAT MR. CONLEY HAD NO CHOICE BUT TO COMPLY INCIDENT TO THE PROMOTION. THEREFORE, ASSUMING THAT HE HAS PAID THE AMOUNT OF $176.18 STATED ON THE ENCLOSED COMMERCIAL BILL OF LADING FOR MOVEMENT OF 5450 POUNDS OF HIS GOODS TO THE CENTER RESIDENCE ON SEPTEMBER 1, 1967, HE MAY BE REIMBURSED THAT AMOUNT AS AN ADMINISTRATIVE TRANSPORTATION EXPENSE OF THE CENTER.

THE TRAVEL VOUCHER WITH RELATED PAPERS IS RETURNED HEREWITH FOR HANDLING AS INDICATED ABOVE.