B-172276, JUL 13, 1971

B-172276, JUL 13, 1971

CIVILIAN EMPLOYEE - MOVING EXPENSES - CONVENIENCE OF THE GOVERNMENT DECISION ALLOWING IN PART A CLAIM BY MR. E. GLYN ROGERS, A SUPERVISORY CRIMINAL INVESTIGATOR WITH THE BUREAU OF INDIAN AFFAIRS, FOR REIMBURSEMENT OF EXPENSES INCURRED INCIDENT TO A CHANGE OF RESIDENCE. ALTHOUGH, FOR THE CONVENIENCE OF THE GOVERNMENT, CLAIMANT MOVED HIS RESIDENCE FROM RUIDOSO, NEW MEXICO, TO GOVERNMENT QUARTERS ON THE MESCALERO RESERVATION, SINCE THERE WAS NO CHANGE OF OFFICIAL STATION, NONE OF THE ITEMS CLAIMED ARE REIMBURSABLE UNDER SECTIONS 5724 AND 5724A OF TITLE 5, U.S.C. OR OMB CIR. NO. A-56. HOWEVER, THE COST OF MOVING THE HOUSEHOLD GOODS (NOT TO EXCEED 11,000 POUNDS) MAY BE CONSIDERED AS AN ADMINISTRATIVE COST OF OPERATING THE INSTALLATION AS PER B-138678, APRIL 22, 1959.

TO MR. FRANK A. SCHORR:

THIS WILL REFER TO YOUR LETTER OF MARCH 17, 1971, REQUESTING OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT CERTAIN PORTIONS OF A CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED INCIDENT TO A CHANGE OF RESIDENCE BY MR. E. GLYN ROGERS.

YOUR LETTER INFORMS US THAT MR. ROGERS IS EMPLOYED BY THE BUREAU OF INDIAN AFFAIRS AS A SUPERVISORY CRIMINAL INVESTIGATOR. FOR REASONS STATED IN THE FOLLOWING EXCERPT OF A MEMORANDUM DIRECTED TO THE EMPLOYEE BY THE ADMINISTRATIVE MANAGER, MESCALERO AGENCY, HE WAS REQUIRED TO MOVE HIS RESIDENCE FROM A HOME LOCATED AT RUIDOSO, NEW MEXICO, TO GOVERNMENT QUARTERS ON THE MESCALERO RESERVATION:

"SUPERINTENDENT OTERO RECENTLY TALKED WITH YOU REGARDING THE ADVANTAGES THAT WOULD ACCRUE TO THE MESCALERO APACHE TRIBE, TO THIS AGENCY AND TO YOUR BRANCH OF LAW AND ORDER IF YOU RESIDED HERE AT THE AGENCY. NOT ONLY WOULD YOU BE INSTANTLY AVAILABLE IN EMERGENCIES TO PROTECT LIFE AND PROPERTY, BUT YOU WOULD ALSO BE AVAILABLE TO CONSULT WITH THE SUPERINTENDENT AND OTHER STAFF MEMBERS WHEN CIRCUMSTANCES REQUIRED YOUR PARTICULAR EXPERTISE."

AS YOUR LETTER STATES, "THIS MOVE WAS NOT A CHANGE OF OFFICIAL STATION, BUT CAUSED CONSIDERABLE EXPENSE AND INCONVENIENCE FOR MR. ROGERS AND HIS FAMILY. IT WAS IN THE INTEREST OF THE GOVERNMENT AND BY REQUEST OF MR. ROGERS' SUPERVISORS."

THE CLAIM SUBMITTED IS FOR THREE TYPES OF EXPENDITURES AS FOLLOWS:

(1) ACTUAL COST OF MOVING 11,025 POUNDS OF

HOUSEHOLD GOODS AS STATED ON AN ATTACHED

BILL OF LADING FROM A COMMERCIAL MOVING

FIRM, $ 355.18

(2) REAL ESTATE FEES INCIDENT TO THE SALE OF

A PRIVATE RESIDENCE, 1,365.00

(3) MISCELLANEOUS EXPENSES, 200.00

ESSENTIALLY, YOUR QUESTION IS WHETHER ALL OR ANY PART OF MR. ROGERS' CLAIM IS REIMBURSABLE UNDER PROVISIONS OF SECTIONS 5724 AND 5724A OF TITLE 5, U.S.C. AND THE STATUTORY REGULATIONS ISSUED PURSUANT THERETO, OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56.

WITH RESPECT TO THE CLAIM FOR REIMBURSEMENT FOR MOVEMENT OF HOUSEHOLD GOODS, SUBSECTION 6.1A OF CIRCULAR NO. A-56 PROVIDES AS FOLLOWS:

"6.1 APPLICABILITY.

"A. ALL EMPLOYEES LISTED UNDER SUBSECTION 1.1A WHO HAVE COMPLIED WITH THE AGREEMENT CONDITIONS PRESCRIBED IN SUBSECTION 1.3C ARE ELIGIBLE FOR SHIPMENT OF THEIR HOUSEHOLD GOODS AND PERSONAL EFFECTS AT GOVERNMENT EXPENSE, SUBJECT TO THE WEIGHT LIMITATIONS PROVIDED HEREIN, (1) WHEN THEY ARE TRANSFERRED OR ASSIGNED TO A NEW OFFICIAL STATION IN THE INTEREST OF THE GOVERNMENT *** "

THE APPLICABLE REGULATORY PROVISION GOVERNING REIMBURSEMENT OF REAL ESTATE EXPENSES IS SUBSECTION 4.1, AS FOLLOWS:

"4.1 CONDITIONS AND REQUIREMENTS UNDER WHICH ALLOWANCES ARE PAYABLE. THE EXTENT ALLOWABLE UNDER THIS PROVISION, THE GOVERNMENT WILL REIMBURSE AN EMPLOYEE FOR EXPENSES REQUIRED TO BE PAID BY HIM IN CONNECTION WITH THE SALE OF ONE RESIDENCE AT HIS OLD OFFICIAL STATION; PURCHASE (INCLUDING CONSTRUCTION) OF ONE DWELLING AT HIS NEW OFFICIAL STATION *** PROVIDED THAT:

"A. A PERMANENT CHANGE OF STATION IS AUTHORIZED OR APPROVED *** "

ELIGIBILITY FOR REIMBURSEMENT FOR MISCELLANEOUS EXPENSES IS STATED AS FOLLOWS:

"3.2 ELIGIBILITY.

"A. A MISCELLANEOUS EXPENSE ALLOWANCE WILL BE PAYABLE TO AN EMPLOYEE FOR WHOM A PERMANENT CHANGE OF STATION IS AUTHORIZED OR APPROVED, AND WHO HAS DISCONTINUED AND ESTABLISHED A RESIDENCE IN CONNECTION WITH SUCH CHANGE, REGARDLESS OF WHERE THE OLD OR NEW OFFICIAL STATIONS ARE LOCATED ***

SINCE NO CHANGE OF OFFICIAL STATION OCCURRED IN THIS CASE AND SINCE EACH APPLICABLE REGULATORY PROVISION REQUIRES A CHANGE OF STATION AS AN ELEMENT OF ELIGIBILITY FOR REIMBURSEMENT, WE MUST ADVISE THAT NONE OF THE ITEMS CLAIMED BY MR. ROGERS ARE REIMBURSABLE UNDER SECTIONS 5724 AND 5724A OF TITLE 5 SUPRA AND CIRCULAR NO. A-56.

IN OUR DECISION B-163088, FEBRUARY 28, 1968, CITED IN YOUR LETTER, WE CALLED ATTENTION TO ANOTHER DECISION - B-138678, APRIL 22, 1959 - IN WHICH 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.

THEREFORE, IN ACCORDANCE WITH THOSE DECISIONS, THE ACTUAL EXPENSE OF TRANSPORTATION OF MR. ROGERS' HOUSEHOLD GOODS, NOT TO EXCEED 11,000 POUNDS NET WEIGHT CONSISTENT WITH THE LIMITATION AS STATED IN 5 U.S.C. 5724(A)(2), MAY BE ALLOWED AS AN ADMINISTRATIVE TRANSPORTATION COST.

WE WOULD POINT OUT THAT, CONTRARY TO YOUR APPARENT UNDERSTANDING OF OUR DECISION B-163088 SUPRA, WE SPECIFICALLY DENIED, IN THAT CASE, ENTITLEMENT OF THE EMPLOYEE TO THE MISCELLANEOUS EXPENSE ALLOWANCE OR REIMBURSEMENT FOR OTHER EXPENSES AUTHORIZED BY SECTION 5724A OF TITLE 5.

FINALLY, WITH RESPECT TO THE CLAIM FOR REIMBURSEMENT OF EXPENSES INCIDENT TO THE SALE OF MR. ROGERS' HOUSE IN RUIDOSO, NEW MEXICO, THIS LIKEWISE IS NOT ALLOWABLE SINCE NO PERMANENT CHANGE OF STATION WAS INVOLVED. SEE B- 171901, APRIL 6, 1971, COPY ENCLOSED.