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B-190332 1 (1979-01-15)

handle is hein.gao/gaobacuor0001 and id is 1 raw text is: 017 7 -1,-ou' UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 B-190332 VAN 1 1979 Mr. Edward F. Praxel S. 800 Steen Road Veradale, Washington 99037 Dear Mr. Praxel: This refers to our discussion last month concerning the action taken by the General Accounting Office in denying your claim for travel expenses incurred in commuting between your place of employ- ment in Edzell, Scotland, and Harrogate, England. At that time, I said I would review our file to ascertain whether further action by this Office was warranted. I have completed review of the file bearing in mind in particular, (1) your view of the illegality of the reassignment to rdzell and (2) the conclusion reached by the servicing CPO at Mildenhall in favor of reimbursement to you on the basis of a TDY reassignment at Edzell. Initially, I wish to point out that it is not within the jurisdiction of the General Accounting Office (GAO) to review the merits of agency grievance decisions. Further, in settling claims and rendering decisions our Office must determine whether appro- priated funds of an agency are available for payment of the items for which reimbursement is claimed. In that regard 31 U.S.C. 9 628 provides that Except as otherwise provided by law, sums appropriated for the various branches of expenditures in the public service shall be applied solely to the objects for which they are respectively made, and for no others. Also, the Constitution provides that No Money shall be drawn from the Treasury, but in Consequence of, Appropriations made by Law. U.S. Const.. art I, sec. 9. One other pertinent rule of law is the well established one that the Government is not bound by the erroneous actions of its agents, even though the agent himself may have-been unaware of I a on his autho y. Federal Crop Insurance Corp. . Merrell, 332 U.S. 380, 3.- 6 61/ OFFICE OF GENERAL COUNSEL 003 25 S -7

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