About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-177277 1 (1973-05-03)

handle is hein.gao/gaobaadxs0001 and id is 1 raw text is: 
|B                     q


.~: r. .COMPrftOLLER CENtRAL OF THE UNITED STATES
  .\ .A                         WASINGTON.D.C. SeS


       1B-177277                          Mly 3, 1973





       dwin J. ocDermott, Esq.
       2425 Fidelity Building
       123 S. Broad Street
       Philadelphia, Pennylvania 19109

       Dear Kr. McDermott:

            Further reference is oade to your letter of March 6, 1973,
       ru1amntag reconsideration of decision B-177277, February 12, 1973,
       to Kr, R. J. Schullery, Authorized Certifying Officer, which held
       that a voucher in favor of Mr. Barry Scharaga, an employee of the
       Federal Aviation Aduin.etration (FAA), could not be certified for
       payment. The voucher was for einbureeuent of subsistence expensejj
       incident to the occupaucy of temporary quarters and real estate
       transaction expenses incurred by tir. Scharags in connection vith
       his transfer from Frankfurt, Germany, to Atlantic City, ew Jersey,
       effective August 21, 1972.

            1Dy tarel Order No. 2710-0001 (FAA Porn 1500-5), dated June 28,
       1972, Mr. Scaaraga was transferred from Frankfurt to Atlantic City
       and authorized reimbursement of subsiotence expanes incident to
       th occupancy of toporary quarters and real estate transaction
       expenses. Our decision held that such reimbursement could not be
       made since govnnin FAA reaulations do not provida for such reim-
       bursmut when an employoe transfera from an overseas otation to
       one In the United States. Your request for reconcidoration is
       apparently based on the proposition that, since the reimbursement
       of such wpenses vas authorized in the travel orders and estimated
       amounts of such item vere set forth therein, payment should be
       made.

            tn the instant case the items claimed were erroneously
       authorized since there was no authority therefor under governing
       ro.ulatione.  It is regrettable that such erroneous orders war*
       issued,  However, In the absence of specific authority therefor,
       the United States is not liable for the erroneous actions of its






                    7t~

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most