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B-187213 1 (1976-10-01)

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DECISION


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THE  COMPTROLLER GEiNERAL
OF   THa rUNITED STATEB


LVAIS H I NGT0  N ,


D. C.  2054B


13- 187213


DATE:   October !, 1976


Thomas  13. Cox - Trwnsportation if
Household  Effects Incident to Training


['GFST


Employee  may  not be reimbur sect for
transportation of household effects from
trainingY location to duty stetioni where
authorizing official refused to issue travel
oir(Ci'S for payment of SICI expenses basetd
on emploee's   execution of agreement at be-
ginning of training whereby he agreed to bear
indirect costs of training, unch as travel and
transportation. Since authorizing official's
refusal to issue orders wis neitler arbitrary
nor capriciOUS, that exercise of his discretion
is prcye rly within purview of' authority for
payment  of training expenscs under 5 U. S. C.
S 4 10L.'(1970).


    'Ih is action ioi1n vo\es t e a p eal by 11 'Thomas I. ( 'ox, a
Department  of the Navy employee, from Clains  D)ivision Sette-
rnent Certificate No. Z-21.83156, July 14, 1976, denying his
cIi lim for reiIbursement f expenses iIcurred in t ranspo'ting
hik household effects from Pittsburgh, Pennsyl\ania, to Annapolis,
Ma Iyiand.  Th e rtloc.ati 'on of his household to Anna;;ol is in ''ily
of 1971 occurred upon the com:I pletion of . -.3-year periodi of
training at the Carinegi(lMllon UniVe'sity in lPittsburgh.

    DIeniial of Mr. Cox's claim by our Clairns Division 'us
predicated on the fact 'hat t.w Navy h tii refuseud to issue travel
orders authorizing   ib    ;enien of the trkansIportation c.xpe(lS e.-
claimed.  While not taking ( xception to t: conclusion that Such
orders wer[  not issuld, Mr. Cox does questior the basis upon
which approv~al war, withhel . Specifically, he points out that the
issuautee of1 0rics for reillbursuIment for transoOrttation of house -
hold effeCtS was it'coilen lbyed )y iS superiorS but that their reC-
Onlerlat1ion WaS  riot acted uponVOifavorably by the Civilian Personnel
Officer having ultimate apiroval authority. ie believes that the
basis relied upon by tih' ' fliln' i'Perconnel Officer for refusing
to app'ove the r  'Iecn newvled o rs is inadequate. In this regard
he suggests that if there is no prohibition aga inst re Viurs emi) enti
for transportation expenses incid(lnt to training ano if the reasonis


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