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

B-190389 1 (1978-01-03)

handle is hein.gao/gaobadfmr0001 and id is 1 raw text is: 





                        THE  COMPTROLLER GENERAL
               D:  ON  -o OF THE UNITED STATES
                        VlA 9 H INGTON,     C . 20 548




FILE: B-190389                DATE:   JAN3  1978

MATTER  OF:  Chief Raster Sergeant  orris L. Riley, USA?


DIGEST:   A aeber's  contention that the
          holding in 36 Coup, Gan. 767 (1977),
          concerning rembursement  of tele-
          phone installation charges, should
          be applied retroactively is rejected
          since that decision was a changed
          interpretation of 31 U.S.C. 679
          (1970), which overruled or modified
          previous decietons and, therefore,
          is to be given prospective eppli-
          eation only.  Accordingly, a claia
          which arose before date of that deci-
          sies say not be considered under the
          new rule announced therein.


     This action is in response to a letter dated Sep-
teaker 6, 1977, from Captain F. J. Dargaavge, Accounting
and Vinance Officer, Shaw Air Toree Base (AI),  South
Carolina. requesting an advance deciates concerning the
claim of Chief Master Sergeant Horris L.  liley, USAF,
           , for reaiburseuent of charges he incurred
fOr reconecting  his private telephone when he was
required to mosve from his Government quarters to other
Governmeat quarters due to a Governuent quarters reno-
vatio  project.  The request has been assigned PDTATAC
Control No. 77-33 by the Per Diem, Travel and Transpor-
tation Allowance Committee.

     The elaim arose as a result of a Government ordered
 renevaties of Sergeant Riley's living quarters at
 Shaw All.  In cempliance with Government orders, effective
 December 3, 1976, Sergeant Riley relocated his residence.
 One expense ef the relocation was the $31 telephone
 testallatien charge Sergesat Riley paid on January 18,
 1971, cnd for which he now claims reimbursement.

     The  issue presented by this case is whether retro-
 active effect may be given to the holding o1 our decision


1ee

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