About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-192186 1 (1978-10-23)

handle is hein.gao/gaobadgly0001 and id is 1 raw text is: DOCISION FIL.E: R-192186 MATTER DMIHBT: .THW GO0MPTP.I a ##NWALI?.f WOF THU UN- ElATES ViAEMINOTOPN, J . . an.C. DATE: Oetaber 23, 1978 OF: Clarence 0. Stout - Real Estate Expenses - Loan Dizcount Fee Employee, who was transferred incident to reduction- inforce actions, claims reimbursement of loan dis- count fee incurred zin purchase of residence at-his new duty station. Even though employee was reassigned again when Civil Service Cmmiasson determined that transfer violated reduction-in-force regulations and was urauthorized, payment of claim is not authorized since payment is prohibited by Federal Travel Regu- lations which have force anu erfect of law. This actiun is in response to' a request for an advance decision from Maijor.J.D. Heard, USA, Accounting and Flrance Officer, Defense Contract Admirstration Services Region Atlillr.ta, Dtees Logistics Agency, concern- ing the claim of Clarence 0. Stout for reimtarsemnt of a loan discount fee of $825 incurred by him in the purchase.of a home incident to his per- manent change of duty station. the request was forwareed to our Office by the Per Diem, Travel and Transportption Allowance Committee which assigned it PDTATAC Control No. 78-73. M. Stout was deni~d the loan discount fee for his house purchase at his new duty station at /ullahoma, T nnessee, because reimbursement of such fes is prohibited byparagraph C 14002d, Volume&2 of the Joint Travel Reg- ilations (JTR). His tvansfer to Tellahomainrecomber 1976 fromhis old dutt; station in Grham, North Carolina, resultd 'fr6m reduction-tn-force actions taken by the Defense Contract Administrdtibn Services 'Region Atlanta. On February 16, 1977, the U.S. Civil Service Commi3sion ruled that pursuant to reduction-in-force procedures another employee should have been reasained to Tullahcma, M-,. Stout's transfer there was improper, and Mr. Stout ah'6Id ha-re been transferred to Marietta, Georgia. As a re- sult of the Commission's ruling, Mr. Stout was transferred from Tullahoma to Marietta, Georgia. in April 1977. Mr. Stout believes he should be reiAbursed the loan discount fee.because he incurred it as a result of administrative error in transferring him to Tullahoma. The'prohibiffon in 2 JTR para. C 14002d (change 131, September 1, 1976) against payMInt ofJoan discount fees incurred for the purchase of a residence incid ntto a permanent change of station implements the same prohibition in paragraph 2-6.2d of. the Federal .Travel Regulations (FPMR, May 1973). The Federal Travel Regalations, promulgated by the General Services A'inistration, are authorized by 5 U.S.C. 9 5724a and have the force and effect of law. They mar not be waived or modified by either I 'I LA?

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:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most