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B-192583 1 (1979-03-14)

handle is hein.gao/gaobadhaa0001 and id is 1 raw text is: I __ THE COMPTROLLER GENERAL .OF 1THE UNITED STATES VV AS NGT N , 0 C 2 O 5 4 8 FILE: B-192583 DATE: tarch 14, 1979 MATTER OF: Reverend Richard A. HoulahaK - Real Estate Expenses7- Title Requirements DIGEST: Transferred Bureau of Prisons employee (chaplain) may not be reimbursed real estate expenses claimed on sale and purchase of residences incident to change of station since title to both residences was held by his religious order, which bore the expenses, and not by the employee (chaplain) or a member of his immediate family. Title requirements of 5 U.S.C. 5724a(a)(4) (1976) and Federal Travel Regulations must be met in order to qualify for reimbursement. Kevin D. Rooney, Assistant Attorney General for Administra- tion, Department of Justice, equsts a decision concerning a claim for reimbursement of real estate expenses claimed by the Reverend Richard A. Houlahan, an employee of the Bureau of Prisons, incident to his change of duty station. By Travel Authorization No. 1113, dated April 25, 1977, Father Houlahan was transferred from Dallas, Texas, to Washington, D.C., incident to his position as Administrator of Chaplaincy Services, Bureau of Prisons. He had occupied a residence in Carrollton, Texas, and upon his transfer, this residence was sold and another residence was purchased in Alexandria, Virginia. Father Houlahan's claim for reimbursement of real estate expenses in the amount of $2,115.62, covering the sale and purchase of residences incident to his transfer, was adminis- tratively disallowed by the certifying officer based on residence title requirements contained in the Federal Travel Regulations (FTR), paragraph 2-6.1c, which will be hereinafter discussed. p A It is stated, by way of explanation, that Father Houlahan, being a member of the Order of Mary Immaculate, has taken a vow of poverty, consequently the titles to bott the old and new residences involved are in the name of the Church, Missionary Oblates of Mary Immaculate (Missianry S4 eo Opblate Fathers). I-rn tis regar, Tather Houlanha' nient to his vow of poverty, can own no property in his own name, in fact, even his remunera- tion as a Government employee is considered the property of the Society. DEISCSIOfNi

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