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B-194255 1 (1979-04-03)

handle is hein.gao/gaobadhcg0001 and id is 1 raw text is: 

                                   4                                7
                    ~ THE COMPTROLLER GENERAL
DE  CFSIOI   0  N!   OF THE UNITED STATES
                             VWASH  INGT    N.  0  C.  20548


                                      -7


FILE:   B

MATTER


DIGEST:


-194255                   CDATE:  April 3, 1979

OF:   Karl D. Simecka -Relocation expenses
      Manpower shortage appointee]

  Manpower shortage appointee in Department of the
  Air Force is entitled only to travel expenses
  (including per diem) for himself; transportation
  expenses of his immediate family; and shipment
  of his household goods to his official station
  under 5 U.S.C. 5723 and implementing regulations
  notwithstanding an erroneous administrative
  authorization of other expenses since the Govern-
  ment cannot be bound beyond actual authority con-
  ferred upon its agents by statute and regulatio


     We have been asked o rec urClaims Division disallowance
of December 6, 1978, of Karl D. Simecka' claim for certain relocation
allowances incident to his selection or a manpower shortage position
in the Department of the Air Force in 1977.

     Mr. Simecka who was living in Silver Lake, Kansas, was given
an initial appointment to a position in a manpower shortage category
at Nellis Air Force Base. Nevada, his first duty station. He was
issued a travel orderonOctoberl4, 1977, which was amended July 14,
1978, which authorized transportation, per diem, and movement of
his household goods. He also was erroneously authorized temporary
quarters subsistence expense, miscellaneous expense aliowance real
estate expenses, and per diem for his E-ependRefs.- He claims
entitleeI-  afer the-r-a-*ems-    e-ahe-un-t --  $5,767.23.

     It is urged that since these additional expenses were
authorized in writing and that relying on such authorization
Mr. Simecka acted in good faith according to the travel authoriza-
tion, the Government has abinding obligation to pay for the addi-
tional expenses incurred.

     The authority to allow Government employees reimbursement
for residence sale and purchase expenses, subsistence while
occupying temporary quarters, and per diem for family on a
permanent change of station is contained in 5 U.S.C. 5724a
(1976).  Section 5724a authorizes reimbursement for those
expenses only for an employee transferred in the interest of

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