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B-194341 1 (1979-05-22)

handle is hein.gao/gaobadhgj0001 and id is 1 raw text is: FILE: B-194341 MATTER DIGEST: flATF~ M~ 9~ 1070 .,~Jj , *~5~ OF: Kenneth P. Lindsley, Jr. - Relocation expensesigs C- Manpower shortage appoint e Manpower shortage appointee is entitled to travel and transportation expenses authorized by 5 U. S. C. 5723. He is not entitled to relocation expenses, such as residence sale and purchase, and subsis- tence while occupying temporary quarters authorized by 5 U.S. C. 5724a for a transferred employee. Erroneous administrative authorization of such expenses provides no basis for entitlement, since Government cannot be bound beyond actual authority conferred on its agents by statute and regulations. The question presented is whether payment of relocation expenses may be made to a manpower shortage appointee incident to reporting to his first duty station. Erroneous information relied on by employee provides no authority for payment of such expenses. Ao Mr. R. B. Vera, Finance and Accounting Officer, US Army White Sands Missile Range, New Mexico, has asked for our decision in the matter. His request was forwarded here March 9, 1979, from the Per Diem, Travel and Transportation Allowance Commiteee (Control No. 79-3). Mr. Kenneth P. Lindsley, Jr., while living at Titusville, Florida, and employed by a NASA contractor at the John F. Kennedy Space Center was given an appointment to a position in a manpower shortage category at Vhite Sands Missile Range, New Mexico, his first duty station. He was issued a travel order dat-ediTtay , 198, which authorized transportation, per diem, aqrmovement of his household goods.v'It ealoe-w-a-a--rrwu'rmsly authorized- -Air Force thought he was Federal Government employee- -temp' ary quarters subsistence expense for 30 days, R and real estate expensesjvhich he has claimed incident to reporting to duty. It is stated in the submission that Mr. Lindsley and his dependents performed the travel and incurred the expenses for the allowances authorized on the travel order and that he acted in good faith in com- pliance with the provisions of the order. However, authorization of the expenses claimed is viewed as doubtful since this was a first duty station assignment. The matter is thus submitted for our decision. DECISION THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0.C. 20548

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