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B-202628 1 (1981-12-30)

handle is hein.gao/gaobadjzi0001 and id is 1 raw text is: B-202628 / MATTER DIGEST* 01e Catherine Evans Travel and transportation expenses for a new appointee to the Federal service are authorized by law and the Federal Travel Regulations to persons appointed to positions which have been designated as manpower-shortage positions, The fact that agency officials erroneously authorized reimbursement of expenses for an appointee to a position which was not designated a manpower-shortage position provides no basis for payment since a payment not authorized by statute or regulation will not form the basis for estoppel gainst the Government, Claim is not appropriate for reporting under the Meri- torious Claims Act, 31 U9S.C. § 236, since it does not contain equities of unusual nature unlikely to reoccur, Mr. Learned W. Barry, Controller of the United States Nuclear Regulatory commission (NRC), has requested an advance decision on the proper disposition of an over.- payment to Ns, Catherine Evans which occurred from the erroneous authorization of travel and transportation expenses at the time of her appointment by the NRC* Ms. Evans is not entitled to the expenses since there is no authority for the payment of these expenses to a new appointee unless specifically authorized by statute or regulation. The circumstances under which the overpayment occurred are as follows. Ms. Evans, by a letter dated March 24, 1978, was offered an appointment with NRC as a Physical Security/Investigation Specialist (Intern) at NRC's Region IV Office in Arlington, Texas. At the time Ms. Evans resided in Vandergrift, Pennsylvania, and was not employed by the GoverrWent. The appointment letter further stated that certain travel and moving expenses could be reimbursed. In reliance upon NRC's offer, Ms. Evans terminated her employment and moved froM Pennsylvania to Texas where she entered on duty with NRC on June 19, 1978. In connection with her move she 'was advanced $.245 for travel expenses, $1,135 for movement of household goods, and $280 for temporary storacye, a total of $1,660. When Hs. Evans submitted her DECISION THE COMPTROLLER ,9ENERAL OF THE UNITED flTATeU WASHINOTOND, o, C20048 2 T E D ce 3 C):ATE:,P December 30$ 1981 FILE; S 'S S

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