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B-204073 1 (1982-09-07)

handle is hein.gao/gaobadkpk0001 and id is 1 raw text is: 
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                                      -LL     THE UOMPTROLLLER OENSRAL
                 DECISION                      OF THE UNITED 3TATNO1
                                              WASI4INGTON ,D.C. 201548


                 FILE: B-204073                      DATE: Septmber 7, 1982


                 MATTER OF: Navy-Reimbursement for Personal Exenditures

                 DIGEST: Where climant, on the authorization of an official
                           of the Naval Education and Training Center and with
                           his omn funds, purchased cGmruter software for bene-
                           fit of the Navy, reirburserent is allaaed since under
                           circumstances of case it would b'. 'nfair for Govern-
                           urent to retain benefits without payment.

                     A distAv:sing officer at the Naval Education ond Training Center
               has requested an advance decision on whether a voucher for $192.85
               may be certified for payment to Air Force Lieutenant Colonel John J.
               McBroome.  The vouchor supports a ciaim for reinL-ursement to Colonel
               c)Broome, who we assume hail beFn offiially detailed to the Navy, for
               expenditures from his personal funds to purchase microcomputer soft-
               ware items for use In an ongoing research project conducted by the
               Center for Advanced Research at the Naval War College. The voucher
               119 be certified for payfent.

                     The $192.V1 represcits expenses incurred by Colonel Z.cBroome_ on
               January 22, 1981, for the purchase of certain microcomputer software
               itenr which he needed to conduct a research project at the Naval War
               College. The Assistant Director of the Center for Advanced Research
               advised Colonel McBroome prior to the purchase that he could buy the
               software at his cwn expense and file a claim for reinbursernnt later.
               The Assistant Director apparently authorized the purchase of the soft-
               ware at personal expense instead of through normal contracting proce-
               dures becauue he consider.xd time to be of the essence. The suhnission
               states that the procuremeot would have been approved had a request
               been sutlnitted through proper channels.

                     We have generally held that payments for supplies or services
               muat be made directly to a puL.ic creditor by an authorized dishurs-
               i'ng officer and that no officer or enployee may create a valid claim
               in his favor by voluntarily paying obligations of the United States
               from his own funds without authorization. 33 Comp,. Gen. 20 (1953).
               We have recognized an exception in the case of personal expenditures
               mide, in the Government's interest, in urgent and unforeseen emer-
               gencies.  B-195002, May 27, 1980. Of courrie, the mere assertion that
               time was of the essence does not, without rore, deronstrate an urgent
               and unforezee  emergency.

                    This case differs from previously considered catses on this topic
               in several respects.  First, Colonel McBroore acted on the suggestion
               of an official at the Center in acquiring the software items with his


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