About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-206236 1 (1983-06-01)

handle is hein.gao/gaobadlco0001 and id is 1 raw text is: 0S THE COMPTROLLER GENERAL DECISION oF THE UNITED STATES WASHINGTON. D. C. 20548 FILE: B-206236 DATE: June 1, 1983 MATTER OF: Grover L. Miller DIGEST: Government employee who uses personal funds to procure goods or services for official use may be reimbursed if under- lying expenditure itself is authorized, failure to act would have resulted in disruption of relevant program or activ- ity, and transaction satisfies criteria for either ratification or quantum meruit, applied as if contractor had not yet been paid. While GAO emphasizes that use of personal funds should be discouraged and retains general prohibi- tion against reimbursing voluntary creditors, these guidelines will be followed in future. Applying this ap- proach, National Guard officer who used personal funds to buy food for subordi- nates during weekend training exercise when requisite paperwork was not com- pleted in time to follow normal purchas- ing procedures, may be reimbursed. The Administrative Officer, Headquarters First Battalion, 152nd Infantry, Indiana Army National Guard, has requested our reconsideration of the claim of Captain Grover L. Miller for reimbursement of personal funds he expended to purchase food supplies. Captain Miller's claim was disallowed by our Claims Group on October 28, 1981 (Settlement Certificate Z-2828580). In disallowing the claim, the Claims Group cited the proposi- tion, embodied in numerous decisions of this Office, that a Government employee cannot create a valid claim in his favor by paying an obligation of the United States from his own funds. E.g., 33 Comp. Gen. 20 (1953). At the outset, we note that the request for reconsideration was not submitted either by the claimant or the appropriate agency head as required by 4 C.F.R. § 32.1 (1983). Nevertheless, because we think there is adequate basis to allow the claim, we will exercise our dis- cretionary authority to reconsider the settlement action on our own motion.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most