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B-189358 1 (1978-02-08)

handle is hein.gao/gaobadfpn0001 and id is 1 raw text is: S te THE COMPTMLLER ONERAL DECISION . . OF THE UNITED STATEU WASHINGTON. D.C. 20548 FILE: B-189358 DATE: February 80 1978 MATTER OF: Richard L. Canas - Transportation of Household Goods DIGEST: 1. Employee indebtecaess arising from excess cast of shipping household goods incident to permanent change of station cannot be waived since the authority is statutory and 5 U.S.C. 5724 lImits'the mnimum weight whict may be trans- ported at Government experse t'O 11,000 poi~nds. 2. If property was after-acquired, costs could not be reim- bursad since rule is well established that responsibility Gf Government for tousehold goods is limited to those owned by employee on effecrive date of travel authorization. 52 Comp. Gen. 765 (1973). 3. Assuming employee has been given erroneous information, rights are determined on the basis of the facts in the matter rather than information provided. United States1 is not liable for erroneous actions of its officers, agents or employees even though committed in p rformance of thair official duties. 44 Comp. Gen. 337 (1964). 4. Waiver of certain claims of the Unitnd States Covernment against a person arising out of erroneous pa .nent of pay or allowances cf civilian employees is .authorized when collecticn action would be against equity and good con- science and not in best interest of United States, but such authority does not extend to indebtedness realting fror vywent of travel and transportation expensecs and alloiances and relocation expenses. 5 U.S.C. 5584; 4 C.P.R. 91.2(c) (1977). By letter dated une 2, 1977, Edwin J. Foot, Chief, Accounting Sectioa, Office of Controller, Drug 7nforcement Administration (DEA), Department of Justice, rc4uests our decision concerning the liability of Mr. Richard L. Canas, a DEA employee, for excess transportation costs incident to a transfer of duty station. -1- Ii

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