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B-194270 1 (1979-05-09)

handle is hein.gao/gaobadhfg0001 and id is 1 raw text is: 01AER THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. D.C. 20548 LITE. FILE: B-194270 DATE:May 9, 1979 MATTER OF: Clayton Jennings Relocation Expense L /in' 'b New appointee 'oer . DIGEST: Even though new appointee in manpower shortage category was given incorrect i his entitlement to miscellaneous expenses and temporary quarters allowance and his written authorization for maoving expenses reflected that information, his claim must be denied since regulationsspecifically prohibit payment of those allowances. -The United States is not liable for the erroneous acions of its officers, agents or empV-ees eIe thpugh committed in the performance of their duties. This is in respo§ e to a dueq t from Elizbeth A. Allen, Chief, Accounting Section, Office of the Regional Commissioner, Southwest Region, Internal Revenue Service, concerning the claim of Clayton Jennings.for reimbursement of certain expenses he in- curred incident to his move from Colorado Springs, C15FYad6o his firstDt o~fd~uty in Houston, Texas. Mr. Jennings was hired as a mining 'engineer, a position in a manpower shortage category, and reported for duty on September 11, 1978. Generally, new appo_' tees are not entitled to relocation expens s. See paragrapll2-1.5e of the Federal Travel Regulations (FTR)/ FPMR 101-7, May 1973. However,fTR para. 2-1.5f provides an exception forew appointees to positions for which a manpower shortage is designated by the U.S. Civil Service Commission (now ce of Personnel Management). Such appointees are not entitled to all relocation expenses. FTR paragraph 2-1.5f(4) specifically prohibits reimbursement to a shortage-category appointee of per diem for family, cost of a house-hunting trip, subsistence while occupying temporary quarters, miscellaneous expense allowance, residence sale and purchase expenses, and lease breaking expenses. Before Mr. Jennings accepted employment with IRS he was told by an IRS official that he would be reimbursed for miscellaneous moving expenses and that he would receive a temporary quartei- allowance. These items were authorized on Mr. Jenning's. Authorization for Moving Expenses, TD Form 4253, which was signed by the authorizing

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