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B-221496 1 (1986-06-26)

handle is hein.gao/gaobadmjl0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION OF THE UNITEO STATES \ WASHINGTON, 0. C. 20546 FILE: B-221496 DATE: June 26, 1986 MATTER OF: John H. Teele - Manpower Shortage Travel and Transportation - Meritorious Claims Act DIGEST: 1. A new appointee to a manpower shortage position was issued travel orders erroneously authorizing reimbursement for temporary quarters subsistence expenses, real estate expenses and miscellaneous expenses as though he were a transferred employee. After travel was completed, his orders were corrected to show entitlement only to travel, travel per diem and movement of household goods, as authorized for manpower shortage position. The claimant asserts entitlement to full reimbursement, arguing that the advice received when hired and the travel orders issued are consistent with private sector practices. The claim is denied. Under 5 U.S.C. 9 5723 (1982), the travel and transporta- tion rights of a manpower shortage appointee are strictly prescribed. Regardless of whether the error was committed orally or in writing, the government is not bound by any agent's or employee's acts which are contrary to governing statute or regulations. 2. GAO will no longer follow its general policy of not referring erroneous advice cases to Congress under the Meritorious Claims Act, 31 U.S.C. S 3702(d). Instead, each such case will be considered for submission based on its individual merits. Accordingly, GAO submits to Congress claim of new appointee to a manpower- shortage position who was erroneously issued travel orders authorizing reimbursement for temporary quarters subsistence expenses, real estate 0 3 9'vL

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