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B-266312 1 (1996-04-08)

handle is hein.gao/gaocrptadvh0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: Bruce Wayne Stevenson

File:       B-266312

Date:       April 8, 1996

DIGEST

An employee who transferred from New Mexico to Hawaii incurred an early
termination fee pursuant to an automobile lease. The lease agreement prohibited
the employee from taking the car out of the country. The employee's claim for
reimbursement of the fee as a miscellaneous expense is denied since the Federal
Travel Regulation, 41 C.F.R. § 302-3.1(c)(9) (1995), excludes from miscellaneous
expense coverage losses and costs incurred in selling or buying personal property,
and an automobile lease is associated with the sale or purchase of personal
property.

DECISION

This is in response to a request for an advance decision from Mr. John F. Best,
Chief, Finance and Accounting Division, Directorate of Resource Management, U.S.
Army Corps of Engineers, concerning whether an employee, Mr. Bruce Wayne
Stevenson, may be reimbursed for automobile lease termination charges of $1,334.25
pursuant to a permanent duty station transfer. For the reasons set forth below, we
conclude that Mr. Stevenson's claim may not be paid.

BACKGROUND

Mr. Stevenson, an employee of the U.S. Corps of Engineers, was transferred from
Cannon Air Force Base, New Mexico, to Fort Schafter, Hawaii, by travel
authorization issued on March 11, 1992. In October 1988, Mr. Stevenson had
entered into an automobile lease agreement in New York State for a term of
48 months. The terms of the agreement prohibited use of the car outside of the
state where the vehicle was first titled and/or registered for more than 30 days
without prior written consent of the leasing agency and Ford Credit. The
agreement also provided an option to purchase at the end of the lease.

Mr. Stevenson states that he requested permission to ship the car to Hawaii, but his
request was denied. Mr. Stevenson paid the early termination fee of $1,334.25 and


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