John W. Chambers

B-260456 Jun 04, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Employee's expenses may be reimbursed since the subsequently issued travel orders authorized residence transaction expenses and other relocation expenses and preexisting administrative intent to transfer the employee was clearly evident at the time the expenses were incurred. Employee may be reimbursed for temporary duty travel expenses since travel orders were issued retroactively to carry out the agency's original intent to assign him to that travel. Shipment of household goods where written orders for the transfer were subsequently issued authorizing those expense items. DECISION This decision is in response to a request submitted by Ms. Was stationed at Ogden. The justification was that Mr. View Decision Matter of: John W. Chambers File: B-260456 Date: June 4, 1996 After being advised by agency officials that he would be transferred contingent upon approval of an exception to a freeze on transfers, employee sold his residence, purchased a new residence, and incurred other expenses prior to issuance of written travel orders. Employee's expenses may be reimbursed since the subsequently issued travel orders authorized residence transaction expenses and other relocation expenses and preexisting administrative intent to transfer the employee was clearly evident at the time the expenses were incurred. Employee may be reimbursed for temporary duty travel expenses since travel orders were issued retroactively to carry out the agency's original intent to assign him to that travel. Employee may also be reimbursed for the expenses of travel to his new duty station, temporary quarters occupancy, and shipment of household goods where written orders for the transfer were subsequently issued authorizing those expense items. DECISION This decision is in response to a request submitted by Ms. Jeanne DiGange, authorized certifying officer, Office of Finance and Management, National Finance Center, Department of Agriculture (USDA), concerning the authority to reimburse an employee for expenses incurred incident to a permanent change of duty station and expenses of a temporary duty detail. BACKGROUND Mr. John W. Chambers, an employee of the Forest Service, was stationed at Ogden, Utah, from February 1991 through September 1993. In January 1993, Forest Service officials verbally offered Mr. Chambers a reassignment to Washington, DC, in April/May 1993. On January 22, 1993, however, USDA placed a department-wide freeze on transfers until further notice. On April 19, 1993, the Deputy Chief for Administration, Forest Service, sent a request to the Director of Personnel, USDA, for an exception to the freeze to allow several positions in the Forest Service, including that of Mr. Chambers, to meet urgent needs. On July 9, 1993, the Chief of the Forest Service formally requested an exception to the freeze for Mr. Chambers in a decision memorandum for the Secretary of Agriculture. The justification was that Mr. Chambers had been selected to fill a vacancy as Assistant Director, Fire and Aviation Management, and that it was critical to fill the vacancy immediately. A second decision memorandum was submitted on November 19, 1993, requesting the transfer of Mr. Chambers. Thus, the record shows that from April 1993 to December 1993, the Forest Service pursued its request for an exception to allow Mr. Chambers to change duty stations. On December 5, 1993, USDA granted final approval for Mr. Chambers to transfer and a Travel Authorization for that purpose was issued on December 22, 1993. The estimated dates of travel were shown to be September 21-28, 1993. While Mr. Chambers was awaiting written orders, the record shows that he relied on the stated intention of the Forest Service to transfer him. On June 11, 1993, Mr. Chambers put his home in Utah on the real estate market, and he entered into a sales agreement on June 17, 1993, with a possession date of September 1, 1993. The final settlement date was September 15, 1993. In addition, he signed a sales contract on August 16, 1993, to purchase a residence in the Washington, DC, metropolitan area. The settlement date of that purchase was September 23, 1993. On September 17, 1993, Mr. Chambers began a detail from Ogden, Utah, to Laramie, Wyoming; York, Nebraska; Galesburg, Illinois; and Zanesville, Ohio, with a scheduled return to Ogden, Utah. According to the travel authorization dated October 5, 1993, the travel was authorized to begin on September 17, 1993, and end on September 21, 1993. Instead of returning to Ogden, however, Mr. Chambers traveled to Washington, DC, from Ohio on September 21, 1993, and later submitted a voucher for reimbursement of expenses incurred in Washington, DC, on September 27, 28, and 30, 1993. Mr. Chambers was on leave September 22-24, 1993. Apparently, Mr.