B-129372, NOV. 14, 1956
Highlights
THE AMERICAN BATTLE MONUMENTS OMMISSION: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 27. DURING THIS TIME HE WAS SEEKING EMPLOYMENT WITH OTHER UNITED STATES GOVERNMENT AGENCIES IN FRANCE. COCUCCI WAS SEPARATED ON AUGUST 3. HE WAS NOTIFIED BY LETTER ADDRESSED TO HIM AT ROTTERDAM. THAT HIS "FINAL DATE OF ELIGIBILITY FOR HOME RETURN AT COMMISSION EXPENSE FALLS ON 5 APRIL 1956" AND WAS ASKED TO ADVISE THE ADMINISTRATIVE OFFICE OF THE DATE HE PLANNED TO RETURN TO THE UNITED STATES. NOTHING FURTHER WAS HEARD FROM THE FORMER EMPLOYEE UNTIL THE SPRING OF 1956 WHEN HE APPEARED AT THE WASHINGTON OFFICE OF THE COMMISSION. NOTIFICATION OF HIS RETURN WAS GIVEN TO THE COMMISSION'S MEDITERRANEAN OFFICE WHICH.
B-129372, NOV. 14, 1956
TO MR. HARVEY E. CONWAY, AUTHORIZED CERTIFYING OFFICER, THE AMERICAN BATTLE MONUMENTS OMMISSION:
REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 27, 1956, TRANSMITTING A VOUCHER IN FAVOR OF SERAFINO A. COCUCCI, WHICH REPRESENTS REIMBURSEMENT FOR EXPENSES INCURRED BY THE PAYEE IN RETURN TRAVEL TO THE UNITED STATES AFTER THE TERMINATION OF HIS EMPLOYMENT IN EUROPE WITH THE COMMISSION. YOU REQUEST OUR DECISION AS TO THE PROPRIETY OF CERTIFYING THE VOUCHER FOR PAYMENT.
YOU SAY THAT MR. COCUCCI MET ALL THE REQUIREMENTS FOR RETURN TRANSPORTATION AT GOVERNMENT EXPENSE, BUT HE DID NOT RETURN UNTIL NINE MONTHS AFTER HIS SEPARATION. DURING THIS TIME HE WAS SEEKING EMPLOYMENT WITH OTHER UNITED STATES GOVERNMENT AGENCIES IN FRANCE, GERMANY AND ITALY.
IT APPEARS THAT MR. COCUCCI WAS SEPARATED ON AUGUST 3, 1955, WITH THE UNDERSTANDING THAT HIS DEPARTURE FOR THE UNITED STATES WOULD BE DELAYED. ON FEBRUARY 1, 1956, HE WAS NOTIFIED BY LETTER ADDRESSED TO HIM AT ROTTERDAM, HOLLAND, THAT HIS "FINAL DATE OF ELIGIBILITY FOR HOME RETURN AT COMMISSION EXPENSE FALLS ON 5 APRIL 1956" AND WAS ASKED TO ADVISE THE ADMINISTRATIVE OFFICE OF THE DATE HE PLANNED TO RETURN TO THE UNITED STATES. NOTHING FURTHER WAS HEARD FROM THE FORMER EMPLOYEE UNTIL THE SPRING OF 1956 WHEN HE APPEARED AT THE WASHINGTON OFFICE OF THE COMMISSION, INFORMED THEM THAT HE HAD PERFORMED RETURN TRAVEL AND REQUESTED REIMBURSEMENT. NOTIFICATION OF HIS RETURN WAS GIVEN TO THE COMMISSION'S MEDITERRANEAN OFFICE WHICH, ON JUNE 11, 1956, ISSUED CONFIRMATORY ORDERS FOR THE TRAVEL. THE VOUCHER INDICATES THAT MR. CONCUCCI DEPARTED EUROPE EN ROUTE TO THE UNITED STATES ON MAY 3, 1956, WHICH WAS APPROXIMATELY ONE MONTH AFTER THE ADMINISTRATIVELY DETERMINED FINAL DATE FOR ELIGIBILITY HAD EXPIRED.
SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 808, DOES NOT AUTHORIZE THE PAYMENT OF THE EXPENSES OF RETURN TRAVEL UPON SEPARATION OF AN EMPLOYEE WHO FOR VOLUNTARY PERSONAL REASONS ELECTS NOT TO RETURN WITHIN A REASONABLE PERIOD OF TIME AFTER THE DATE HIS ASSIGNMENT TO DUTY OUTSIDE THE UNITED STATES HAD BEEN TERMINATED. WHAT MAY BE CONSIDERED A REASONABLE PERIOD OF TIME IS DEPENDENT UPON ALL THE ATTENDANT CIRCUMSTANCES, SUCH AS, FOR EXAMPLE, THE EXISTENCE OF AVAILABLE FACILITIES BETWEEN THE TERMINATION OF THE DUTY AND THE COMMENCEMENT OF THE TRAVEL. 28 COMP. GEN. 285.
WE CONCLUDE ON THE PRESENT RECORD THAT THE EMPLOYEE'S RETURN TO THE UNITED STATES WAS NOT EFFECTED WITHIN A REASONABLE PERIOD OF TIME AFTER HIS TERMINATION, AND THEREFORE, HE MAY NOT BE REIMBURSED THE EXPENSES INCURRED IN SUCH TRAVEL.
ACCORDINGLY, THE VOUCHER WHICH IS RETURNED, MAY NOT BE CERTIFIED FOR PAYMENT.