B-141295, DEC. 22, 1959

B-141295, DEC. 22, 1959

TO MISS MARGUERITE KOVELAS:

YOUR LETTER OF NOVEMBER 7, 1959, RELATES TO OUR OFFICE SETTLEMENT OF SEPTEMBER 23, 1958, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF TRAVEL EXPENSES FOR YOU AND YOUR DEPENDENT AND PER DIEM AND SALARY FOR RETURN TRAVEL TO THE UNITED STATES INCIDENT TO YOUR SEPARATION FROM THE SERVICE OVERSEAS WITH THE DEPARTMENT OF THE AIR FORCE.

THE RECORD SHOWS YOU RECEIVED AN EXCEPTED APPOINTMENT (INDEFINITE) WITH THE DEPARTMENT OF THE AIR FORCE AT ATHENS, GREECE, ON SEPTEMBER 9, 1954. YOU RESIGNED FROM YOUR POSITION AUGUST 9, 1955, AND TRAVEL ORDER NO. LO 88 -55, DATED AUGUST 20, 1955, PROVIDED FOR YOUR RETURN TO THE UNITED STATES FOR YOU AND YOUR DEPENDENT. THE ORDER AUTHORIZED 41 DAYS' DELAY EN ROUTE TO THE PORT OF EMBARKATION FOR THE PURPOSE OF VISITING GERMANY, FRANCE, AND ITALY. BY AMENDMENT TO THE TRAVEL ORDER YOU WERE AUTHORIZED AN ADDITIONAL DELAY FOR THE PURPOSE OF OBTAINING AND COMPLETING MEDICAL TREATMENT AT 7100TH U.S.A.F. HOSPITAL, WIESBADEN, GERMANY, FROM WHICH YOU WERE RELEASED NOVEMBER 29, 1955. THE EFFECTIVE DATE OF YOUR RESIGNATION AND FINAL SEPARATION FROM THE SERVICE WAS JANUARY 1, 1956. BY TRAVEL AUTHORIZATION WPCD (2-84), DATED FEBRUARY 15, 1956, RETURN TRAVEL WAS AUTHORIZED FOR YOU AND YOUR DEPENDENT TO THE UNITED STATES ON A SPACE AVAILABLE BASIS AT NO EXPENSE TO THE GOVERNMENT. YOU DELAYED YOUR RETURN FROM GERMANY UNTIL NOVEMBER 9, 1956.

YOU BELIEVE THAT THE TRAVEL ORDER OF FEBRUARY 13, 1956, SHOULD HAVE AUTHORIZED RETURN TRAVEL FOR YOU AND YOUR DEPENDENT AT GOVERNMENT EXPENSE. HOWEVER, REGARDLESS OF THE PROVISIONS OF THAT ORDER AND YOUR ENTITLEMENT, IF ANY, TO RETURN TRANSPORTATION EXPENSES AT THAT TIME, YOU DID NOT BEGIN YOUR RETURN TRAVEL FROM EUROPE UNTIL NOVEMBER 9, 1956, APPROXIMATELY 11 MONTHS AFTER YOUR FINAL SEPARATION FROM THE SERVICE.

PARAGRAPH 18 (E) OF CHAPTER 4 OF AIR FORCE MANUAL 40-10 READS IN PART AS FOLLOWS:

"AN EMPLOYEE WITH EARNED TRANSPORTATION ELIGIBILITY WHO ELECTS TO BE SEPARATED OVERSEAS TO REMAIN BEYOND A REASONABLE TIME AFTER THE DATE OF SEPARATION LOSES ELIGIBILITY FOR HIS TRANSPORTATION. * * * GENERALLY, A REASONABLE TIME AFTER DATE OF SEPARATION WILL BE CONSIDERED AS NOT IN EXCESS OF 90 DAYS * * *.'

ALTHOUGH THE PERIOD OF TIME WHICH CONSTITUTES "A REASONABLE TIME" MAY VARY, WE ARE OF THE VIEW THAT IN YOUR CASE THE DELAY OF 11 MONTHS FOR PERSONAL REASONS BEFORE YOU COMMENCED YOUR RETURN TRAVEL TO THE UNITED STATES AFTER YOUR FINAL SEPARATION COULD NOT BE CONSIDERED UNDER THE REGULATION AS A REASONABLE TIME. MOREOVER, UNDER THE PROVISIONS OF SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 73B-3, APPLICABLE HERE, OUR OFFICE HAS HELD THAT THE EMPLOYEE WHO DOES NOT RETURN TO THE UNITED STATES WITHIN A REASONABLE TIME AFTER SEPARATION MAY NOT BE ALLOWED RETURN TRAVEL EXPENSES.

IN THE CIRCUMSTANCES, YOUR RETURN TRAVEL MAY NOT BE CONSIDERED AS BEING INCIDENTAL TO THE TERMINATION OF YOUR DUTY ASSIGNMENT OUTSIDE THE UNITED STATES AND, ACCORDINGLY, THE EXPENSES THEREOF ARE NOT PAYABLE UNDER SECTION 7 OF THE ACT.

THEREFORE, UPON THE PRESENT RECORD, THE DISALLOWANCE OF YOUR CLAIM FOR TRAVEL EXPENSES WAS PROPER AND UPON REVIEW THE SETTLEMENT IS SUSTAINED.