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B-103172, MAY 17, 1951, 30 COMP. GEN. 457

B-103172 May 17, 1951
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WHO WAS FURNISHED TRANSPORTATION TO OKLAHOMA TO ATTEND A TRAINING SCHOOL PRIOR TO UNDERTAKING HIS ALASKA ASSIGNMENT AND WHO ELECTED TO RESIGN RATHER THAN BE INVOLUNTARILY SEPARATED FOR REASONS BEYOND HIS CONTROL SO AS TO BE ENTITLED TO PAYMENT OF TRAVELING EXPENSES TO THE POINT OF HIRE. 1951: REFERENCE IS MADE TO YOUR LETTER OF APRIL 10. THE VOUCHER APPEARS TO HAVE BEEN ORIGINALLY PREPARED TO COVER ADDITIONAL ITEMS BUT APPARENTLY ALL BUT THE $4.50 ITEM WERE ELIMINATED ADMINISTRATIVELY AND NO QUESTION CONCERNING THE ELIMINATED ITEMS IS PRESENTED. THE CLAIMANT SIGNED AN EMPLOYMENT AGREEMENT TO SERVE THREE YEARS IN ALASKA PURSUANT TO WHICH HE WAS FURNISHED TRANSPORTATION FROM NEW YORK CITY TO OKLAHOMA CITY TO ATTEND A TRAINING SCHOOL.

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B-103172, MAY 17, 1951, 30 COMP. GEN. 457

TRAVELING EXPENSES - CONTRACT EMPLOYEES - MINIMUM SERVICE REQUIREMENTS AN EMPLOYEE, SERVING UNDER AN EMPLOYMENT AGREEMENT REQUIRING THREE YEARS' SERVICE IN ALASKA IN ORDER TO ENTITLE HIM TO RETURN TRANSPORTATION, UNLESS SEPARATED FOR REASONS BEYOND HIS CONTROL, WHO WAS FURNISHED TRANSPORTATION TO OKLAHOMA TO ATTEND A TRAINING SCHOOL PRIOR TO UNDERTAKING HIS ALASKA ASSIGNMENT AND WHO ELECTED TO RESIGN RATHER THAN BE INVOLUNTARILY SEPARATED FOR REASONS BEYOND HIS CONTROL SO AS TO BE ENTITLED TO PAYMENT OF TRAVELING EXPENSES TO THE POINT OF HIRE.

COMPTROLLER GENERAL WARREN TO W. K. CHAMBARD, DEPARTMENT OF COMMERCE, MAY 17, 1951:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 10, 1951, FORWARDED BY LETTER OF APRIL 30, 1951, FROM THE CHIEF, ACCOUNTING DIVISION, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED IN FAVOR OF DAVID P. CORDELL FOR $4.50, REPRESENTING PAYMENT FOR ONE-HALF DAY'S PER DIEM COVERING RETURN TRAVEL FROM OKLAHOMA CITY TO NEW YORK CITY UPON HIS RESIGNATION FROM THE CIVIL AERONAUTICS ADMINISTRATION ON SEPTEMBER 4, 1950. THE VOUCHER APPEARS TO HAVE BEEN ORIGINALLY PREPARED TO COVER ADDITIONAL ITEMS BUT APPARENTLY ALL BUT THE $4.50 ITEM WERE ELIMINATED ADMINISTRATIVELY AND NO QUESTION CONCERNING THE ELIMINATED ITEMS IS PRESENTED.

IT APPEARS FROM YOUR SUBMISSION THAT ON JUNE 26, 1950, THE CLAIMANT SIGNED AN EMPLOYMENT AGREEMENT TO SERVE THREE YEARS IN ALASKA PURSUANT TO WHICH HE WAS FURNISHED TRANSPORTATION FROM NEW YORK CITY TO OKLAHOMA CITY TO ATTEND A TRAINING SCHOOL, THAT IN SUCH TRAINING HE FAILED IN TWO OUT OF THREE TECHNICAL SUBJECTS AND HAD HE NOT RESIGNED HE WOULD HAVE BEEN SEPARATED FOR REASONS BEYOND HIS CONTROL. THE EMPLOYMENT AGREEMENT, REQUIRING THREE YEARS' SERVICE IN ALASKA IN ORDER TO ENTITLE THE EMPLOYEE TO RETURN TRANSPORTATION AT GOVERNMENT EXPENSE, CONTAINED THE CONDITION ,UNLESS YOU ARE SEPARATED SOONER FOR REASONS BEYOND YOUR CONTROL.'

IN VIEW OF THE ADMINISTRATIVE REPORT THAT THIS EMPLOYEE ELECTED TO RESIGN RATHER THAN BE INVOLUNTARILY SEPARATED IT MAY BE CONCLUDED THAT HE WAS SEPARATED FOR REASONS BEYOND HIS CONTROL AND ENTITLED TO BE RETURNED TO THE POINT OF HIRE AT GOVERNMENT EXPENSE. THE VOUCHER IS RETURNED HEREWITH AND MAY BE CERTIFIED FOR PAYMENT IN THE AMOUNT OF $4.50, IN THE ABSENCE OF OTHER OBJECTION.

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