B-132693, OCT. 22, 1957
Highlights
68 STAT. 1008) REGARDING HOME LEAVE OF OVERSEAS EMPLOYEE WHO HAVE SATISFACTORILY COMPLETED AN AGREED PERIOD OF SERVICE OVERSEAS PROVIDES THAT THERE BE NO EXPENSE TO THE EMPLOYEES WHEN RETURNING TO THE UNITED STATES WITH DEPENDENTS FOR HOME LEAVE. THERE IS NOTHING IN THE STATUTE THAT PROVIDES THAT DEPENDENTS OF EMPLOYEES WILL TRAVEL ON HOME LEAVE AT NO EXPENSE TO THE EMPLOYEE. IS NOT CHARGED FOR MEALS OF HIS DEPENDENTS BECAUSE THE PRICE OF SUCH MEALS IS INCLUDED IN THE FARES. THE TRAVEL OF DEPENDENTS ON SHIPS OF THE MILITARY SEA TRANSPORTATION SERVICE IS SIMILAR TO TRAVEL BY RAILWHERE THE FARES LIKEWISE DO NOT INCLUDE THE COST OF MEALS. SINCE THE MILITARY SEA TRANSPORTATION SERVICE HAS NOT SEEM FIT TO INCLUDE THE COST OF MEALS IN ESTABLISHING FARES FOR DEPENDENTS OF CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE TRAVELING ON A SPACE REQUIREMENT BASIS WE ARE WITHOUT AUTHORITY TO REIMBURSE YOUR FOR EXPENDITURES MADE FOR SUCH MEALS.
B-132693, OCT. 22, 1957
TO MR. DAVID A. EBERENZ:
YOUR LETTER OF AUGUST 29, 1957, STATES YOUR UNDERSTANDING TO BE THAT THE LAW (ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 68 STAT. 1008) REGARDING HOME LEAVE OF OVERSEAS EMPLOYEE WHO HAVE SATISFACTORILY COMPLETED AN AGREED PERIOD OF SERVICE OVERSEAS PROVIDES THAT THERE BE NO EXPENSE TO THE EMPLOYEES WHEN RETURNING TO THE UNITED STATES WITH DEPENDENTS FOR HOME LEAVE.
THE STATUTE (68 STAT. 1008) PROVIDES "THAT EXPENSES OF ROUND TRIP TRAVEL OF EMPLOYEES AND TRANSPORTATION OF IMMEDIATE FAMILY * * * SHALL BE ALLOWED.' THERE IS NOTHING IN THE STATUTE THAT PROVIDES THAT DEPENDENTS OF EMPLOYEES WILL TRAVEL ON HOME LEAVE AT NO EXPENSE TO THE EMPLOYEE. THE TERM "TRANSPORTATION OF IMMEDIATE FAMILY" AS USED IN 68 STAT. 1008, DOES NOT INCLUDE PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE TO MEMBERS OF AN EMPLOYEE'S IMMEDIATE FAMILY OR MAKE ANY PROVISIONS FOR REIMBURSEMENT FOR COST OF MEALSON GOVERNMENT VESSELS.
OF COURSE, WE REALIZE THAT ORDINARILY AN EMPLOYEE TRAVELING TO OR FROM AN OVERSEAS STATION WITH HIS DEPENDENTS BY COMMERCIAL VESSEL, IS NOT CHARGED FOR MEALS OF HIS DEPENDENTS BECAUSE THE PRICE OF SUCH MEALS IS INCLUDED IN THE FARES. HOWEVER, WE UNDERSTAND THAT THE MILITARY SEA TRANSPORTATION SERVICE, IN ESTABLISHING THE FARES FOR DEPENDENTS OF EMPLOYEES OF THE DEPARTMENT OF DEFENSE TRAVELING UNDER ORDERS ON A SPACE REQUIREMENT BASIS, FOR WHICH THE MILITARY SEA TRANSPORTATION SERVICE RECEIVES REIMBURSEMENT, MAKES NO PROVISION IN SUCH FARES FOR COST OF MEALS TO SUCH DEPENDENTS. UNDER SUCH CIRCUMSTANCES, THE TRAVEL OF DEPENDENTS ON SHIPS OF THE MILITARY SEA TRANSPORTATION SERVICE IS SIMILAR TO TRAVEL BY RAILWHERE THE FARES LIKEWISE DO NOT INCLUDE THE COST OF MEALS.
SINCE THE MILITARY SEA TRANSPORTATION SERVICE HAS NOT SEEM FIT TO INCLUDE THE COST OF MEALS IN ESTABLISHING FARES FOR DEPENDENTS OF CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE TRAVELING ON A SPACE REQUIREMENT BASIS WE ARE WITHOUT AUTHORITY TO REIMBURSE YOUR FOR EXPENDITURES MADE FOR SUCH MEALS.
COPIES OF YOUR TWO CLAIMS, TOGETHER WITH COPIES OF THE PRINTED MATTER FILED IN SUPPORT THEREOF, ARE RETURNED HEREWITH AS REQUESTED.