B-123222, MAY 18, 1955

B-123222: May 18, 1955

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AT THAT TIME NO EMPLOYMENT AGREEMENT WAS EXECUTED BY THE EMPLOYEE TO REMAIN WITH THE GOVERNMENT SERVICE FOR A STIPULATED PERIOD OF SERVICE AS REQUIRED BY SECTION 7. HE TRANSFERRED BACK TO THE CIVIL AERONAUTICS ADMINISTRATION AT WHICH TIME HE SIGNED AN EMPLOYMENT AGREEMENT WHICH PROVIDED THAT RETURN TRANSPORTATION TO THE UNITED STATES WILL NOT BE GRANTED AT THE DEPARTMENT'S EXPENSE UNLESS HE REMAINS IN THE SERVICE AFTER THE DATE OF HIS ARRIVAL AT HIS POST OF DUTY FOR A PERIOD OF ONE YEAR. AS FOLLOWS: "THE EFFECT OF THE AMENDMENT ACCOMPLISHED BY THE ENACTMENT OF PUBLIC LAW 830 WAS TO ESTABLISH. YOU ARE ADVISED THAT SINCE HE WAS NOT AUTHORIZED TO TRAVEL BY PRIVATELY OWNED BOAT HE MAY BE REIMBURSED ONLY UPON AN ACTUAL EXPENSE BASIS NOT TO EXCEED THE COST OF AVAILABLE COMMON CARRIER AS PROVIDED IN PARAGRAPH 12 OF THE STANDARIZED GOVERNMENT TRAVEL REGULATIONS.

B-123222, MAY 18, 1955

PRECIS-UNAVAILABLE

MR. CARL A. OLSON:

BY LETTER DATED MARCH 9, 1955, THE CHIEF, ACCOUNTING DIVISION, CIVIL AERONAUTICS ADMINISTRATION, FORWARDED HERE FOR OUR CONSIDERATION YOUR LETTER OF JANUARY 13, 1955, WHEREIN YOU REQUEST OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT TWO VOUCHERS THEREWITH TRANSMITTED IN FAVOR OF MR. JOHN R. WEST, ONE FOR $288.75 COVERING REIMBURSEMENT FOR COST OF COMMERCIAL AIR TRANSPORTATION OF HIS DEPENDENTS, AND THE OTHER FOR $145 REPRESENTING THE CONSTRUCTIVE COST OF SURFACE TRANSPORTATION FOR HIMSELF ON HIS PRIVATELY OWNED SAILING VESSEL FROM HONOLULU, HAWAII, TO SAN FRANCISCO, CALIFORNIA.

THE RECORD SHOWS THAT THE CLAIMANT OBTAINED EMPLOYMENT WITH THE PAN AMERICAN AIRWAYS, INC., IN 1947, IN SAN FRANCISCO, CALIFORNIA, AND HAD SERVED WITH THAT CONCERN IN MIDWAY ISLAND FROM MARCH 31 TO JUNE 30, 1947. IN JULY 1947, THE CIVIL AERONAUTICS ADMINISTRATION TOOK OVER THE AERONAUTICAL RADIO OPERATION ON MIDWAY ISLAND, AND THE PERSONNEL ACTION, FORM SF-50, SHOWS HIS APPOITMENT EFFECTIVE JULY 1, 1947, AT MIDWAY ISLAND, AS AN OVERSEAS COMMUNICATOR, GRADE CAF-7, WITH THE CIVIL AERONAUTICS ADMINISTRATION. THAT DOCUMENT SHOWED HIS LEGAL RESIDENCE AS CALIFORNIA. AT THAT TIME NO EMPLOYMENT AGREEMENT WAS EXECUTED BY THE EMPLOYEE TO REMAIN WITH THE GOVERNMENT SERVICE FOR A STIPULATED PERIOD OF SERVICE AS REQUIRED BY SECTION 7, PUBLIC LAW 600, 60 STAT. 806, 808. ON JULY 9, 1951, HE TRANSFERRED TO THE TRUST TERRITORY OF THE PACIFIC, DEPARTMENT OF INTERIOR. ON JUNE 25, 1953, HE TRANSFERRED BACK TO THE CIVIL AERONAUTICS ADMINISTRATION AT WHICH TIME HE SIGNED AN EMPLOYMENT AGREEMENT WHICH PROVIDED THAT RETURN TRANSPORTATION TO THE UNITED STATES WILL NOT BE GRANTED AT THE DEPARTMENT'S EXPENSE UNLESS HE REMAINS IN THE SERVICE AFTER THE DATE OF HIS ARRIVAL AT HIS POST OF DUTY FOR A PERIOD OF ONE YEAR. RESIGNED EFFECTIVE JULY 31, 1954. HIS DEPENDENTS (WIFE, TWO SONS, AND DAUGHTER) RETURNED TO THE UNITED STATES BY AIR, WHEREAS HE RETURNED VIA HIS PRIVATELY OWNED SAILING VESSEL.

IN OUR DECISION OF JUNE 25, 1952, B-108678, 31 COMP. GEN. 683, WE HELD, REGARDING AN EMPLOYEE'S ENTITLEMENT TO RETURN TRANSPORTATION, AS FOLLOWS:

"THE EFFECT OF THE AMENDMENT ACCOMPLISHED BY THE ENACTMENT OF PUBLIC LAW 830 WAS TO ESTABLISH, WITH RESPECT TO AN EMPLOYEE SERVING OUTSIDE OF THE UNITED STATES UNDER AN AGREEMENT FOR A PERIOD OF ONE TO THREE YEARS, A VESTED RIGHT TO RETURN TRANSPORTATION INCIDENT TO SEPARATION UPON COMPLETION OF THE AGREED PERIOD OF SERVICE. ***"

IN VIEW OF THE MANDATORY RETURN TRANSPORTATION PROVISION IN PUBLIC LAW 830, REFERRED TO IN THAT PART OF THE DECISION JUST QUOTED, THE EMPLOYEE WOULD BE ENTITLED TO RETURN TRANSPORTATION TO THE PLACE OF HIS ACTUAL RESIDENCE IN THE UNITED STATES TO THE EXTENT AUTHORIZED BY LAW. 30 COMP. GEN. 231; 32 ID. 183, 323; 33 ID. 623. ACCORDINGLY, THE CLAIMANT WOULD BE ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS BY AIR FROM HONOLULU, HAWAII, TO HIS PLACE OF RESIDENCE IN THE UNITED STATES. HENCE, THE VOUCHER FOR $288.75 MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.

REGARDING THE OTHER VOUCHER FOR $145, COVERING REIMBURSEMENT OF THE CONSTRUCTIVE COST OF TRAVEL BY COMMERCIAL VESSEL FOR MR. WEST BETWEEN THE SAME POINTS, YOU ARE ADVISED THAT SINCE HE WAS NOT AUTHORIZED TO TRAVEL BY PRIVATELY OWNED BOAT HE MAY BE REIMBURSED ONLY UPON AN ACTUAL EXPENSE BASIS NOT TO EXCEED THE COST OF AVAILABLE COMMON CARRIER AS PROVIDED IN PARAGRAPH 12 OF THE STANDARIZED GOVERNMENT TRAVEL REGULATIONS, PLUS APPLICABLE PER DIEM IN LIEU OF SUBSISTENCE. THE ACTUAL EXPENSES PROVIDED FOR IN SAID PARAGRAPH OF THE REGULATIONS ARE THE COST OF GASOLINE AND OIL. IN THE ABSENCE OF INFORMATION AS TO THE QUANTITY OF GASOLINE AND OIL CONSUMED, THE UNIT PRICE PER GALLON OR QUART PAID, THE VOUCHER FOR REIMBURSEMENT OF THE COST OF CONSTRUCTIVE TRAVEL OF MR. WEST - WHICH WAS SUBMITTED SOLELY UPON THE BASIS OF PROVISIONING THE VESSEL WITH FOOD COSTING $218.46 - MAY NOT BE CERTIFIED FOR PAYMENT UPON THE PRESENT RECORD.

THE VOUCHERS ARE RETURNED HEREWITH.