B-123411, APRIL 20, 1955, 34 COMP. GEN. 540

B-123411: Apr 20, 1955

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TRAVELING EXPENSES - TRANSPORTATION - EMPLOYEES APPOINTED OR ASSIGNED TO DUTY OVERSEAS - RETURN TO THE UNITED STATES FOR LEAVE AN EMPLOYEE WHOSE ACTUAL RESIDENCE AT TIME OF EMPLOYMENT IN HONOLULU WAS IN THE UNITED STATES. WHO IS WILLING TO SIGN AN EMPLOYMENT AGREEMENT TO SERVE ANOTHER TOUR OF DUTY IN THE PACIFIC AREA. IF ACTUAL RESIDENCE IN THE UNITED STATES IS ESTABLISHED. DEVIATES FROM DIRECT ROUTE TO LEAVE ONE SON AT A LOCATION ENROUTE MAY BE ALLOWED TRANSPORTATION EXPENSES OF SON FROM THE OFFICIAL STATION TO SUCH LOCATION AND RETURN PROVIDED THE COST OF SUCH TRANSPORTATION IS NOT MORE THAN THE COST WOULD BE HAD THE SON ACCOMPANIED THE EMPLOYEE TO THE UNITED STATES. ANY ADDITIONAL COSTS INCURRED BY THE EMPLOYEE AND OTHER MEMBERS OF THE FAMILY BY REASON OF SUCH DEVIATION ARE PERSONAL OBLIGATIONS.

B-123411, APRIL 20, 1955, 34 COMP. GEN. 540

TRAVELING EXPENSES - TRANSPORTATION - EMPLOYEES APPOINTED OR ASSIGNED TO DUTY OVERSEAS - RETURN TO THE UNITED STATES FOR LEAVE AN EMPLOYEE WHOSE ACTUAL RESIDENCE AT TIME OF EMPLOYMENT IN HONOLULU WAS IN THE UNITED STATES, AND WHO IS WILLING TO SIGN AN EMPLOYMENT AGREEMENT TO SERVE ANOTHER TOUR OF DUTY IN THE PACIFIC AREA, MAY BE ALLOWED DIRECT ROUND-TRIP TRAVEL AND TRANSPORTATION EXPENSES FOR HIMSELF AND IMMEDIATE FAMILY FOR PURPOSE OF TAKING LEAVE IN THE UNITED STATES, PURSUANT TO THE HOME LEAVE ACT OF AUGUST 31, 1954, IF ACTUAL RESIDENCE IN THE UNITED STATES IS ESTABLISHED. AN OVERSEAS EMPLOYEE WHO, INCIDENT TO RETURNING TO THE UNITED STATES FOR HOME LEAVE PURPOSES, DEVIATES FROM DIRECT ROUTE TO LEAVE ONE SON AT A LOCATION ENROUTE MAY BE ALLOWED TRANSPORTATION EXPENSES OF SON FROM THE OFFICIAL STATION TO SUCH LOCATION AND RETURN PROVIDED THE COST OF SUCH TRANSPORTATION IS NOT MORE THAN THE COST WOULD BE HAD THE SON ACCOMPANIED THE EMPLOYEE TO THE UNITED STATES; HOWEVER, ANY ADDITIONAL COSTS INCURRED BY THE EMPLOYEE AND OTHER MEMBERS OF THE FAMILY BY REASON OF SUCH DEVIATION ARE PERSONAL OBLIGATIONS. AN OVERSEAS EMPLOYEE WHOSE DEPENDENT MOTHER REMAINED IN THE UNITED STATES AND DID NOT PROCEED TO HIS OVERSEAS STATION WITHIN THE TWO-YEAR ELIGIBILITY PERIOD FOR DEPENDENT TRAVEL IN EXECUTIVE ORDER NO. 9805 MAY NOT BE ALLOWED TRANSPORTATION FOR THE MOTHER TO RETURN WITH THE EMPLOYEE TO HIS OVERSEAS STATION FOLLOWING PERIOD OF HOME LEAVE.

COMPTROLLER GENERAL CAMPBELL TO THE SECRETARY OF COMMERCE, APRIL 20, 1955:

IN YOUR LETTER OF MARCH 24, 1955, YOU REQUEST A DECISION WHETHER TWO EMPLOYEES (HUSBAND AND WIFE) OF THE WEATHER BUREAU WHO WERE APPOINTED IN HONOLULU, HAWAII, AND MIDWAY IN 1947 AND 1951, RESPECTIVELY, AND HAVE SERVED CONTINUOUSLY IN THE PACIFIC AREA, MAY BE ALLOWED TRAVEL AND TRANSPORTATION EXPENSES TO EAST ST. LOUIS, ILLINOIS FOR LEAVE PURPOSES UNDER SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED BY THE ACT OF AUGUST 31, 1954, 68 STAT. 1008. YOU ALSO REQUEST A DECISION WHETHER THE HUSBAND'S DEPENDENT MOTHER, WHO PRESENTLY RESIDES IN EAST ST. LOUIS, ILLINOIS, MAY BE AUTHORIZED TO RETURN WITH HER SON TO HIS PERMANENT DUTY STATION AT GOVERNMENT EXPENSE.

IT APPEARS FROM YOUR LETTER THAT THE HUSBAND MARRIED A RESIDENT OF KONA, HAWAII, WHILE SERVING WITH THE UNITED STATES ARMY AIR FORCE IN HAWAII, AND RETURNED TO THE UNITED STATES WHERE HE WAS HONORABLY DISCHARGED AT FORT LAWTON, WASHINGTON. PRIOR TO HIS MILITARY SERVICE HE RESIDED IN EAST ST. LOUIS, ILLINOIS, WHERE HIS MOTHER NOW LIVES. HE RETURNED TO HONOLULU AT HIS OWN EXPENSE AND WAS APPOINTED TO A POSITION WITH THE WEATHER BUREAU AIRPORT STATION IN HONOLULU. YOUR LETTER INDICATES THAT THE HUSBAND CLAIMS THAT HIS RESIDENCE IS STILL IN THE UNITED STATES. BOTH OF THE EMPLOYEES HAVE INDICATED THEIR WILLINGNESS TO SIGN EMPLOYMENT AGREEMENTS TO SERVE ANOTHER TOUR OF DUTY IN THE PACIFIC AREA AND WOULD LIKE TO BEGIN TRAVEL FOR LEAVE PURPOSES IN APRIL 1955. THEY WISH TO TRAVEL WITH THEIR TWO CHILDREN FROM THEIR PRESENT DUTY STATION, TRUK, TO HONOLULU, TO KONA, HAWAII, LEAVE ONE CHILD WITH THE PARENTS OF THE WIFE, AND CONTINUE FROM KONA TO EAST ST. LOUIS, ILLINOIS. THEY WILL TAKE LEAVE AT EAST ST. LOUIS AND RETURN WITH THE HUSBAND'S DEPENDENT MOTHER TO TRUK VIA KONA TO PICK UP THE CHILD.

PRIOR TO THE ENACTMENT OF THE ACT OF AUGUST 31, 1954, WE HELD IN 30 COMP. GEN. 231 THAT UNDER SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, AS AMENDED BY THE ACT OF SEPTEMBER 23, 1950, 64 STAT. 985, AN EMPLOYEE WHO WAS LOCALLY HIRED AT AN OVERSEAS STATION AND WHO CLAIMED RESIDENCE IN THE CONTINENTAL UNITED STATES WAS ENTITLED AS A MATTER OF RIGHT TO ALLOWANCE OF RETURN TRAVEL AND TRANSPORTATION UPON HIS SEPARATION FROM THE SERVICE AFTER A SPECIFIED PERIOD OF OVERSEAS DUTY IF HE ESTABLISHED AS A FACT THAT HIS ACTUAL RESIDENCE AT TIME OF APPOINTMENT WAS IN THE CONTINENTAL UNITED STATES. SO FAR AS MATERIAL HERE, THE ACT OF AUGUST 31, 1954, PERMITS THE GOVERNMENT TO PAY THE ROUND-TRIP TRAVEL AND TRANSPORTATION EXPENSES OF AN EMPLOYEE INCIDENT TO HIS RETURN TO HIS PLACE OF ACTUAL RESIDENCE FOR LEAVE PURPOSES AFTER A SPECIFIED PERIOD OF SERVICE OVERSEAS, THEREBY MAKING IT UNNECESSARY FOR HIM TO BE SEPARATED FROM THE SERVICE BEFORE HE BECOMES ENTITLED TO RETURN TRAVEL AND TRANSPORTATION EXPENSES. ACCORDINGLY, NOTWITHSTANDING HE WAS HIRED LOCALLY, THE HUSBAND IS ENTITLED TO REIMBURSEMENT OF OTHERWISE PROPER DIRECT ROUND-TRIP TRAVEL AND TRANSPORTATION EXPENSES OF HIMSELF AND HIS IMMEDIATE FAMILY, INCLUDING HIS WIFE, FROM TRUK TO EAST ST. LOUIS, PROVIDED HIS PLACE OF RESIDENCE IS, IN FACT, EAST ST. LOUIS AS CLAIMED. MOREOVER, PAYMENT OF OTHERWISE CORRECT TRANSPORTATION EXPENSES OF THE ONE SON BETWEEN TRUK AND KONA WOULD BE PROPER SINCE THE COST OF SUCH TRAVEL PRESUMABLY WILL BE LESS THAN THE COST HIS TRANSPORTATION WOULD BE BETWEEN TRUK AND EAST ST. LOUIS. ANY ADDITIONAL COSTS INCURRED BY THE EMPLOYEE AND THE OTHER MEMBERS OF HIS IMMEDIATE FAMILY BY REASON OF INDIRECT TRAVEL TO EAST ST. LOUIS VIA KONA ARE A PERSONAL OBLIGATION.

CONCERNING THE QUESTION WHETHER THE DEPENDENT MOTHER OF THE HUSBAND MAY BE ALLOWED TO RETURN WITH HER SON TO TRUK, YOU SAY THAT THE MOTHER IS NO LONGER ELIGIBLE FOR TRAVEL ON THE BASIS OF THE EMPLOYEE'S TRANSFER TO TRUK SINCE THE TWO-YEAR PERIOD OF ELIGIBILITY PROVIDED FOR IN EXECUTIVE ORDER NO. 9805 HAS EXPIRED. HE REQUESTS AUTHORITY FOR HER TRAVEL TO TRUK UNDER THE ACT OF AUGUST 31. THAT ACT AUTHORIZES ROUND TRIP TRANSPORTATION OF THE IMMEDIATE FAMILY OF AN EMPLOYEE BETWEEN HIS OVERSEAS DUTY STATION AND PLACE OF ACTUAL RESIDENCE INCIDENT TO HIS RIGHT TO RETURN TO THE RESIDENCE FOR PURPOSES OF LEAVE. SINCE THE DEPENDENT MOTHER DID NOT PROCEED OVERSEAS WITH THE PRESCRIBED TIME LIMIT AND IS RESIDING AT THE EMPLOYEE'S PLACE OF RESIDENCE IN THE UNITED STATES, SHE IS NOT ELIGIBLE UNDER THE AUGUST 31 ACT FOR TRANSPORTATION TO TRUK AT GOVERNMENT EXPENSE.