B-125100, OCT. 4, 1955

B-125100, OCT. 4, 1955

TO THE HONORABLE SECRETARY OF THE TREASURY:

ON AUGUST 2, 1955, THE ACTING SECRETARY REQUESTED OUR DECISION WHETHER AN EMPLOYEE OF YOUR DEPARTMENT IN HONOLULU IS ENTITLED TO TRAVEL FROM HAWAII TO OREGON AND RETURN ON HOME LEAVE PURSUANT TO THE ACT OF AUGUST 31, 1954, PUBLIC LAW 737. THE LETTER STATES THAT THE EMPLOYEE HAS SERVED IN HONOLULU SINCE JANUARY 29, 1947; THAT AT THE TIME OF HER TRANSFER TO HONOLULU SHE CLAIMED OREGON AS HER LEGAL RESIDENCE, BUT LATER EXERCISED VOTING PRIVILEGE IN HAWAII. HOWEVER, SHE SAYS THAT SHE DOES NOT CONSIDER HAWAII HER PERMANENT RESIDENCE AND UPON HER RETIREMENT INTENDS TO RETURN TO THE MAINLAND WHERE HER ENTIRE FAMILY RESIDES AND WHERE SHE HAS PERSONAL EFFECTS STORED. THE REASON STATED BY HER FOR VOTING IN HAWAII IS THAT SHE IS "NOT ELIGIBLE TO VOTE ON THE MAINLAND.'

THE ACT OF AUGUST 31, 1954, PUBLIC LAW 737, PROVIDES IN PERTINENT PART AS FOLLOWS:

"THAT EXPENSES OF ROUND TRIP TRAVEL OF EMPLOYEE AND TRANSPORTATION OF IMMEDIATE FAMILY BUT EXCLUDING HOUSEHOLD EFFECTS, FROM THEIR POSTS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES TO THE PLACES OF ACTUAL RESIDENCE AT TIME OF APPOINTMENT OR TRANSFER TO SUCH OVERSEAS POSTS OF DUTY, SHALL BE ALLOWED IN THE CASE OF PERSONS WHO HAVE SATISFACTORILY COMPLETED AN AGREED PERIOD OF SERVICE OVERSEAS AND ARE RETURNING TO THEIR ACTUAL PLACE OF RESIDENCE FOR THE PURPOSE OF TAKING LEAVE PRIOR TO SERVING ANOTHER TOUR OF DUTY AT THE SAME OR SOME OTHER OVERSEAS POST, UNDER A NEW WRITTEN AGREEMENT ENTERED INTO BEFORE DEPARTING FROM THE OVERSEAS POST. * * *"

UPON THE FACTS PRESENTED WE WOULD NOT BE REQUIRED TO OBJECT TO THE PAYMENT OF THE TRAVELING EXPENSES OF THE EMPLOYEE ON A ROUND TRIP BETWEEN HONOLULU AND OREGON FOR THE PURPOSE OF TAKING HOME LEAVE IF SHE OTHERWISE MEETS THE CONDITIONS SPECIFIED IN THE ABOVE ACT OF AUGUST 31, 1954.