B-125596, DEC. 7, 1955

B-125596: Dec 7, 1955

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DEPARTMENT OF THE INTERIOR: REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 20. 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: * * *" ALSO QUOTED ARE PERTINENT PROVISIONS OF REGULATIONS ISSUED BY THE BUREAU OF THE BUDGET ON MAY 2. - (1) MUST HAVE SATISFACTORILY COMPLETED AN AGREED-UPON PERIOD OF SERVICE .... (2) MUST HAVE ENTERED INTO A NEW WRITTEN AGREEMENT FOR ANOTHER PERIOD OF SERVICE AT THE SAME OR SOME OTHER POST OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES.

B-125596, DEC. 7, 1955

TO MR. H. A. SUPINO, AUTHORIZED CERTIFYING OFFICER, ALASKA ROAD COMMISSION, DEPARTMENT OF THE INTERIOR:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 20, 1955, ENCLOSING A TRAVEL VOUCHER IN FAVOR OF HALBERT E. ANDERSON, AN EMPLOYEE OF THE ALASKA ROAD COMMISSION, FOR TRAVEL EXPENSES INCURRED INCIDENT TO HIS RETURN TO THE UNITED STATES FOR HOME LEAVE PURPOSES PURSUANT TO THE PROVISIONS OF PUBLIC LAW 737, APPROVED AUGUST 31, 1954, 68 STAT. 1008.

YOU QUOTE THE APPLICABLE PROVISION OF THE LAW AS FOLLOWS:

"* * * PROVIDED FURTHER, 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: * * *"

ALSO QUOTED ARE PERTINENT PROVISIONS OF REGULATIONS ISSUED BY THE BUREAU OF THE BUDGET ON MAY 2, 1955, IMPLEMENTING THE LAW:

"/A) ELIGIBILITY. TO BE ELIGIBLE FOR TRAVEL AND TRANSPORTATION EXPENSES AS AUTHORIZED IN (B) BELOW, AN EMPLOYEE PRIOR TO DEPARTURE FROM HIS POST OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES--- (1) MUST HAVE SATISFACTORILY COMPLETED AN AGREED-UPON PERIOD OF SERVICE .... AND (2) MUST HAVE ENTERED INTO A NEW WRITTEN AGREEMENT FOR ANOTHER PERIOD OF SERVICE AT THE SAME OR SOME OTHER POST OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES. THE PERIOD OF SERVICE UNDER SUCH NEW AGREEMENT SHALL BEGIN UPON THE DATE OF HIS RETURN TO OR ARRIVAL AT SUCH POST OF DUTY AFTER LEAVE HAS BEEN TAKEN.'

YOU EXPLAIN THAT INSTRUCTIONS WERE ISSUED ON MARCH 3, 1955, WHICH SET OUT THE POLICY OF THE ALASKA ROAD COMMISSION CONCERNING THE TRAVEL AND TRANSPORTATION EXPENSES AUTHORIZED UNDER PUBLIC LAW 737. THESE INSTRUCTIONS ALSO PROVIDE THAT PRIOR TO TAKING SUCH LEAVE THE EMPLOYEE WILL COMPLETE A NEW WRITTEN AGREEMENT TO REMAIN IN THE SERVICE OF THE ALASKA ROAD COMMISSION FOR AN ADDITIONAL 30-MONTH PERIOD TO BEGIN UPON HIS RETURN TO HIS DUTY STATION AFTER LEAVE IS TAKEN.

THE TRAVEL FOR WHICH REIMBURSEMENT IS CLAIMED WAS PERFORMED BETWEEN JANUARY 7 AND MARCH 22, 1955. A NEW EMPLOYMENT AGREEMENT WAS EXECUTED BY MR. ANDERSON ON JULY 28, 1955, PROVIDING FOR ANOTHER PERIOD OF SERVICE BEGINNING UPON THE DATE OF RETURN TO DUTY AFTER LEAVE WAS TAKEN. WITH THE EXCEPTION OF THE REQUIREMENT THAT A NEW EMPLOYMENT AGREEMENT BE EXECUTED PRIOR TO DEPARTURE, YOU STATE THAT THE EMPLOYEE OTHERWISE HAS MET THE REQUIREMENTS FOR ELIGIBILITY. ADVICE IS REQUESTED AS TO WHETHER IN THE CIRCUMSTANCES THE VOUCHER MAY BE CERTIFIED FOR PAYMENT.

THE PURPOSE OF PUBLIC LAW 737 AS SET OUT IN HOUSE OF REPRESENTATIVES REPORT NO. 2096, 83D CONGRESS, IS TO AUTHORIZE THE PAYMENT OF EXPENSES OF ROUND-TRIP TRAVEL AND TRANSPORTATION FOR CIVILIAN GOVERNMENT EMPLOYEES AND THEIR FAMILIES BETWEEN TOURS OF DUTY OVERSEAS FOR THE PURPOSE OF TAKING LEAVE. A SIMILAR STATEMENT AS TO THE PURPOSE OF THIS LAW IS CONTAINED IN SENATE REPORT NO. 1944, 83D CONGRESS. THE CONDITIONS TO SUCH ENTITLEMENT ARE THAT THE TOUR OF DUTY BE COMPLETED AND THAT A NEW AGREEMENT FOR ANOTHER TOUR OF DUTY BE ENTERED INTO BEFORE DEPARTING FROM THE OVERSEAS POST. IN THE INSTANT CASE, THE TRAVEL WAS PERFORMED AFTER THE EFFECTIVE DATE OF THE ACT BUT BEFORE ADMINISTRATIVE REGULATIONS AND PROCEDURES WERE SET UP TO IMPLEMENT THE LAW. ALSO, WHILE AN EMPLOYMENT AGREEMENT FOR ANOTHER TOUR OF DUTY WAS NOT EXECUTED PRIOR TO DEPARTURE FOR LEAVE PURPOSES, THE AGREEMENT WAS EXECUTED PRIOR TO THE REIMBURSEMENT FOR SUCH TRAVEL EXPENSES. IN THE CIRCUMSTANCES, REIMBURSEMENT MAY BE MADE PURSUANT TO THE PROVISION OF PUBLIC LAW 737.

THE VOUCHER, WHICH IS RETURNED, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.