B-126519, FEB 16, 1956

B-126519: Feb 16, 1956

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BAILEY: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 12. REQUESTING INFORMATION (1) WHETHER YOUR SON MAY BE AUTHORIZED SEPARATE RETURN TRANSPORTATION TO THE UNITED STATES IN MARCH 1956 AT GOVERNMENT EXPENSE BEFORE HE ATTAINS TWENTY-ONE YEARS OF AGE - WHICH WILL OCCUR ON APRIL 2. THE SECTION PROVIDES "THE AMOUNT OF THE REIMBURSEMENT SHALL NOT EXCEED THE AMOUNT THAT WOULD HAVE BEEN ALLOWABLE. THIS PROVISION IS CONSONANT WITH THE CONCLUDING PROVISO OF SECTION 7 OF THE ACT AS AMENDED AUGUST 31. AS YOU WILL NOT BECOME ELIGIBLE FOR RETURN TRAVEL AND TRANSPORTATION UNDER THE ADMINISTRATIVE EXPENSES ACT UNTIL AFTER YOUR SON ATTAINS 21 YEARS OF AGE. THE QUESTIONS PRESENTED ARE ANSWERED IN THE NEGATIVE.

B-126519, FEB 16, 1956

PRECIS-UNAVAILABLE

MR. CHARLES M. BAILEY:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 12, 1955, REQUESTING INFORMATION (1) WHETHER YOUR SON MAY BE AUTHORIZED SEPARATE RETURN TRANSPORTATION TO THE UNITED STATES IN MARCH 1956 AT GOVERNMENT EXPENSE BEFORE HE ATTAINS TWENTY-ONE YEARS OF AGE - WHICH WILL OCCUR ON APRIL 2, 1956 - OR (2) WHETHER UPON COMPLETION OF TWO YEARS OF DUTY ON OR ABOUT APRIL 9, 1956, YOU MAY BE REIMBURSED THE EXPENSE OF HIS RETURN TRANSPORTATION IN THE EVENT YOU SEND HIM HOME IN MARCH 1956, ALTHOUGH, YOU SAY, YOU DO NOT ANTICIPATE RETURNING TO THE UNITED STATES UNTIL LATER IN THE SUMMER.

SECTION 1(D) OF EXECUTIVE ORDER 9805 PROVIDES IN PERTINENT PART THAT "'IMMEDIATE FAMILY' MEANS ANY OF THE FOLLOWING-NAMED MEMBERS OF THE EMPLOYEE'S HOUSEHOLD: *** CHILDREN *** UNMARRIED AND UNDER TWENTY-ONE YEARS OF AGE ***." WHILE SECTION 29 OF EXECUTIVE ORDER 9805, ADDED BY BUREAU OF THE BUDGET CIRCULAR NO. A-4 DATED MAY 22, 1955, PERMITS AN EMPLOYEE TO BE REIMBURSED FOR EXPENSES OF THE ADVANCE RETURN OF HIS "IMMEDIATE FAMILY" FOR REASONS OTHER THAN THOSE REQUIRED BY THE PUBLIC INTEREST AS DESCRIBED IN THAT ORDER, THE SECTION PROVIDES "THE AMOUNT OF THE REIMBURSEMENT SHALL NOT EXCEED THE AMOUNT THAT WOULD HAVE BEEN ALLOWABLE, AT THE TIME THAT HE BECAME ELIGIBLE FOR RETURN AT GOVERNMENT EXPENSE ***." THIS PROVISION IS CONSONANT WITH THE CONCLUDING PROVISO OF SECTION 7 OF THE ACT AS AMENDED AUGUST 31, 1954, PUBLIC LAW 737, 68 STAT. 1009.

THEREFORE, AS YOU WILL NOT BECOME ELIGIBLE FOR RETURN TRAVEL AND TRANSPORTATION UNDER THE ADMINISTRATIVE EXPENSES ACT UNTIL AFTER YOUR SON ATTAINS 21 YEARS OF AGE, THE QUOTED REGULATIONS WOULD PRECLUDE THE ALLOWANCE OF HIS RETURN AT GOVERNMENT EXPENSE. ACCORDINGLY, THE QUESTIONS PRESENTED ARE ANSWERED IN THE NEGATIVE.