B-126660, JAN. 27, 1958

B-126660: Jan 27, 1958

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

YOU WERE EMPLOYED ORIGINALLY BY THE DEPARTMENT OF STATE IN 1949 TO PERFORM SERVICES IN CONNECTION WITH THE RCA PROGRAM IN KOREA. WAS ORIGINALLY EARNED WITH THE DEPARTMENT OF STATE AND WAS ASSUMED BY EACH SUCCESSIVE AGENCY WHICH EMPLOYED YOU IN THE FAR EAST. YOU WERE REACHED FOR SEPARATION UNDER A REDUCTION IN FORCE AND. YOU WERE GIVEN TRAVEL ORDERS AUTHORIZING TRAVEL FOR YOURSELF AND YOUR DEPENDENTS FROM TOKYO TO KINDERHOOK TO COMMENCE ON OR ABOUT JUNE 14. YOUR TRAVEL ORDERS WERE AMENDED TO CHANGE YOUR AUTHORIZED DESTINATION FROM KINDERHOOK. YOU WERE DENIED REIMBURSEMENT FOR TRANSPORTATION AND TRAVEL EXPENSES OF YOURSELF AND YOUR DEPENDENTS FROM SEATTLE TO KINDERHOOK. WHICH TRAVEL APPARENTLY WAS PERFORMED WITHIN A FEW MONTHS AFTER OBTAINING EMPLOYMENT IN SEATTLE.

B-126660, JAN. 27, 1958

TO MR. A. T. MESCHTER:

YOUR LETTER OF DECEMBER 9, 1957, REQUESTS REVIEW OF OUR SETTLEMENT OF OCTOBER 10, 1957, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL EXPENSES OF YOURSELF AND YOUR DEPENDENTS FROM SAN FRANCISCO, CALIFORNIA, TO NEW YORK, NEW YORK.

YOU WERE EMPLOYED ORIGINALLY BY THE DEPARTMENT OF STATE IN 1949 TO PERFORM SERVICES IN CONNECTION WITH THE RCA PROGRAM IN KOREA. UPON TERMINATION OF THAT PROGRAM, YOU REMAINED IN THE FAR EAST IN THE EMPLOY OF THE DEPARTMENT OF THE NAVY, DEPARTMENT OF THE ARMY AND THE MARITIME ADMINISTRATION WITHOUT A BREAK IN SERVICE. YOU SAY YOUR ENTITLEMENT TO RETURN TO PLACE OF RESIDENCE, KINDERHOOK, NEW YORK, WAS ORIGINALLY EARNED WITH THE DEPARTMENT OF STATE AND WAS ASSUMED BY EACH SUCCESSIVE AGENCY WHICH EMPLOYED YOU IN THE FAR EAST.

WHILE SERVING WITH THE MARITIME ADMINISTRATION IN TOKYO, JAPAN, YOU WERE REACHED FOR SEPARATION UNDER A REDUCTION IN FORCE AND, CONSEQUENTLY, YOU WERE GIVEN TRAVEL ORDERS AUTHORIZING TRAVEL FOR YOURSELF AND YOUR DEPENDENTS FROM TOKYO TO KINDERHOOK TO COMMENCE ON OR ABOUT JUNE 14, 1955. YOU TRAVELED IN ACCORDANCE WITH THOSE ORDERS UNTIL YOU REACHED SAN FRANCISCO, CALIFORNIA, WHERE YOU CHOSE TO REMAIN FOR APPROXIMATELY ONE WEEK. THEREAFTER YOU TRAVELED TO SEATTLE, WASHINGTON, WHERE, AFTER A PERIOD OF INVOLUNTARY ANNUAL LEAVE, YOU OBTAINED EMPLOYMENT WITH THE MARITIME ADMINISTRATION FACILITY LOCATED IN THAT CITY. SUBSEQUENTLY, BUT PRIOR TO TRAVEL TO NEW YORK, YOUR TRAVEL ORDERS WERE AMENDED TO CHANGE YOUR AUTHORIZED DESTINATION FROM KINDERHOOK, NEW YORK, TO SEATTLE, WASHINGTON. SUBSEQUENTLY, YOU WERE DENIED REIMBURSEMENT FOR TRANSPORTATION AND TRAVEL EXPENSES OF YOURSELF AND YOUR DEPENDENTS FROM SEATTLE TO KINDERHOOK, WHICH TRAVEL APPARENTLY WAS PERFORMED WITHIN A FEW MONTHS AFTER OBTAINING EMPLOYMENT IN SEATTLE.

THIS DENIAL WAS BASED ON INTERPRETATIONS OF CERTAIN DECISIONS OF THE COMPTROLLER GENERAL OF THE UNITED STATES. YOU WERE TOLD THAT YOUR EMPLOYMENT AT THE SEATTLE OFFICE OF THE MARITIME ADMINISTRATION WAS ACCOMPLISHED BY MEANS OF A TRANSFER, SINCE IT WAS A CHANGE OF OFFICIAL STATION WITHOUT A BREAK IN SERVICE. 27 COMP. GEN. 757. THEN YOU WERE INFORMED THAT TRANSFERS OF OVERSEAS EMPLOYEES TO POSITIONS IN THE UNITED STATES COME WITHIN THE PURVIEW OF SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 73-B1, RATHER THAN SECTION 7 OF SAID ACT, WHICH IS THE SECTION GRANTING OVERSEAS EMPLOYEES THE RIGHT TO RETURN TRANSPORTATION TO THEIR RESIDENCE IN THE UNITED STATES UPON SEPARATION FROM THE SERVICE. 27 COMP. GEN. 282.

WE UNDERSTOOD THAT YOU ESTABLISHED A RESIDENCE IN SEATTLE AND RETAINED YOUR HOUSEHOLD GOODS IN THAT CITY UNTIL JULY 1, 1956, AT WHICH TIME YOU, YOUR DEPENDENTS, AND YOUR HOUSEHOLD GOODS WERE MOVED TO WASHINGTON, D.C.AT GOVERNMENT EXPENSE INCIDENT TO A TRANSFER OF YOUR PERMANENT DUTY STATION FROM SEATTLE, WASHINGTON TO WASHINGTON, D.C. THUS IT IS EVIDENT THAT THE REQUIREMENTS OF SECTION 7 HAVE NOT BEEN MET AND THAT, IN THE CIRCUMSTANCES, WE SEE NO BASIS UNDER THE STATUTE FOR ALLOWANCE OF TRAVEL EXPENSES TO ANY POINT OTHER THAN SEATTLE.