B-128152, JUL. 16, 1956

B-128152: Jul 16, 1956

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YOUR LAST DAY OF DUTY WAS DECEMBER 11. THE AUTHORITY TO REIMBURSE AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY FOR TRAVEL AND TRANSPORTATION EXPENSES INCIDENT TO AN OVERSEAS ASSIGNMENT IS THE ADMINISTRATIVE EXPENSES ACT OF 1946. PARTICULARLY PERTINENT IS THE PROVISION OF SECTION 7. MADE APPLICABLE BY SECTION 1 TO EMPLOYEES TRANSFERRED TO OVERSEAS DUTY: "* * * THAT EXPENSES OF RETURN TRAVEL AND TRANSPORTATION UPON SEPARATION FROM THE SERVICE * * * SHALL NOT BE ALLOWED UNLESS SUCH PERSONS SELECTED FOR APPOINTMENT OUTSIDE THE CONTINENTAL UNITED STATES SHALL HAVE SERVED FOR A MINIMUM PERIOD OF NOT LESS THAN ONE NOR MORE THAN THREE YEARS PRESCRIBED IN ADVANCE OF THE HEAD OF THE DEPARTMENT OR AGENCY CONCERNED OR UNLESS SEPARATION IS FOR REASONS BEYOND THE CONTROL OF THE INDIVIDUAL AND ACCEPTABLE TO THE DEPARTMENT OR AGENCY CONCERNED.'.

B-128152, JUL. 16, 1956

TO MISS MYRTIS L. NELSON:

AS REQUESTED IN YOUR RECENT LETTER, THERE HAS BEEN FURTHER CONSIDERED THE SETTLEMENT OF DECEMBER 30, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE TRAVEL AND TRANSPORTATION EXPENSES YOU INCURRED IN RETURNING FROM OVERSEAS EMPLOYMENT WITH THE DEPARTMENT OF THE ARMY.

IN OCTOBER 1952 YOU TRANSFERRED FROM THE FORT WORTH QUARTERMASTER DEPOT TO THE FAR EAST COMMAND. YOU AGREED TO SERVE A PRESCRIBED TWO YEAR PERIOD OF OVERSEAS DUTY. HOWEVER, PRIOR TO THE EXPIRATION OF THE AGREED PERIOD OF SERVICE YOU RESIGNED FOR REASONS STATED IN YOUR LETTER. YOUR LAST DAY OF DUTY WAS DECEMBER 11, 1953.

THE AUTHORITY TO REIMBURSE AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY FOR TRAVEL AND TRANSPORTATION EXPENSES INCIDENT TO AN OVERSEAS ASSIGNMENT IS THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, AS AMENDED BY 64 STAT. 985. PARTICULARLY PERTINENT IS THE PROVISION OF SECTION 7, MADE APPLICABLE BY SECTION 1 TO EMPLOYEES TRANSFERRED TO OVERSEAS DUTY:

"* * * THAT EXPENSES OF RETURN TRAVEL AND TRANSPORTATION UPON SEPARATION FROM THE SERVICE * * * SHALL NOT BE ALLOWED UNLESS SUCH PERSONS SELECTED FOR APPOINTMENT OUTSIDE THE CONTINENTAL UNITED STATES SHALL HAVE SERVED FOR A MINIMUM PERIOD OF NOT LESS THAN ONE NOR MORE THAN THREE YEARS PRESCRIBED IN ADVANCE OF THE HEAD OF THE DEPARTMENT OR AGENCY CONCERNED OR UNLESS SEPARATION IS FOR REASONS BEYOND THE CONTROL OF THE INDIVIDUAL AND ACCEPTABLE TO THE DEPARTMENT OR AGENCY CONCERNED.'

WHEN AN EMPLOYEE FAILS TO SERVE THE PRESCRIBED PERIOD OF DUTY THE ABOVE- QUOTED PROVISION PROHIBITS REIMBURSEMENT OF RETURN TRAVEL AND TRANSPORTATION EXPENSES UNLESS SEPARATION IS FOR REASONS BEYOND THE CONTROL OF THE INDIVIDUAL AND ACCEPTABLE TO THE DEPARTMENT CONCERNED. ASIDE FROM ANY QUESTION OF WHETHER YOUR RESIGNATION WAS FOR REASONS BEYOND YOUR CONTROL, IT IS NOT APPARENT FROM THE RECORD THAT YOUR REASONS FOR SEPARATION WERE ACCEPTABLE TO OFFICIALS OF THE DEPARTMENT OF THE ARMY. SINCE THE CONDITIONS PRESCRIBED BY THE STATUTE FOR REIMBURSEMENT APPARENTLY HAVE NOT BEEN MET, OUR OFFICE IS PRECLUDED FROM TAKING FAVORABLE ACTION UPON YOUR CLAIM.