B-134831, FEB. 3, 1958

B-134831: Feb 3, 1958

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WHO WAS A RESIDENT OF THE UNITED STATES AT THE TIME HIS EMPLOYMENT COMMENCED. HE WAS ACCOMPANIED BY HIS WIFE. PROVIDES THAT THE EXPENSES OF ROUND-TRIP TRAVEL OF EMPLOYEE AND TRANSPORTATION OF IMMEDIATE FAMILY FROM POSTS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES TO THE PLACES OF ACTUAL RESIDENCE AT TIME OF APPOINTMENT OR TRANSFER TO SUCH OVERSEAS POSTS SHALL BE ALLOWED IN THE CASE OF PERSONS WHO HAVE SATISFACTORILY COMPLETED AN AGREED PERIOD OF SERVICE OVERSEAS AND ARE RETURNING FOR THE PURPOSE OF TAKING LEAVE PRIOR TO SERVING ANOTHER TOUR OF OVERSEAS DUTY UNDER A NEW WRITTEN AGREEMENT. IT IS CLEAR FROM THE LANGUAGE OF THE STATUTE THAT THERE IS NO RESTRICTION AS TO HOME LEAVE TRANSPORTATION FOR MEMBERS OF AN EMPLOYEE'S IMMEDIATE FAMILY MERELY BECAUSE THEY MAY HAVE BEEN ACQUIRED OVERSEAS.

B-134831, FEB. 3, 1958

TO HONORABLE SUMNER G. WHITTIER, ADMINISTRATOR, VETERANS ADMINISTRATION:

ON JANUARY 6, 1958, YOU REQUESTED OUR DECISION AS TO WHETHER, UNDER THE PROVISIONS OF 5 U.S.C. 73B-3, AS AMENDED AUGUST 31, 1954, AN EMPLOYEE WHO MARRIED WHILE ON HOME LEAVE IN THE UNITED STATES MAY BE REIMBURSED FOR THE TRANSPORTATION OF HIS WIFE FROM THE CONTINENTAL UNITED STATES TO HIS OVERSEAS POST.

AN EMPLOYEE OF THE VETERANS ADMINISTRATION, WHO WAS A RESIDENT OF THE UNITED STATES AT THE TIME HIS EMPLOYMENT COMMENCED, SATISFACTORILY COMPLETED AN AGREED TWO-YEAR TOUR OF DUTY OVERSEAS AT YOUR REGIONAL OFFICE, HONOLULU, HAWAII. HE THEN SIGNED A WRITTEN EMPLOYMENT AGREEMENT FOR A NEW TWO-YEAR PERIOD OF SERVICE AT THE SAME STATION PRIOR TO HIS DEPARTURE FROM THE OVERSEAS POST FOR THE CONTINENTAL UNITED STATES ONAUTHORIZED TRAVEL FOR HOME LEAVE UNDER THE PROVISIONS OF PUBLIC LAW 737, 83D CONGRESS, APPROVED AUGUST 31, 1954. WHILE ON HOME LEAVE IN THE UNITED STATES HE MARRIED, AND UPON HIS RETURN TO HONOLULU TO REPORT FOR DUTY UNDER HIS NEW EMPLOYMENT CONTRACT, HE WAS ACCOMPANIED BY HIS WIFE.

THE FIRST PROVISO OF THE ACT OF AUGUST 31, 1954, 68 STAT. 1008, AMENDING SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 5 U.S.C. 73B-3, PROVIDES THAT THE EXPENSES OF ROUND-TRIP TRAVEL OF EMPLOYEE AND TRANSPORTATION OF IMMEDIATE FAMILY FROM POSTS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES TO THE PLACES OF ACTUAL RESIDENCE AT TIME OF APPOINTMENT OR TRANSFER TO SUCH OVERSEAS POSTS SHALL BE ALLOWED IN THE CASE OF PERSONS WHO HAVE SATISFACTORILY COMPLETED AN AGREED PERIOD OF SERVICE OVERSEAS AND ARE RETURNING FOR THE PURPOSE OF TAKING LEAVE PRIOR TO SERVING ANOTHER TOUR OF OVERSEAS DUTY UNDER A NEW WRITTEN AGREEMENT.

IT IS CLEAR FROM THE LANGUAGE OF THE STATUTE THAT THERE IS NO RESTRICTION AS TO HOME LEAVE TRANSPORTATION FOR MEMBERS OF AN EMPLOYEE'S IMMEDIATE FAMILY MERELY BECAUSE THEY MAY HAVE BEEN ACQUIRED OVERSEAS. WE VIEW THE STATUTE AS SIMILARLY NOT PRECLUDING HOME LEAVE TRANSPORTATION TO THE OVERSEAS DUTY STATION FOR MEMBERS OF AN EMPLOYEE'S IMMEDIATE FAMILY MERELY BECAUSE THEY MAY HAVE BEEN ACQUIRED IN THE UNITED STATES WHILE THE EMPLOYEE WAS ON HOME LEAVE. B-128245, JULY 24, 1956.

THEREFORE, THE EMPLOYEE MAY BE REIMBURSED FOR THE TRANSPORTATION OF HIS WIFE FROM THE CONTINENTAL UNITED STATES TO HIS OVERSEAS POST.