B-136813, SEP 4, 1958

B-136813: Sep 4, 1958

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THE REASONS FOR THE DISALLOWANCE AND RECOVERY OF TRANSPORTATION COSTS FOR TRAVEL TO CUBI POINT BY SET OFF AGAINST SALARY DUE YOU WERE EXPLAINED TO YOU IN OUR CLAIMS DIVISION LETTER OF MAY 29. AS POINTED OUT IN THAT LETTER THE GOVERNMENT'S OBLIGATION TO PAY THE AMOUNTS CLAIMED BY YOU WAS CONTINGENT UPON YOUR COMPLIANCE WITH THE TERMS OF THE EMPLOYMENT AGREEMENT. YOUR EMPLOYMENT AGREEMENT WAS DRAWN IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF AUGUST 2. THAT EXPENSES OF RETURN TRAVEL AND TRANSPORTATION UPON SEPARATION FROM THE SERVICE SHALL BE ALLOWED WHETHER SUCH SEPARATION IS FOR THE PURPOSES OF THE GOVERNMENT OR FOR PERSONAL CONVENIENCE. 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 BY 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: ***" THE FACTS OF RECORD SHOW THAT YOU ARRIVED AT CUBI POINT ON MAY 24.

B-136813, SEP 4, 1958

PRECIS-UNAVAILABLE

MR. BERNARD G. ALLEN:

ON JUNE 12, 1958, YOU REQUESTED RECONSIDERATION OF OUR CLAIMS DIVISION'S SETTLEMENT WHICH DISALLOWED YOUR CLAIM FOR VARIOUS ITEMS OF PAY AND TRAVEL EXPENSES, IN CONNECTION WITH YOUR TRAVEL FROM PARIS FRANCE; TO CUBI POINT, PHILIPPINE ISLANDS; UNDER AN EMPLOYMENT AGREEMENT WITH THE DEPARTMENT OF THE NAVY. THE REASONS FOR THE DISALLOWANCE AND RECOVERY OF TRANSPORTATION COSTS FOR TRAVEL TO CUBI POINT BY SET OFF AGAINST SALARY DUE YOU WERE EXPLAINED TO YOU IN OUR CLAIMS DIVISION LETTER OF MAY 29, 1958.

AS POINTED OUT IN THAT LETTER THE GOVERNMENT'S OBLIGATION TO PAY THE AMOUNTS CLAIMED BY YOU WAS CONTINGENT UPON YOUR COMPLIANCE WITH THE TERMS OF THE EMPLOYMENT AGREEMENT. YOU AGREED IN YOUR EMPLOYMENT AGREEMENT TO A 24-MONTH PERIOD OF EMPLOYMENT IN THE PHILIPPINE ISLANDS AND, FURTHER, YOU AGREED TO REPAY THE COSTS OF YOUR TRANSPORTATION TO THAT POST UPON DEMAND IF YOU RESIGNED OR VACATED YOUR POSITION WITHOUT AUTHORITY BEFORE SERVING A MINIMUM OF 12 MONTHS. YOU AGREED ALSO TO THE CONDITION THAT YOU WOULD NOT BE PROVIDED RETURN TRANSPORTATION AT GOVERNMENT EXPENSE IF YOU FAILED TO SERVE THE FULL 24 MONTHS.

YOUR EMPLOYMENT AGREEMENT WAS DRAWN IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF AUGUST 2, 1946, AS AMENDED, 5 U.S.C. 73B-3, WHICH AUTHORIZES THE PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES OF EMPLOYEES IN YOUR CATEGORY TO AND FROM POSTS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES. THAT ACT PROVIDES IN PART:

"*** THAT SUCH EXPENSES OF TRAVEL AND TRANSPORTATION TO POSTS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES SHALL NOT BE ALLOWED UNLESS AND UNTIL THE PERSON SELECTED FOR APPOINTMENT SHALL AGREE IN WRITING TO REMAIN IN THE GOVERNMENT SERVICE FOR TWELVE MONTHS FOLLOWING HIS APPOINTMENT, UNLESS SEPARATED FOR REASONS BEYOND HIS CONTROL AND ACCEPTABLE TO THE DEPARTMENT OR AGENCY CONCERNED AND IN CASE OF VIOLATION OF SUCH AGREEMENT ANY MONEYS EXPENDED BY THE UNITED STATES ON ACCOUNT OF SUCH TRAVEL AND TRANSPORTATION SHALL BE RECOVERABLE FROM THE INDIVIDUAL CONCERNED AS A DEBT DUE THE UNITED STATES: AND PROVIDED FURTHER, THAT EXPENSES OF RETURN TRAVEL AND TRANSPORTATION UPON SEPARATION FROM THE SERVICE SHALL BE ALLOWED WHETHER SUCH SEPARATION IS FOR THE PURPOSES OF THE GOVERNMENT OR FOR PERSONAL CONVENIENCE, BUT 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 BY 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: ***"

THE FACTS OF RECORD SHOW THAT YOU ARRIVED AT CUBI POINT ON MAY 24, 1957, AND VOLUNTARILY RESIGNED EFFECTIVE JUNE 23, 1957, FOR REASONS NOT ACCEPTABLE TO THE DEPARTMENT OF THE NAVY. IN THESE CIRCUMSTANCES, THE LAW SPECIFICALLY PROHIBITS THE PAYMENT OF YOUR TRAVEL EXPENSES INCURRED IN RETURNING TO YOUR RESIDENCE AND REQUIRES THAT THE AMOUNT ALREADY EXPENDED BY THE GOVERNMENT FOR YOUR TRAVEL TO THE PHILIPPINES BE RECOVERED, AS WAS DONE.

WE HAVE CONSIDERED THE VARIOUS CONTENTIONS RAISED BY YOU BUT FIND NO INFORMATION THEREIN WHICH WOULD RENDER THE STATUTE INAPPLICABLE TO YOUR CASE OR WHICH WOULD WARRANT OUR OFFICE AUTHORIZING ALLOWANCE OF ANY ADDITIONAL SUM TO YOU IN THIS MATTER.

THEREFORE, THE ACTION OF OUR CLAIMS DIVISION ON YOUR CLAIM MUST BE AND IS AFFIRMED.