B-140117, JAN. 26, 1960

B-140117: Jan 26, 1960

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THE DATE YOUR RESIGNATION WAS MADE EFFECTIVE BY THE DEPARTMENT OF THE ARMY. TRANSPORTATION TO THE UNITED STATES AND RETURN BY MILITARY OR COMMERCIAL AIR TRANSPORTATION WAS AUTHORIZED ON A SPACE REQUIREMENT BASIS. COMMERCIAL TRANSPORTATION WAS TO BE USED ONLY IN THE ABSENCE OF MILITARY AIR OR WATER TRANSPORTATION AND TRANSPORTATION WITHIN THE COMMAND AND WITHIN THE UNITED STATES WAS TO BE AT THE PERSONAL EXPENSE OF THE TRAVELER. REFERRED TO IN PARAGRAPH 2 OF YOUR "SETTLEMENT ERTIFICATE" WAS TAKEN WITH GOVERNMENT TRANSPORTATION. YOU FURTHER SAY YOU WERE BACK AT YOUR DESK IN ITALY ON JANUARY 25. I WAS OFFERED ANOTHER ASSIGNMENT WITH THE 53RD ORDINANCE GROUP HEADQUARTERS IN MANHEIN. I WAS IN ENGLAND DURING THIS ORDINARY LEAVE PERIOD (REFERENCE - PAGE 11 OF MY PASSPORT FOR EXIT DATE.

B-140117, JAN. 26, 1960

TO MR. ROBERT R. WHITFIELD:

THIS REFERS TO YOUR LETTER OF JUNE 15, 1959, AND ENCLOSURES, REQUESTING REVIEW OF OUR SETTLEMENT OF APRIL 9, 1959, WHICH DISALLOWED YOUR CLAIM FOR $409.40 FOR COMMERCIAL PLANE FARE AND EXCESS BAGGAGE CHARGES COVERING YOUR TRAVEL FROM ROME, ITALY, TO NEW YORK, NEW YORK, ON DECEMBER 9, 1957, INCIDENT TO AN OVERSEAS EMPLOYMENT AGREEMENT ENTERED INTO ON NOVEMBER 2, 1954, WITH THE DEPARTMENT OF THE ARMY.

YOU ALLEGE AND THE RECORD NOW BEFORE OUR OFFICE INDICATES THAT UPON YOUR DISCHARGE IN EUROPE FROM THE MILITARY SERVICE IN 1954 YOU ACCEPTED CIVILIAN EMPLOYMENT WITH THE GOVERNMENT AND THAT YOU SERVED AS A CIVILIAN EMPLOYEE IN EUROPE UNTIL AUGUST 23, 1957, THE DATE YOUR RESIGNATION WAS MADE EFFECTIVE BY THE DEPARTMENT OF THE ARMY. ON JANUARY 11, 1959 (LETTER ORDER NO. 1-01), YOUR AREA COMMANDER ISSUED YOU EMERGENCY LEAVE TRAVEL ORDERS AUTHORIZING YOU TO PROCEED FROM MASSA, ITALY, TO FRANKFORT AIR PASSENGER CENTER, RHINE MAIN AIR FORCE BASE, GERMANY, AND FURTHER MOVEMENT TO THE CONTINENTAL UNITED STATES, CLEVELAND HEIGHTS, OHIO, AND RETURN INCIDENT TO AN EMERGENCY IN YOUR IMMEDIATE FAMILY. TRANSPORTATION TO THE UNITED STATES AND RETURN BY MILITARY OR COMMERCIAL AIR TRANSPORTATION WAS AUTHORIZED ON A SPACE REQUIREMENT BASIS. COMMERCIAL TRANSPORTATION WAS TO BE USED ONLY IN THE ABSENCE OF MILITARY AIR OR WATER TRANSPORTATION AND TRANSPORTATION WITHIN THE COMMAND AND WITHIN THE UNITED STATES WAS TO BE AT THE PERSONAL EXPENSE OF THE TRAVELER. IN YOUR LETTER OF JUNE 15, 1959, YOU STATE THAT:

"MY EMERGENCY LEAVE OF JANUARY 11TH, REFERRED TO IN PARAGRAPH 2 OF YOUR "SETTLEMENT ERTIFICATE" WAS TAKEN WITH GOVERNMENT TRANSPORTATION, NOT ONLY TO THE UNITED STATES, BUT TO THE UNITED STATES AND RETURNING TO RHEIN MAIN AIR BASE AND SUBSEQUENTLY TO ITALY * * *. AS A MATTER OF RECORD, I LEFT RHEIN MAIN AIR BASE 23 JANUARY 1957 VIA GOVERNMENT AIRCRAFT.'

YOU FURTHER SAY YOU WERE BACK AT YOUR DESK IN ITALY ON JANUARY 25, 1957, AND THAT:

"AFTER CLOSE-OUT OF OUR CONTRACT IN ITALY, DURING THE MONTH OF JULY 1957, I WAS OFFERED ANOTHER ASSIGNMENT WITH THE 53RD ORDINANCE GROUP HEADQUARTERS IN MANHEIN, GERMANY TO BEGIN IN SEPTEMBER 1957. I WAS IN ENGLAND DURING THIS ORDINARY LEAVE PERIOD (REFERENCE - PAGE 11 OF MY PASSPORT FOR EXIT DATE, ROME, ITALY, 13 AUGUST 1957 AND PAGE 16, ARRIVAL LONDON, ENGLAND, 13 AUGUST 1957). WHILE IN LONDON, I LEARNED OF MY FATHER'S DEATH ON THE 15TH OF AUGUST 1957, AND IT WAS NECESSARY TO RETURN TO THE STATES TO ASSIST MY MOTHER, WHO WAS ALONE, IN SETTLEMENT OF MY FATHER'S ESTATE. NOT WANTING TO HOLD OPEN THE POSITION IN OUR HEADQUARTERS THAT I WAS TO OCCUPY, I IMMEDIATELY CABLED THIS SITUATION AND MY DECISION TO HQ. 53D ORD.CP. AS A MATTER OF COURTESY AND CONSIDERATION TO THEM.

"I RETURNED TO ITALY, SINCE I LIVED ON THE LOCAL ECONOMY TO SECURE MY APARTMENT AND POSSESSIONS, SINCE THE NEAREST ARMY FACILITY,CAMP DARBY, LEGHORN, WAS APPROXIMATELY 40 MILES DISTANT AND PURCHASED ROUND TRIP TICKET ATTACHED. I CONSULTED WITH THE CIVILIAN PERSONNEL OFFICE AT CAMP DARBY AND WAS FURTHER REASSURED THAT I WAS ENTITLED TO REIMBURSEMENT FOR MY FINAL RETURN TRANSPORTATION TO THE UNITED STATES. I THEN LEFT ROME, ITALY FOR THE UNITED STATES ON 2 SEPTEMBER 1957 (PAGE 16 OF MY PASSPORT), ARRIVED NEW YORK CITY 4 SEPTEMBER 1957 (PAGE 4 OF MY PASSPORT), AND RETURNED TO ITALY ON MY RETURN TICKET NO. 2790421, ARRIVING ITALY 3 OCTOBER 1957 (PAGE 15 OF MY PASSPORT).'

THE DEPARTMENT OF THE ARMY HAS REPORTED THAT ON AUGUST 15, 1957, WHEN YOUR CABLE OF RESIGNATION WAS RECEIVED, ACTION WAS INITIATED BY 53D ORDNANCE GROUP TO PROCESS YOUR FINAL PAPERS AND THAT YOUR SEPARATION WAS PROCESSED EFFECTIVE 23 AUGUST 1957. AFTER YOUR RESIGNATION AND APPARENTLY WITHOUT OFFICIAL TRAVEL ORDERS, YOU TRAVELED AT YOUR OWN EXPENSE TO THE UNITED STATES IN SEPTEMBER 1957 AND RETURNED TO ITALY IN OCTOBER 1957. ALSO IT APPEARS THAT YOUR FINAL RETURN TO THE UNITED STATES IN DECEMBER 1957 WAS AT YOUR OWN EXPENSE. CONCERNING THE EMERGENCY LEAVE TRAVEL IN JANUARY 1957, YOU ARE INFORMED THAT THE ONLY AUTHORITY UNDER WHICH LEAVE TRAVEL AT GOVERNMENT EXPENSE MAY BE AUTHORIZED IS CONTAINED IN 5 U.S.C. 73B-3 WHICH PROVIDES THAT WHERE AN EMPLOYEE HAS SERVED AN AGREED PERIOD OF OVERSEAS SERVICE THE GOVERNMENT SHALL PAY THE EXPENSE OF THE ROUND TRIP TRAVEL OF THE EMPLOYEE FROM THE OVERSEAS POST TO HIS PLACE OF ACTUAL RESIDENCE FOR THE PURPOSE OF TAKING LEAVE PRIOR TO SERVING ANOTHER TOUR OF DUTY AT THE SAME OR SOME OTHER OVERSEAS POST, UNDER A NEW WRITTEN AGREEMENT ENTERED INTO BEFORE DEPARTING FROM THE OVERSEAS POST. THE RECORD DOES NOT SHOW WHETHER A NEW AGREEMENT WAS ENTERED INTO BY YOU. MOREOVER, THE STATUTE REQUIRES THAT BEFORE YOU WOULD HAVE BEEN ENTITLED TO EXPENSES OF THE LEAVE TRAVEL AND TRANSPORTATION UNDER A NEW AGREEMENT, YOU MUST HAVE SERVED A MINIMUM PERIOD OF AT LEAST ONE YEAR AFTER THE RETURN OVERSEAS UNLESS SEPARATION IS FOR REASONS BEYOND THE CONTROL OF THE INDIVIDUAL AND ACCEPTABLE TO THE DEPARTMENT OR AGENCY CONCERNED.

THE DEPARTMENT OF THE ARMY HAS REPORTED THAT GOVERNMENT TRANSPORTATION FACILITIES, AT THE TIME OF YOUR RESIGNATION, WERE AVAILABLE FOR YOUR ENTIRE TRAVEL TO THE UNITED STATES. THE ADMINISTRATIVE OFFICE FURTHER SAYS THAT "DEPARTMENT OF THE ARMY AND HEADQUARTERS USAREUR POLICY DO NOT PROVIDE FOR REIMBURSEMENT FOR USE OF COMMERCIAL FACILITIES WHEN GOVERNMENT TRANSPORTATION IS AVAILABLE.' THERE IS NO INFORMATION OF RECORD HERE THAT YOU WERE REFUSED GOVERNMENT TRANSPORTATION FOR YOUR RETURN TRAVEL TO THE UNITED STATES IN EITHER SEPTEMBER OR DECEMBER 1957, OR EVEN THAT YOU MADE A REQUEST FOR SUCH TRANSPORTATION.

THEREFORE, UPON THE PRESENT RECORD, OUR OFFICE IS PRECLUDED FROM TAKING FAVORABLE ACTION ON YOUR CLAIM.