B-141969, MARCH 1, 1960, 39 COMP. GEN. 611

B-141969, MARCH 1, 1960, 39 COMP. GEN. 611

CIVILIAN PERSONNEL - TRAVEL EXPENSES - LEAVES OF ABSENCE - RETURN FOR OFFICIAL DUTY ALTHOUGH GENERALLY EMPLOYEES WHO ARE AWAY FROM THEIR PERMANENT DUTY STATIONS IN AN ANNUAL LEAVE STATUS AND WHO ARE ORDERED TO RETURN TO HEADQUARTERS FOR OFFICIAL DUTY ARE NOT ENTITLED TO REIMBURSEMENT FOR TRAVEL BECAUSE OF URGENT AND UNFORESEEN OFFICIAL CIRCUMSTANCES WOULD JUSTIFY REIMBURSEMENT TO THE EMPLOYEE FOR RETURN TRAVEL. AN ADMINISTRATIVE REGULATION WHICH WOULD PERMIT REIMBURSEMENT FOR TRAVEL EXPENSES WHEN EMPLOYEES WHO ARE AUTHORIZED ANNUAL LEAVE FOR FIVE DAYS OR MORE ARE RECALLED TO THEIR PERMANENT DUTY STATION WITHIN 24 HOURS AFTER DEPARTURE BECAUSE OF AN URGENT UNFORESEEN CIRCUMSTANCE WOULD BE PROPER, PROVIDED THAT THE TRAVEL ORDER CLEARLY INDICATES THAT AN ADMINISTRATIVE DETERMINATION HAS BEEN MADE THAT IT WOULD BE UNREASONABLE TO REQUIRE THE EMPLOYEE TO ASSUME THE ADDITIONAL TRAVEL EXPENSE IN COMPLIANCE WITH THE RECALL ORDER. AN EMPLOYEE WHOSE AUTHORIZED LEAVE OF ABSENCE AWAY FROM HIS PERMANENT DUTY STATION IS TEMPORARILY INTERRUPTED BECAUSE HE IS RECALLED TO DUTY, OR BECAUSE HE IS ORDERED TO PERFORM TEMPORARY DUTY AT ANOTHER PLACE, AND THE EMPLOYEE WISHES TO RESUME THE LEAVE STATUS IMMEDIATELY AFTER THE COMPLETION OF OFFICIAL DUTY, TRAVEL EXPENSES NOT TO EXCEED THE COST OF TRAVEL FROM THE PLACE WHERE THE LEAVE WAS INTERRUPTED TO THE PLACE WHERE THE DUTY WAS PERFORMED AND RETURN MAY BE AUTHORIZED, PROVIDED THAT A STATEMENT IS INCLUDED IN THE TRAVEL ORDER THAT AN ADMINISTRATIVE DETERMINATION WAS MADE THAT IT WOULD BE UNREASONABLE TO REQUIRE THE EMPLOYEE TO ASSUME THE ADDITIONAL TRAVEL EXPENSE IN COMPLIANCE WITH THE TEMPORARY DUTY. SINCE THE USE OF ANNUAL LEAVE IS NO LONGER A PRIVILEGE BUT AN ABSOLUTE RIGHT, SUBJECT TO THE AUTHORITY OF THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED TO FIX THE TIME AT WHICH THE LEAVE MAY BE TAKEN, THE HOLDING IN 3 COMP. GEN. 760, THAT AN EMPLOYEE WHO IS REQUIRED TO INTERRUPT HIS ANNUAL LEAVE STATUS TO RETURN TO HEADQUARTERS FOR OFFICIAL DUTY IS NOT ENTITLED TO REIMBURSEMENT FOR THE TRAVEL EXPENSES FOR RETURN TO HEADQUARTERS OR FOR RETURN TO PLACE OF LEAVE, SHOULD HE ELECT TO RESUME THE LEAVE STATUS, IS NO LONGER FOR APPLICATION.

TO THE SECRETARY OF THE AIR FORCE, MARCH 1, 1960:

ON FEBRUARY 9, 1960, THE SPECIAL ASSISTANT FOR MANPOWER, PERSONNEL AND RESERVE FORCES, ENCLOSED FOR OUR CONSIDERATION AS TO ITS PROPRIETY A COPY OF A PROPOSED INSTRUCTION TO CLARIFY THE CONDITIONS RELATING TO TRAVEL OF DEPARTMENT OF AIR FORCE EMPLOYEES AT GOVERNMENT EXPENSE IN VARIOUS SITUATIONS INVOLVING TEMPORARY DUTY AND LEAVE STATUS, INCLUDING RETURN TO OFFICIAL DUTY STATION.

THE PROPOSED REGULATION IS AS FOLLOWS:

IF, BECAUSE OF AN URGENT UNFORESEEN CIRCUMSTANCE, IT IS NECESSARY TO CANCEL OR TEMPORARILY INTERRUPT AN EMPLOYEE'S AUTHORIZED LEAVE STATUS AND RECALL HIM TO DUTY AT HIS OFFICIAL DUTY STATION VERY SHORTLY AFTER ARRIVAL AT THE PLACE OF BEGINNING LEAVE, THE RETURN TRAVEL MAY BE AUTHORIZED AT GOVERNMENT EXPENSE. ALSO, IF THE EMPLOYEE WISHES TO RESUME HIS LEAVE STATUS AT THE PLACE FROM WHICH HE WAS RECALLED, OR ANOTHER PLACE NOT MORE DISTANT, TRAVEL FROM HIS OFFICIAL DUTY STATION TO SUCH PLACE, MAY BE AUTHORIZED AT GOVERNMENT EXPENSE. THE ABOVE ONE WAY, OR ROUND-TRIP, TRAVEL WILL NOT BE ALLOWED AT GOVERNMENT EXPENSE UNLESS, BY AN APPROPRIATE STATEMENT IN THE TRAVEL ORDER, IT IS CLEARLY INDICATED THAT, BECAUSE OF THE PERSONAL EXPENSE INCURRED BY THE EMPLOYEE IN TRAVELING TO THE PLACE OF TAKING LEAVE AN ADMINISTRATIVE DETERMINATION WAS MADE THAT IT WOULD BE UNREASONABLE TO REQUIRE THE EMPLOYEE TO ASSUME THE ADDITIONAL TRAVEL EXPENSE TO COMPLY WITH THE RECALL ORDER.

THE SPECIAL ASSISTANT FOR MANPOWER, PERSONNEL AND RESERVE FORCES SAYS THAT YOUR DEPARTMENT WOULD LIKE TO INCORPORATE IN AIR FORCE MANUAL 40-10, DEPARTMENT OF THE AIR FORCE CIVILIAN TRAVEL MANUAL, THE INSTRUCTIONS QUOTED ABOVE IN ORDER TO COVER AN INFREQUENT SITUATION WHEN IT IS NECESSARY, FOR MANAGEMENT REASONS, TO RECALL AN EMPLOYEE TO HIS OFFICIAL DUTY STATION ALMOST IMMEDIATELY AFTER ARRIVING AT A PLACE OF VACATION FOR WHICH LEAVE HAD BEEN OFFICIALLY AUTHORIZED. DOUBT IN THE MATTER ARISES BECAUSE OF THE RULING IN 3 COMP. GEN. 760. THE RULE LAID DOWN IN THAT DECISION WAS TO THE EFFECT THAT IF AN EMPLOYEE IS AWAY FROM HIS HEADQUARTERS UPON LEAVE OF ABSENCE AND IT BECOMES NECESSARY FOR HIM TO INTERRUPT HIS LEAVE AND RETURN TO HIS HEADQUARTERS FOR THE PURPOSE OF PERFORMING OFFICIAL DUTY, HE IS NOT ENTITLED TO REIMBURSEMENT OF THE TRAVELING EXPENSES INCURRED IN RETURNING TO HIS HEADQUARTERS OR IN GOING TO THE PLACE WHERE HE WAS ON LEAVE, SHOULD BE ELECT TO DO SO, WHEN THE LEAVE STATUS IS RESUMED.

THAT DECISION WAS RENDERED PRIOR TO THE PASSAGE OF THE LEAVE ACT OF MARCH 14, 1936. PRIOR TO JANUARY 1, 1936, LEAVE OF ABSENCE WAS GRANTED TO OFFICERS AND EMPLOYEES OF THE GOVERNMENT AS A PRIVILEGE AND NOT AS A RIGHT. BY THE ACT OF MARCH 14, 1936, 49 STAT. 1161, EFFECTIVE JANUARY 1, 1936, 5 U.S.C. 30B, SINCE REPEALED, AND THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 679, 5 U.S.C. 2061 NOTE, LEAVE OF ABSENCE IS A RIGHT. THE PRINCIPLE LAID DOWN IN 3 COMP. GEN. 760 COVERING TRAVEL EXPENSES BETWEEN LEAVE POINT AND HEADQUARTERS INCIDENT TO AN INTERRUPTION OF LEAVE FOR OFFICIAL DUTY IS NO LONGER FOLLOWED BY OUR OFFICE SINCE THE TAKING OF LEAVE IS AN ABSOLUTE RIGHT OF THE EMPLOYEE SUBJECT TO THE RIGHT OF THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED TO FIX THE TIME AT WHICH THE LEAVE MAY BE TAKEN. SEE 16 COMP. GEN. 481 TO THAT EFFECT.

THE GENERAL RULE IS THAT WHEN AN EMPLOYEE PROCEEDS TO A POINT AWAY FROM HIS OFFICIAL DUTY STATION ON ANNUAL LEAVE HE ASSUMES THE OBLIGATION OF RETURNING HIMSELF THERETO AT HIS OWN EXPENSE. ALSO, IT REPEATEDLY HAS BEEN HELD THAT IF, DURING SUCH LEAVE OR AT THE EXPIRATION THEREOF, THE EMPLOYEE IS REQUIRED TO PERFORM TEMPORARY DUTY EITHER AT HIS LEAVE POINT OR SOME OTHER POINT PRIOR TO HIS RETURNING TO HEADQUARTERS, THE GOVERNMENT IS CHARGEABLE ONLY WITH THE DIFFERENCE BETWEEN THE COST ATTRIBUTABLE TO THE TEMPORARY DUTY AND WHAT IT WOULD HAVE COST THE EMPLOYEE TO RETURN TO HIS HEADQUARTERS DIRECT FROM THE PLACE WHERE HE WAS ON LEAVE. 16 COMP. GEN. 481; 19 ID. 977; 30 ID. 443.

WE ARE INCLINED TO AGREE WITH THE SPECIAL ASSISTANT FOR MANPOWER, PERSONNEL AND RESERVE FORCES THAT IN SOME INSTANCES WHEN AN EMPLOYEE HAS BEEN GRANTED AUTHORIZED LEAVE OF ABSENCE AND SHORTLY AFTER HIS ARRIVAL AT HIS VACATION POINT HIS LEAVE IS CANCELED AND HE IS ORDERED TO REPORT TO HIS HEADQUARTERS BECAUSE OF AN EMERGENCY THAT HE SHOULD BE REIMBURSED FOR THE TRAVEL INVOLVED IN REPORTING. HOWEVER, THE WORDING OF THE FIRST PART OF THE PROPOSED REGULATION CONCERNING THE PHRASE "VERY SHORTLY AFTER ARRIVAL AT THE PLACE OF LEAVE" IS SUBJECT TO VARIOUS INTERPRETATIONS.

IN LIEU OF THE PROPOSED REGULATION WE SUGGEST FOR YOUR CONSIDERATION LANGUAGE ALONG THE LINES OF THE FOLLOWING:

IN INSTANCES WHEN AN EMPLOYEE DEPARTS FROM HIS OFFICIAL DUTY STATION FOR THE PURPOSE OF TAKING AUTHORIZED LEAVE OF ABSENCE FOR 5 DAYS OR MORE AND BECAUSE OF AN URGENT UNFORESEEN CIRCUMSTANCE, IT IS NECESSARY TO CANCEL THE EMPLOYEE'S AUTHORIZED LEAVE STATUS AND RECALL HIM TO DUTY AT HIS OFFICIAL DUTY STATION WITHIN 24 HOURS AFTER HIS DEPARTURE THEREFROM, THE RETURN TRAVEL MAY BE AUTHORIZED AT GOVERNMENT EXPENSE. ALSO, IF AN EMPLOYEE'S AUTHORIZED LEAVE OF ABSENCE AWAY FROM HIS OFFICIAL DUTY STATION IS TEMPORARILY INTERRUPTED BECAUSE HE IS RECALLED TO DUTY AT HIS OFFICIAL DUTY STATION OR IS ORDERED TO PERFORM TEMPORARY DUTY AT ANOTHER PLACE AND THE EMPLOYEE WISHES TO RESUME HIS LEAVE, IMMEDIATELY AFTER THE COMPLETION OF HIS DUTY, AT THE PLACE FROM WHICH HIS LEAVE OF ABSENCE WAS INTERRUPTED OR AT ANOTHER PLACE, TRAVEL EXPENSES NOT TO EXCEED THE COST OF TRAVEL FROM THE PLACE WHERE HIS LEAVE OF ABSENCE WAS INTERRUPTED TO THE PLACE WHERE THE DUTY WAS PERFORMED AND RETURN MAY BE AUTHORIZED AT GOVERNMENT EXPENSE. THE ONE WAY, OR ROUND-TRIP WILL NOT BE ALLOWED AT GOVERNMENT EXPENSE UNLESS, BY AN APPROPRIATE STATEMENT IN THE TRAVEL ORDER, IT IS CLEARLY INDICATED THAT, BECAUSE OF THE PERSONAL EXPENSE INCURRED BY THE EMPLOYEE IN TRAVELING TO THE PLACE OF HIS TAKING LEAVE, AN ADMINISTRATIVE DETERMINATION WAS MADE THAT IT WOULD BE UNREASONABLE TO REQUIRE THE EMPLOYEE TO ASSUME THE ADDITIONAL TRAVEL EXPENSE TO COMPLY WITH THE RECALL ORDER OR TEMPORARY DUTY ORDER.

IF THE ABOVE-SUGGESTED OR SIMILAR LANGUAGE IS ADOPTED IN LIEU OF THE PROPOSED REGULATION SUBMITTED FOR OUR CONSIDERATION, WE HAVE NO OBJECTION TO YOUR DEPARTMENT'S INCORPORATING IT IN THE DEPARTMENT OF THE AIR FORCE CIVILIAN TRAVEL MANUAL.