B-147380, OCT. 30, 1961

B-147380: Oct 30, 1961

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

THE RECORDS BEFORE US SHOW THAT YOU WERE GIVEN A NOTICE OF REDUCTION IN FORCE ON MAY 8. THE RIGHT OF GOVERNMENT EMPLOYEES WHO HAVE BEEN SEPARATED FROM SERVICE OUTSIDE THE CONTINENTAL UNITED STATES TO RETURN TRAVEL AND TRANSPORTATION TO THE UNITED STATES IN PROPER CIRCUMSTANCES IS GRANTED BY SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946. SUCH RIGHT IS LIMITED TO THE COST OF ACTUAL TRAVEL AND TRANSPORTATION AND IN THE ABSENCE OF ACTUAL TRAVEL NO AMOUNT IS PAYABLE. IT IS NOT A TRAVEL ALLOWANCE AS YOU SEEM TO BELIEVE. 31 COMP. THE RIGHT TO RETURN TRANSPORTATION UPON SEPARATION IS ALLOWABLE ONLY IF THE SEPARATED EMPLOYEE RETURNS TO THE UNITED STATES INCIDENT TO HIS SEPARATION AND WITHIN A REASONABLE TIME THEREOF.

B-147380, OCT. 30, 1961

TO MR. ANTHONY M. ALBERT:

ON SEPTEMBER 30, 1961, YOU REQUESTED REVIEW OF OUR SETTLEMENT WHICH DISALLOWED YOUR CLAIM FOR TRAVEL EXPENSES OF YOURSELF AND YOUR DEPENDENT WIFE AND DAUGHTER TO NEW YORK, NEW YORK, UPON SEPARATION FROM EMPLOYMENT WITH THE DEPARTMENT OF THE ARMY IN CAMP DARBY, LEGHORN, ITALY, ON JULY 7, 1959.

THE RECORDS BEFORE US SHOW THAT YOU WERE GIVEN A NOTICE OF REDUCTION IN FORCE ON MAY 8, 1959, WHILE EMPLOYED BY THE DEPARTMENT OF THE ARMY IN LEGHORN, ITALY; THAT YOU RESIGNED YOUR POSITION EFFECTIVE JULY 7, 1959; AND THAT YOU ELECTED TO REMAIN OVERSEAS FOR PERSONAL REASONS RATHER THAN RETURN TO THE UNITED STATES AT THAT TIME.

THE RIGHT OF GOVERNMENT EMPLOYEES WHO HAVE BEEN SEPARATED FROM SERVICE OUTSIDE THE CONTINENTAL UNITED STATES TO RETURN TRAVEL AND TRANSPORTATION TO THE UNITED STATES IN PROPER CIRCUMSTANCES IS GRANTED BY SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 73B-3. SUCH RIGHT IS LIMITED TO THE COST OF ACTUAL TRAVEL AND TRANSPORTATION AND IN THE ABSENCE OF ACTUAL TRAVEL NO AMOUNT IS PAYABLE. IT IS NOT A TRAVEL ALLOWANCE AS YOU SEEM TO BELIEVE. 31 COMP. GEN. 389, COPY ENCLOSED.

FURTHERMORE, THE RIGHT TO RETURN TRANSPORTATION UPON SEPARATION IS ALLOWABLE ONLY IF THE SEPARATED EMPLOYEE RETURNS TO THE UNITED STATES INCIDENT TO HIS SEPARATION AND WITHIN A REASONABLE TIME THEREOF. THE GOVERNMENT IS NOT LIABLE TO RETURN A FORMER OVERSEAS EMPLOYEE TO THE UNITED STATES WHEN FOR PERSONAL REASONS HE REMAINS OVERSEAS AFTER SEPARATION FOR AN EXTENDED PERIOD OF TIME. 28 COMP. GEN. 285, COPY ENCLOSED.

SINCE YOU HAVE PRESENTED NO EVIDENCE THAT YOU RETURNED TO THE UNITED STATES WITHIN A REASONABLE TIME AFTER YOUR SEPARATION ON JULY 7, 1959, THERE IS NO AUTHORITY TO GRANT YOU ANY ALLOWANCE TO EQUATE THE COST OF TRAVEL AND TRANSPORTATION BETWEEN LEGHORN, ITALY, AND NEW YORK, NEW YORK-- - A TRAVEL WHICH DOES NOT APPEAR FROM THE RECORD WAS OVER CONSUMMATED.

THEREFORE, ON THE PRESENT RECORD, OUR SETTLEMENT OF JULY 26, 1961, WHICH DISALLOWED YOUR CLAIM MUST BE SUSTAINED.