B-148858, MAY 24, 1962

B-148858: May 24, 1962

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RETURN WAS AUTHORIZED FOR MR. BANFILL'S CLAIM WAS DISALLOWED BY YOUR OFFICE BECAUSE TRAVEL FOR HOME LEAVE PURPOSES TO A LOCATION OTHER THAN ACTUAL RESIDENCE MUST BE TO A PLACE WITHIN THE COUNTRY IN WHICH THE PLACE OF ACTUAL RESIDENCE IS LOCATED. BANFILL SAYS THAT HAD HE BEEN AWARE OF THIS REQUIREMENT HE WOULD HAVE DRIVEN TO THE IDAHO BORDER IN ORDER TO FULFILL THE . BANFILL'S REQUEST FOR RECONSIDERATION IS WORTHY BECAUSE OF THE CIRCUMSTANCES INVOLVED AND BECAUSE OF THE FACT THE COST OF TRAVEL AS ACTUALLY PERFORMED WAS LESS THAN IT WOULD HAVE BEEN HAD TRAVEL BEEN PERFORMED IN ACCORDANCE WITH TRAVEL ORDER NO. 558-6840. SHALL BE ALLOWED IN THE CASE OF PERSONS WHO HAVE SATISFACTORILY COMPLETED AN AGREED PERIOD OF SERVICE OVERSEAS AND ARE RETURNING TO THEIR ACTUAL PLACE OF RESIDENCE FOR THE PURPOSE OF TAKING LEAVE PRIOR TO SERVING ANOTHER TOUR OF DUTY AT THE SAME OR SOME OTHER OVERSEAS POST.

B-148858, MAY 24, 1962

TO AUTHORIZED CERTIFYING OFFICER, ALASKAN REGION, FEDERAL AVIATION AGENCY:

YOUR LETTER DATED APRIL 25, 1962, FORWARDED HERE WITH ENCLOSURES ON MAY 8, 1962, BY THE GENERAL OFFICE ACCOUNTING BRANCH, FEDERAL AVIATION AGENCY, REQUESTS OUR DECISION AS TO WHETHER A TRAVEL VOUCHER FOR $583.51 MAY BE CERTIFIED FOR PAYMENT TO MR. BILL L. BANFILL, AN EMPLOYEE OF YOUR REGION.

THE RECORD SHOWS THAT HOME LEAVE TRAVEL FROM FAIRBANKS, ALASKA, TO UKIAH, CALIFORNIA, AND RETURN WAS AUTHORIZED FOR MR. BANFILL AND THREE DEPENDENTS BY TRAVEL ORDER NO. 558-6840, DATED JUNE 3, 1958. MR. BANFILL HAD INTENDED TO PROCEED TO UKIAH BUT--- PRIOR TO DEPARTURE--- HE RECEIVED WORD FROM RELATIVES THAT A FAMILY REUNION PREVIOUSLY PLANNED TO BE HELD IN UKIAH WOULD BE HELD AT RADIUM HOT SPRINGS, BRITISH COLUMBIA, CANADA. THEREFORE TRAVELED TO RADIUM HOT SPRINGS RATHER THAN UKIAH. MR. BANFILL AND DEPENDENTS TRAVELED BY PRIVATELY OWNED AUTOMOBILE WITH ITINERARY AS FOLLOWS: DEPARTED FAIRBANKS ON JUNE 29, 1958; ARRIVED RADIUM HOT SPRINGS ON JULY 7, 1958; DEPARTED RADIUM HOT SPRINGS ON JULY 11, 1958, AND ARRIVED FAIRBANKS ON JULY 20, 1958.

MR. BANFILL'S CLAIM WAS DISALLOWED BY YOUR OFFICE BECAUSE TRAVEL FOR HOME LEAVE PURPOSES TO A LOCATION OTHER THAN ACTUAL RESIDENCE MUST BE TO A PLACE WITHIN THE COUNTRY IN WHICH THE PLACE OF ACTUAL RESIDENCE IS LOCATED. IN REQUESTING RECONSIDERATION, MR. BANFILL SAYS THAT HAD HE BEEN AWARE OF THIS REQUIREMENT HE WOULD HAVE DRIVEN TO THE IDAHO BORDER IN ORDER TO FULFILL THE ,TECHNICALITY.' IN YOUR LETTER YOU SAY THAT MR. BANFILL'S REQUEST FOR RECONSIDERATION IS WORTHY BECAUSE OF THE CIRCUMSTANCES INVOLVED AND BECAUSE OF THE FACT THE COST OF TRAVEL AS ACTUALLY PERFORMED WAS LESS THAN IT WOULD HAVE BEEN HAD TRAVEL BEEN PERFORMED IN ACCORDANCE WITH TRAVEL ORDER NO. 558-6840.

THE LAW CODIFIED AT 5 U.S.C. 73B-3 (A) PROVIDES IN PERTINENT PART AS FOLLOWS:

"* * * THAT EXPENSES OF ROUND TRIP TRAVEL OF EMPLOYEE AND TRANSPORTATION OF IMMEDIATE FAMILY BUT EXCLUDING HOUSEHOLD EFFECTS, FROM THEIR POSTS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES TO THE PLACES OF ACTUAL RESIDENCE AT TIME OF APPOINTMENT OR TRANSFER TO SUCH OVERSEAS POSTS OF DUTY, SHALL BE ALLOWED IN THE CASE OF PERSONS WHO HAVE SATISFACTORILY COMPLETED AN AGREED PERIOD OF SERVICE OVERSEAS AND ARE RETURNING TO THEIR ACTUAL PLACE OF 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 QUOTED LANGUAGE, WHICH IS THE SOLE STATUTORY AUTHORITY FOR ALLOWANCE OF THE COSTS OF TRAVEL OF THE TYPE HERE INVOLVED, DOES NOT SPECIFICALLY AUTHORIZE PAYMENT OF AN EMPLOYEE'S TRAVEL EXPENSES EXCEPT TO HIS PLACE OF ACTUAL RESIDENCE. THIS LANGUAGE IS IMPLEMENTED BY REGULATIONS CONTAINED IN SECTION 27 (B) OF EXECUTIVE ORDER NO. 9805, AS ADDED BY BUREAU OF THE BUDGET CIRCULAR A-4, MAY 2, 1955. (SEE SECTION 4.2 OF BUREAU OF THE BUDGET CIRCULAR A-56, APRIL 30, 1962; FOR THE CURRENT TEXT OF THE REGULATION). CIRCULAR A-4 PERMITS PAYMENT OF REEMPLOYMENT LEAVE (HOME LEAVE) TRAVEL AND TRANSPORTATION EXPENSES TO LOCATIONS OTHER THAN THE PLACE OF ACTUAL RESIDENCE BUT RESTRICTS SUCH OTHER LOCATIONS TO THE COUNTRY, TERRITORY, OR POSSESSION IN WHICH THE EMPLOYEE'S PLACE OF ACTUAL RESIDENCE IS LOCATED. SEE 38 COMP. GEN. 631.

THEREFORE, THE TRAVEL EXPENSES INCURRED IN CONNECTION WITH THE TRIP IN QUESTION MAY NOT BE PAID BY THE GOVERNMENT. MOREOVER, MR. BANFILL COULD NOT--- AS HE APPARENTLY ASSUMES--- HAVE OBVIATED THE OUTCOME OF THIS MATTER BY SIMPLY MAKING A ROUND-TRIP TO AND FROM THE UNITED STATES BORDER. 41 COMP. GEN. 146.

THEREFORE, THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.