B-158247, JAN. 19, 1966

B-158247: Jan 19, 1966

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TO THE CIVIL SERVICE COMMISSION WHICH WAS FORWARDED TO US DECEMBER 13. WAS DISALLOWED. YOUR EXPENSES ON REEMPLOYMENT LEAVE BASED ON THE MILEAGE AND PER DIEM RATES PRESCRIBED IN YOUR TRAVEL AUTHORIZATION AND THE TRAVEL ACTUALLY PERFORMED WERE IN EXCESS OF SUCH CONSTRUCTIVE COST. THE MAXIMUM PAYMENT WHICH MAY BE ALLOWED AN EMPLOYEE FOR REEMPLOYMENT LEAVE TRAVEL WHEN HE DOES NOT RETURN TO HIS ACTUAL RESIDENCE IS THE COST OF DIRECT TRAVEL BETWEEN HIS DUTY STATION AND SOME ALTERNATE POINT IN THE UNITED STATES WHICH HE VISITS DURING SUCH LEAVE. YOU WOULD NO DOUBT HAVE DESIGNATED LAS VEGAS. FOR THE REASONS STATED YOU ARE ENTITLED TO MILEAGE FOR THE AUTOMOBILE TRAVEL INCIDENT TO REEMPLOYMENT LEAVE NOT TO EXCEED THE CONSTRUCTIVE COST OF DIRECT TRAVEL TO LAS VEGAS.

B-158247, JAN. 19, 1966

TO MR. ROBERT W. TOMPKINS:

WE REFER TO YOUR LETTER OF DECEMBER 2, 1965, TO THE CIVIL SERVICE COMMISSION WHICH WAS FORWARDED TO US DECEMBER 13, CONCERNING THE SETTLEMENT OF THE CLAIMS DIVISION OF OUR OFFICE DATED MARCH 15, 1965, BY WHICH YOUR CLAIM FOR ADDITIONAL REIMBURSEMENT OF THE EXPENSES YOU INCURRED ON REEMPLOYMENT LEAVE AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE STATIONED AT ELMENDORF AIR FORCE BASE, ANCHORAGE, ALASKA, WAS DISALLOWED.

PURSUANT TO YOUR TRAVEL AUTHORIZATION, SPECIAL ORDER AA-179, HEADQUARTERS, ELMENDORF AIR FORCE BASE, DATED JUNE 16, 1964, YOU DEPARTED ANCHORAGE BY PRIVATELY-OWNED AUTOMOBILE ON JUNE 19, 1964, AND ARRIVED IN SEATTLE, WASHINGTON, ON JUNE 25. FROM THAT POINT YOU PROCEEDED TO TEMPORARY DUTY AT ROLLA, MISSOURI, AS AUTHORIZED BY A SEPARATE TRAVEL ORDER, RETURNING TO BOISE, IDAHO, WHERE YOU REJOINED YOUR FAMILY AND CONTINUED YOUR REEMPLOYMENT LEAVE ON JULY 6. YOU LEFT BOISE ON JULY 7, TRAVELING BY PRIVATELY-OWNED AUTOMOBILE TO PORTLAND, OREGON; SAN FRANCISCO, CALIFORNIA; LAS VEGAS, NEVADA; SALT LAKE CITY, UTAH; GLACIER NATIONAL PARK, MONTANA; BANFF NATIONAL PARK, CANADA; DAWSON, CANADA; AND BACK TO ANCHORAGE. ACCORDING TO YOUR REVISED TRAVEL VOUCHER YOU REMAINED IN EACH OF THE ABOVE LOCATIONS EXCEPT ROLLA FOR LESS THAN 24 HOURS. YOU BASED YOUR CLAIM FOR REIMBURSEMENT OF TRAVEL EXPENSES ON THE CONSTRUCTIVE COST OF ROUND-TRIP TRAVEL BY MILITARY AIRCRAFT AND COMMON CARRIER (TRAIN) BETWEEN ANCHORAGE AND PHILADELPHIA, PENNSYLVANIA, YOUR ACTUAL RESIDENCE AT THE TIME OF APPOINTMENT TO DUTY IN ALASKA. YOUR EXPENSES ON REEMPLOYMENT LEAVE BASED ON THE MILEAGE AND PER DIEM RATES PRESCRIBED IN YOUR TRAVEL AUTHORIZATION AND THE TRAVEL ACTUALLY PERFORMED WERE IN EXCESS OF SUCH CONSTRUCTIVE COST.

THE MAXIMUM PAYMENT WHICH MAY BE ALLOWED AN EMPLOYEE FOR REEMPLOYMENT LEAVE TRAVEL WHEN HE DOES NOT RETURN TO HIS ACTUAL RESIDENCE IS THE COST OF DIRECT TRAVEL BETWEEN HIS DUTY STATION AND SOME ALTERNATE POINT IN THE UNITED STATES WHICH HE VISITS DURING SUCH LEAVE. MAXIMUM ALLOWABLE PAYMENT MAY NOT BE COMPUTED ON THE BASIS OF A CIRCUITOUS OR TOUR ROUTE USED BY THE EMPLOYEE FOR PERSONAL REASONS. 37 COMP. GEN. 113 (COPY ENCLOSED); PARAGRAPH 17C, CHAPTER 4, AFM 40 10, IN FORCE AT THE TIME. THEREFORE, A PLACE YOU VISITED MUST BE DESIGNATED AS YOUR ALTERNATE POINT OF REEMPLOYMENT LEAVE FOR TRAVEL PURPOSES. IF YOU HAD BEEN FULLY ADVISED OF THE LIMITATIONS UPON REIMBURSEMENT FOR REEMPLOYMENT TRAVEL AND HAD BEEN REQUIRED TO DESIGNATE AN ALTERNATE LOCATION FOR LEAVE AS PROVIDED BY AIR FORCE REGULATIONS, YOU WOULD NO DOUBT HAVE DESIGNATED LAS VEGAS, THE FARTHEST LOCATION FROM ANCHORAGE WHICH YOU VISITED WHILE ON LEAVE, AS YOUR ALTERNATE DESTINATION. IN VIEW OF ALL THE FACTS INVOLVED, ESPECIALLY THE FACT THAT YOU DID NOT REMAIN IN ANY ONE PLACE FOR MORE THAN 24 HOURS DURING YOUR PERIOD OF LEAVE, WE BELIEVE THAT COMPUTATION OF THE MAXIMUM ALLOWABLE PAYMENT TO YOU MAY BE BASED ON THE COST OF DIRECT TRAVEL TO LAS VEGAS AND RETURN.

FOR THE REASONS STATED YOU ARE ENTITLED TO MILEAGE FOR THE AUTOMOBILE TRAVEL INCIDENT TO REEMPLOYMENT LEAVE NOT TO EXCEED THE CONSTRUCTIVE COST OF DIRECT TRAVEL TO LAS VEGAS, AND RETURN, INCLUDING APPROPRIATE AMOUNTS FOR TAXI FARES WHICH WOULD HAVE BEEN INCURRED AND PER DIEM BASED ON ACTUAL TRANSPORTATION SCHEDULES. SETTLEMENT FOR THE ADDITIONAL AMOUNT FOUND DUE WILL BE ISSUED BY THE CLAIMS DIVISION OF OUR OFFICE IN DUE COURSE.