B-159367, JUL. 26, 1966

B-159367: Jul 26, 1966

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THOSE ITEMS WERE DISALLOWED BASED ON A PREVIOUS ROUND TRIP FROM THE CANAL ZONE TO BRONX. SHE WAS INFORMED THAT HER RESIGNATION CONSTITUTED A FAILURE TO FULFILL HER TRAVEL AND TRANSPORTATION AGREEMENT OF JULY 15. 397) WAS LIQUIDATED BY CREDITING THE CONSTRUCTIVE COST OF TRANSPORTATION FOR HERSELF AND DEPENDENTS TO THE UNITED STATES AS WELL AS THE CONSTRUCTIVE COST HAD SHE RETURNED HER HOUSEHOLD GOODS (ESTIMATED AS 6. SUCH ACTION YOU SAY WAS BASED ON BUREAU OF THE BUDGET CIRCULAR NO. THE FOLLOWING QUESTIONS ARE PRESENTED IN YOUR LETTER: "ARE THE RIGHTS OF MRS. "SINCE REPATRIATION WAS NOT EFFECTED WITHIN A REASONABLE TIME AS OUTLINED IN C.G. IS THE USE OF REPATRIATION COSTS AS AN OFFSET TO INDEBTEDNESS FOR BIENNIAL LEAVE STILL VALID?

B-159367, JUL. 26, 1966

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

YOUR LETTER OF MAY 17, 1966, WITH RELATED TRAVEL VOUCHER AND PAPERS, REFERENCE SO-27, TRANSMITTED THROUGH THE ABOVE OFFICE ON JUNE 6, 1966, REFERENCE MS-430, CONCERNS THE SUM OF $338 RECLAIMED BY MR. BERNARD L. POLOMSKI. THE SUBMITTED PAPERS DO NOT INCLUDE A COPY OF HIS TRAVEL AUTHORIZATION OR OF HIS PRIOR VOUCHER.

YOUR OFFICE DISALLOWED THE SUM OF $338 ON MR. POLOMSKI'S PRIOR VOUCHER FOR THE BIENNIAL LEAVE ROUND TRIP WHICH HE, WITH HIS DEPENDENTS, PERFORMED FROM THE CANAL ZONE TO DETROIT, MICHIGAN, DURING THE PERIOD FROM AUGUST 6 TO OCTOBER 19, 1965. AS STATED ON THE PRESENT VOUCHER THE SUM OF $338 REPRESENTS THE COST OF ONE-WAY AIR TRAVEL ($169) FOR MRS. POLOMSKI'S RETURN OCTOBER 12 FROM DETROIT VIA NEW YORK, ARRIVING IN THE CANAL ZONE ON OCTOBER 19, 1965, PLUS A SIMILAR AMOUNT OF AIR FARE ($169) COMPARATIVELY FOR HER SON'S PRIVATE VEHICLE TRAVEL MOTOR SCOOTER, APPROXIMATELY 5,000 MILES) FROM THE CANAL ZONE TO NEW YORK, NEW YORK, JUNE 11 TO JULY 23, 1965.

THOSE ITEMS WERE DISALLOWED BASED ON A PREVIOUS ROUND TRIP FROM THE CANAL ZONE TO BRONX, NEW YORK AND RETURN--- FOR THE PURPOSE OF TAKING LEAVE--- WHICH MRS. POLOMSKI, THEN CLARA M. MALONEY, AND HER CHILDREN, HAD PERFORMED AUGUST 9 TO SEPTEMBER 4, 1964, INCIDENT TO HER EMPLOYMENT WITH THE FEDERAL AVIATION AGENCY. ON NOVEMBER 7, 1964, MRS. MALONEY RESIGNED FROM HER POSITION WITH THE FEDERAL AVIATION AGENCY, THEREBY BREACHING HER EMPLOYMENT AGREEMENT WITH THAT AGENCY AND THEREAFTER ON DECEMBER 4, 1964, SHE MARRIED MR. POLOMSKI. SHE WAS INFORMED THAT HER RESIGNATION CONSTITUTED A FAILURE TO FULFILL HER TRAVEL AND TRANSPORTATION AGREEMENT OF JULY 15, 1964. YOU SAY THAT THE INDEBTEDNESS FOR MRS. MALONEY'S TRAVEL TO THE CANAL ZONE ON SEPTEMBER 4, 1964 (VOUCHER NO. 3 5 265, GOVERNMENT TRANSPORTATION REQUEST NO. LO,352,397) WAS LIQUIDATED BY CREDITING THE CONSTRUCTIVE COST OF TRANSPORTATION FOR HERSELF AND DEPENDENTS TO THE UNITED STATES AS WELL AS THE CONSTRUCTIVE COST HAD SHE RETURNED HER HOUSEHOLD GOODS (ESTIMATED AS 6,000 POUNDS) TO THE UNITED STATES. THAT ACTION, YOU SAY, LEFT A CREDIT OF APPROXIMATELY $100 TO BE APPLIED TOWARD ACTUAL RETURN OF SUCH GOODS TO THE UNITED STATES. SUCH ACTION YOU SAY WAS BASED ON BUREAU OF THE BUDGET CIRCULAR NO. A-56 AND OUR DECISION AT 37 COMP. GEN. 502.

THE FOLLOWING QUESTIONS ARE PRESENTED IN YOUR LETTER:

"ARE THE RIGHTS OF MRS. POLOMSKI AS DEPENDENT OF MR. POLOMSKI AFFECTED BY HER PREVIOUS STATUS AS MRS. MALONEY, AN EMPLOYEE OF THIS AGENCY?

"SINCE REPATRIATION WAS NOT EFFECTED WITHIN A REASONABLE TIME AS OUTLINED IN C.G. DECISION 37-502, IS THE USE OF REPATRIATION COSTS AS AN OFFSET TO INDEBTEDNESS FOR BIENNIAL LEAVE STILL VALID?

"COMPTROLLER GENERAL DECISION B-1-141295 DATED 12/22/59 STATES IN PART "THAT REASONABLE TIME AFTER DATE OF SEPARATION WILL BE CONSIDERED AS NOT EXCEEDING 90 DAYS.' THIS DECISION CITES PARA. 18 (E), CH. 4, PARA. AFM 40 -10 AS THE BASIS FOR ESTABLISHING THE 90 DAY LIMITATION. IS THIS 90 DAY LIMITATION INTENDED TO APPLY TO CIVILIAN EMPLOYEES AS WELL AS MILITARY?

IN LINE WITH 37 COMP. GEN. 502 CITED IN YOUR LETTER, THE ADJUSTMENT OF MRS. MALONEY'S DEBT BY OFFSETTING A CONSTRUCTIVE CREDIT REPRESENTING THE COST OF RETURN TRANSPORTATION FOR HERSELF, HER DEPENDENTS AND HOUSEHOLD EFFECTS TO HER ACTUAL PLACE OF RESIDENCE EXTINGUISHED HER LIABILITY TO THE UNITED STATES ARISING OUT OF HER BREACH OF AGREEMENT. THE FACT THAT MRS. MALONEY MARRIED MR. POLOMSKI AND WAS NOT REPATRIATED WITHIN A REASONABLE TIME DOES NOT INVALIDATE THE OFFSETTING ACTION WHICH EXTINGUISHED HER INDEBTEDNESS. HOWEVER, IT DOES PRECLUDE HER RETAINING CREDIT FOR FUTURE USE OF THE $100 WHICH REPRESENTED THE EXCESS CONSTRUCTIVE ALLOWABLE COSTS OVER THE AMOUNT OF HER INDEBTEDNESS. YOUR FIRST TWO QUESTIONS ARE ANSWERED ACCORDINGLY.

AS TO YOUR LAST QUESTION, OUR DECISION B-141295 DATED DECEMBER 22, 1959, CONCERNED A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE WHO DELAYED HIS RETURN TO THE UNITED STATES FOR NEARLY ELEVEN MONTHS AFTER HIS SEPARATION OVERSEAS. THAT EMPLOYEE'S RETURN TRAVEL WAS SUBJECT TO THE 90 DAYS LIMITATION WHICH THAT DEPARTMENT PRESCRIBED IN THE CIVILIAN TRAVEL AND TRANSPORTATION REGULATION AFM 40-10, CHAP. 4, PARAGRAPH 18 (E). THAT LIMITATION HAS NO APPLICATION TO MILITARY PERSONNEL AND IS NOT APPLICABLE TO CIVILIAN EMPLOYEES OF OTHER DEPARTMENTS AND AGENCIES WHOSE POLICY OR REGULATIONS MIGHT NOT PRESCRIBE A LIMITATION OR MIGHT PRESCRIBE A DIFFERENT LIMITATION.

THE AMOUNT OF $169 RECLAIMED FOR MRS. POLOMSKI'S TRAVEL IN 1965 APPEARS ALLOWABLE AS HER 1964 TRAVEL DEBT WAS EXTINGUISHED AND SUCH PREVIOUS TRAVEL SITUATION DOES NOT NEGATIVELY AFFECT HER TRAVEL STATUS AS A DEPENDENT OF MR. POLOMSKI.

AS TO THE "MOTOR SCOOTER" TRAVEL BY THE SON AS A DEPENDENT IT MAY BE THAT MR. POLOMSKI'S TRAVEL ORDER DID NOT SPECIFICALLY AUTHORIZE SUCH MODE OF TRAVEL BY HIM ON A MILEAGE RATE BASIS WITH REIMBURSABLE COSTS LIMITED NOT TO EXCEED COMPARATIVE COST BY COMMON CARRIER. IN THE EVENT THAT MR. POLOMSKI'S TRAVEL AUTHORIZATION DID NOT SPECIFY SUCH MODE OF TRANSPORTATION WE WOULD NOT OBJECT TO AN ALLOWANCE BASED ON ACTUAL EXPENDITURES FOR GASOLINE AND OIL, SUBJECT TO APPROPRIATE ADMINISTRATIVE VERIFICATION AND APPROVAL BUT LIMITED TO NOT EXCEED THE AMOUNT ($169) CLAIMED.

ACCORDINGLY, THE VOUCHER RETURNED HEREWITH MAY BE CERTIFIED ONLY IN THE AMOUNT OF $169 COVERING MRS. POLOMSKI'S TRAVEL COSTS FROM DETROIT TO THE CANAL ZONE UNLESS TRAVEL OF DEPENDENT CHILD BY MOTOR SCOOTER ON A MILEAGE BASIS WAS AUTHORIZED IN MR. POLOMSKI'S TRAVEL ORDER. IN THE EVENT IT WAS NOT SO AUTHORIZED MR. POLOMSKI THEN WOULD HAVE THE RESPONSIBILITY TO JUSTIFY ACTUAL EXPENDITURES ON ACCOUNT OF THE SON'S TRAVEL IN ACCORDANCE WITH THE FOREGOING.