B-159995, OCT. 3, 1966

B-159995: Oct 3, 1966

Additional Materials:

Contact:

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

 

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

WHO WAS RETURNING TO THAT PLACE AFTER ATTENDING SCHOOL IN THE UNITED STATES. YOU WERE EMPLOYED BY THE DEPARTMENT OF THE NAVY AFTER YOUR ARRIVAL IN THE PHILIPPINES. IN THE CIRCUMSTANCES THE RULES APPLICABLE TO THE EMPLOYMENT OF UNITED STATES CITIZENS BY OVERSEAS ACTIVITIES OF THE GOVERNMENT OUTSIDE THE UNITED STATES MUST BE APPLIED IN DETERMINING WHETHER YOU ARE ENTITLED TO THE BENEFITS YOU NOW SEEK. IN ACCORDANCE WITH THE APPLICABLE LAW AND REGULATIONS AN AGENCY EMPLOYING UNITED STATES CITIZENS LOCALLY OVERSEAS MUST MAKE A DETERMINATION WHETHER THE PERSON BEING EMPLOYED IS ENTITLED TO THE BENEFITS AUTHORIZED FOR GOVERNMENT EMPLOYEES RECRUITED IN THE UNITED STATES FOR OVERSEAS DUTY OR TRANSFERRED TO OVERSEAS POSITIONS.

B-159995, OCT. 3, 1966

TO STAFF, COMMANDER U.S. NAVAL FORCES:

WE REFER TO YOUR LETTER OF JULY 11, 1966, CONCERNING YOUR ENTITLEMENT TO QUARTERS ALLOWANCE, POST DIFFERENTIAL AND TRANSPORTATION FOR RETURN TO THE UNITED STATES INCIDENT TO YOUR EMPLOYMENT BY THE COMMANDER, U.S. NAVAL FORCES, PHILIPPINES, DEPARTMENT OF THE NAVY.

YOU SAY THAT YOU TRAVELED TO THE PHILIPPINES IN ORDER TO REMAIN WITH YOUR HUSBAND, A CITIZEN OF THE PHILIPPINES, WHO WAS RETURNING TO THAT PLACE AFTER ATTENDING SCHOOL IN THE UNITED STATES. YOU WERE EMPLOYED BY THE DEPARTMENT OF THE NAVY AFTER YOUR ARRIVAL IN THE PHILIPPINES. IN THE CIRCUMSTANCES THE RULES APPLICABLE TO THE EMPLOYMENT OF UNITED STATES CITIZENS BY OVERSEAS ACTIVITIES OF THE GOVERNMENT OUTSIDE THE UNITED STATES MUST BE APPLIED IN DETERMINING WHETHER YOU ARE ENTITLED TO THE BENEFITS YOU NOW SEEK.

IN ACCORDANCE WITH THE APPLICABLE LAW AND REGULATIONS AN AGENCY EMPLOYING UNITED STATES CITIZENS LOCALLY OVERSEAS MUST MAKE A DETERMINATION WHETHER THE PERSON BEING EMPLOYED IS ENTITLED TO THE BENEFITS AUTHORIZED FOR GOVERNMENT EMPLOYEES RECRUITED IN THE UNITED STATES FOR OVERSEAS DUTY OR TRANSFERRED TO OVERSEAS POSITIONS. THE CRITERIA FOR MAKING SUCH DETERMINATIONS ARE SET OUT IN SECTION 031.12 OF THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS) WHICH WERE ISSUED UNDER SECTION 203 OF THE OVERSEAS DIFFERENTIALS AND ALLOWANCES ACT, PUB.L. 86- 707, NOW CONTAINED IN 5 U.S.C. 5922 (C). SINCE THAT SECTION WAS QUOTED IN THE LETTER OF THE SECRETARY OF THE NAVY TO YOU OF APRIL 29, 1966, IT WILL NOT BE REPEATED HERE. UNDER THAT PROVISION A UNITED STATES CITIZEN EMPLOYED LOCALLY OVERSEAS MAY BE PAID THE QUARTERS ALLOWANCE AUTHORIZED FOR THE LOCALITY ONLY IF HIS PRESENCE IN THE OVERSEAS AREA IS FAIRLY ATTRIBUTABLE TO HIS GOVERNMENT EMPLOYMENT. THE DETERMINATION OF THE DEPARTMENT OF THE NAVY THAT YOUR PRESENCE IN THE PHILIPPINES WAS AND IS NOT PRIMARILY DUE TO YOUR EMPLOYMENT APPEARS TO BE REASONABLE UNDER THE CIRCUMSTANCES BECAUSE YOU TRAVELED TO THE PHILIPPINES IN ORDER TO REMAIN WITH YOUR HUSBAND AND BECAUSE YOUR APPARENT REASON FOR REMAINING THERE IS TO ACCUMULATE MONEY TO ENABLE YOU AND YOUR HUSBAND TO RETURN TO THE UNITED STATES.

SECTION 031.3 OF THE STANDARDIZED REGULATIONS ESTABLISHES THE SAME CRITERIA AS ARE APPLICABLE TO THE PAYMENT OF QUARTERS ALLOWANCES TO THE PAYMENT OF POST DIFFERENTIALS. FURTHER, SECTION 4650.5-6 OF THE NAVY CIVILIAN PERSONNEL INSTRUCTIONS, IN FORCE AT THE TIME YOU WERE EMPLOYED IN THE PHILIPPINES, ADVISED LOCAL COMMANDERS THAT IT WAS "HIGHLY DESIRABLE IN THE INTEREST OF UNIFORMITY" THAT THE CRITERIA PRESCRIBED IN SECTION 031.12 OF THE STANDARDIZED REGULATIONS BE APPLIED IN THEIR DETERMINATIONS OF WHETHER UNITED STATES CITIZENS HIRED LOCALLY SHOULD BE ALLOWED TO ENTER INTO AGREEMENTS FOR OVERSEAS SERVICE AND RETURN TRANSPORTATION. APPARENTLY THAT INSTRUCTION WAS FOLLOWED BY THE COMMANDER OF THE U.S. NAVAL FORCES, PHILIPPINES, AT THE TIME YOU WERE APPOINTED. ACCORDINGLY, NO OVERSEAS EMPLOYMENT AGREEMENT WAS NEGOTIATED WITH YOU FOR THE PURPOSE OF RETURN TRANSPORTATION UNDER 5 U.S.C. 73B-3 (1964 ED.) NOW 5 U.S.C. 5722.

UNDER THE APPLICABLE LAWS AND REGULATIONS AS DISCUSSED ABOVE WE FIND NO REASON TO QUESTION THE DETERMINATION OF THE DEPARTMENT OF THE NAVY TO THE EFFECT THAT YOU ARE NOT ENTITLED TO QUARTERS ALLOWANCE, POST DIFFERENTIAL OR RETURN TRANSPORTATION TO THE UNITED STATES AT THE COMPLETION OF AN AGREED UPON PERIOD OF SERVICE BY REASON OF YOUR EMPLOYMENT IN THE PHILIPPINES. THEREFORE, YOUR CLAIM IS DISALLOWED.