B-160762, FEBRUARY 28, 1967, 46 COMP. GEN. 675

B-160762, FEBRUARY 28, 1967, 46 COMP. GEN. 675

TRAVEL EXPENSES - OVERSEAS EMPLOYEES - HOME LEAVE - TO OTHER THAN RESIDENCE AN EMPLOYEE STATIONED IN ALASKA OR HAWAII WHOSE PLACE OF ACTUAL RESIDENCE IS LOCATED IN ANOTHER OF THE 50 STATES OR THE DISTRICT OF COLUMBIA UPON COMPLETION OF AN AGREED PERIOD OF SERVICE AND BEFORE SERVING ANOTHER TOUR OF DUTY AFTER THE ADMISSION OF ALASKA AND HAWAII INTO THE UNION IN ACCORDANCE WITH THE PROVISIONS OF BUREAU OF THE BUDGET CIRCULAR NO. 56, WHICH HAVE THE FORCE AND EFFECT OF LAW, MAY BE AUTHORIZED HOME LEAVE TRAVEL TO ANOTHER LOCATION IN ANY ONE OF THE 50 STATES, INCLUDING THE STATE IN WHICH STATIONED, OR THE DISTRICT OF COLUMBIA. HOWEVER, THE REGULATIONS DO NOT PROVIDE FOR TRAVEL TO VARIOUS LOCATIONS FOR PERSONAL REASONS, AND THE ELECTION OF AN ALTERNATE LEAVE LOCATION SHOULD BE SPECIFIED IN ADVANCE OF THE TRAVEL, WITH REIMBURSEMENT TO THE EMPLOYEE RESTRICTED TO ACTUAL COST, NOT TO EXCEED THE CONSTRUCTIVE COST TO PLACE OF ACTUAL RESIDENCE.

TO THE ADMINISTRATOR, FEDERAL AVIATION AGENCY, FEBRUARY 28, 1967:

BY LETTER DATED JANUARY 24, 1967, YOU REQUESTED OUR DECISION ON THE FOLLOWING QUESTIONS CONCERNING HOME LEAVE TRAVEL OF EMPLOYEES STATIONED IN ALASKA AND HAWAII.

1. WHETHER AN EMPLOYEE STATIONED IN ALASKA WHOSE PLACE OF ACTUAL RESIDENCE IS LOCATED IN THE CONTINENTAL UNITED STATES IS NOW ENTITLED TO PAYMENT BY THE GOVERNMENT OF VACATION LEAVE TRAVEL AND TRANSPORTATION EXPENSES TO A PLACE IN HAWAII.

2. WHETHER AN EMPLOYEE STATIONED IN HAWAII WHOSE PLACE OF ACTUAL RESIDENCE IS LOCATED IN THE CONTINENTAL UNITED STATES IS NOW ENTITLED TO PAYMENT BY THE GOVERNMENT OF VACATION LEAVE TRAVEL AND TRANSPORTATION EXPENSES TO A PLACE IN ALASKA.

3. WHETHER AN EMPLOYEE STATIONED IN ALASKA WHOSE PLACE OF ACTUAL RESIDENCE IS LOCATED IN THE STATE OF HAWAII IS NOW ENTITLED TO PAYMENT BY THE GOVERNMENT OF VACATION LEAVE TRAVEL AND TRANSPORTATION EXPENSES TO A PLACE IN THE CONTINENTAL UNITED STATES.

4. WHETHER AN EMPLOYEE STATIONED IN HAWAII WHOSE PLACE OF ACTUAL RESIDENCE IS LOCATED IN THE STATE OF ALASKA IS NOW ENTITLED TO PAYMENT BY THE GOVERNMENT OF VACATION LEAVE TRAVEL AND TRANSPORTATION EXPENSES TO A PLACE IN THE CONTINENTAL UNITED STATES.

5. WHETHER AN EMPLOYEE STATIONED IN ALASKA WHOSE PLACE OF ACTUAL RESIDENCE IS LOCATED IN THE STATE OF HAWAII IS NOW ENTITLED TO PAYMENT BY THE GOVERNMENT OF VACATION LEAVE TRAVEL AND TRANSPORTATION EXPENSES TO A PLACE IN THE STATE OF ALASKA.

6. WHETHER AN EMPLOYEE STATIONED IN HAWAII WHOSE PLACE OF ACTUAL RESIDENCE IS LOCATED IN THE STATE OF ALASKA IS NOW ENTITLED TO PAYMENT BY THE GOVERNMENT OF VACATION LEAVE TRAVEL AND TRANSPORTATION EXPENSES TO A PLACE IN THE STATE OF HAWAII.

THE STATUTORY AUTHORITY FOR THE PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES OF EMPLOYEES INCIDENT TO TAKING LEAVE BETWEEN SUCCESSIVE ASSIGNMENTS IS 5 U.S.C. 5728 (A) WHICH PROVIDES:

UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, AN AGENCY SHALL PAY FROM ITS APPROPRIATIONS THE EXPENSES OF ROUND-TRIP TRAVEL OF AN EMPLOYEE, AND THE TRANSPORTATION OF HIS IMMEDIATE FAMILY, BUT NOT HOUSEHOLD GOODS, FROM HIS POST OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES TO THE PLACE OF HIS ACTUAL RESIDENCE AT THE TIME OF APPOINTMENT OR TRANSFER TO THE POST OF DUTY, AFTER HE HAS SATISFACTORILY COMPLETED AN AGREED PERIOD OF SERVICE OUTSIDE THE CONTINENTAL UNITED STATES AND IS RETURNING TO HIS ACTUAL PLACE OF RESIDENCE TO TAKE LEAVE BEFORE SERVING ANOTHER TOUR OF DUTY AT THE SAME OR ANOTHER POST OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES UNDER A NEW WRITTEN AGREEMENT MADE BEFORE DEPARTING FROM THE POST OF DUTY.

EFFECTIVE JUNE 1, 1962, AFTER THE ADMISSION OF ALASKA AND HAWAII INTO THE UNION, THE APPLICABLE REGULATION OF THE BUREAU OF THE BUDGET (SECTION 4.2 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56) WAS REVISED TO READ AS FOLLOWS:

* * * IF LEAVE IS TAKEN AT ANOTHER LOCATION WITHIN THE UNITED STATES (THE 50 STATES AND THE DISTRICT OF COLUMBIA), A TERRITORY, POSSESSION, OR OTHER COUNTRY IN WHICH THE PLACE OF ACTUAL RESIDENCE IS LOCATED, THE TRAVEL AND TRANSPORTATION EXPENSES SHALL NOT EXCEED THOSE ALLOWED OVER A USUALLY TRAVELED ROUTE BETWEEN THE POST OF DUTY AND SUCH PLACE OF ACTUAL RESIDENCE AND RETURN TO THE SAME OR A DIFFERENT POST OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES.

THE CURRENT PROVISION (SECTION 7.2 OF BUREAU OF THE BUDGET CIRCULAR NO. A -56, REVISED, OCTOBER 12, 1966) CONTAINS SUBSTANTIALLY THE SAME LANGUAGE.

UNDER THE APPLICABLE STATUTORY REGULATIONS, WHICH HAVE THE SAME FORCE AND EFFECT AS A STATUTE, IT IS CLEAR THAT AN EMPLOYEE STATIONED IN ALASKA OR HAWAII, WHOSE PLACE OF ACTUAL RESIDENCE IS LOCATED IN ANOTHER OF THE 50 STATES OR THE DISTRICT OF COLUMBIA MAY BE AUTHORIZED HOME LEAVE TRAVEL TO ANOTHER LOCATION IN ANY ONE OF THE 50 STATES OR THE DISTRICT OF COLUMBIA. ACCORDINGLY, YOUR SIX QUESTIONS ARE ANSWERED IN THE AFFIRMATIVE. IN SUCH CONNECTION, OUR DECISION 37 COMP. GEN. 119, CITED IN YOUR LETTER, DOES NOT PRECLUDE AN AFFIRMATIVE ANSWER TO THE QUESTIONS PRESENTED SINCE THE STATUTORY REGULATIONS IN EFFECT AT THE TIME AND UPON WHICH SUCH DECISION WAS PREDICATED DIFFER FROM THE PRESENT REGULATIONS IN THAT THEY AUTHORIZED TRAVEL ONLY TO "ANOTHER LOCATION WITHIN THE COUNTRY, TERRITORY, OR POSSESSION IN WHICH SUCH PLACE OF ACTUAL RESIDENCE IS LOCATED," AND AT THE TIME SUCH DECISION WAS RENDERED ALASKA AND HAWAII WERE SEPARATE TERRITORIES.

WE POINT OUT, HOWEVER, THAT THE REGULATIONS DO NOT PROVIDE FOR TRAVEL TO VARIOUS LOCATIONS FOR PERSONAL CONVENIENCE. THE ELECTION OF AN ALTERNATE LOCATION ORDINARILY SHOULD BE SPECIFIED IN ADVANCE OF THE TRAVEL AND THE COST PAYABLE BY THE GOVERNMENT FOR TRAVEL TO THE ALTERNATE LOCATION IS RESTRICTED TO THE COST ACTUALLY INCURRED AND MAY NOT EXCEED THE CONSTRUCTIVE COST TO PLACE OF ACTUAL RESIDENCE. SEE 37 COMP. GEN. 113. CF. 41 ID. 553.