B-163639, MAR 27, 1968

B-163639: Mar 27, 1968

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INCIDENT TO YOUR TRANSFER WERE AUTHORIZED BY TRAVEL ORDER DATED MARCH 13. YOUR CLAIM WAS DISALLOWED SINCE SECTION 1.1B (1). YOU BELIEVE THE CITED SECTION IS INAPPLICABLE TO YOUR CLAIM SINCE YOU WERE ASSIGNED TO TOKYO AS AN EMPLOYEE OF THE FEDERAL AVIATION ADMINISTRATION AND YOU WERE PAID SALARY AND ALLOWANCES FROM THE PACIFIC REGION HEADQUARTERS OF THE ADMINISTRATION. WE HAVE BEEN ADVISED THAT THE ADMINISTRATOR OF THE FEDERAL AVIATION ADMINISTRATION PREVIOUSLY HAD DETERMINED THAT EMPLOYEES OF THAT AGENCY STATIONED IN FOREIGN COUNTRIES WOULD RECEIVE ALLOWANCES IN ACCORDANCE WITH THE STATE DEPARTMENT FOREIGN AFFAIRS MANUAL. YOU RECEIVED BENEFITS AND ALLOWANCES UNDER THE FOREIGN AFFAIRS MANUAL WHICH WOULD NOT HAVE BEEN ALLOWABLE UNDER THE REGULATIONS THEN IN EFFECT FOR EMPLOYEES OF THE GOVERNMENT NOT COVERED BY SUCH MANUAL.

B-163639, MAR 27, 1968

TO MR. JAMES E. CREED:

WE REFER TO YOUR LETTER OF FEBRUARY 16, 1968, REQUESTING THAT WE REVIEW THE SETTLEMENT OF THE CLAIMS DIVISION OF THIS OFFICE DATED OCTOBER 3, 1967, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF VARIOUS EXPENSES UNDER THE PROVISIONS OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, IMPLEMENTING THE ACT OF JULY 21, 1966, PUBLIC LAW 89- 516, 80 STAT. 323, INCIDENT TO YOUR TRANSFER OF DUTY STATION AS AN EMPLOYEE OF THE FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION, FROM TOKYO, JAPAN, TO WASHINGTON, D.C.

TRAVEL AND TRANSPORTATION ALLOWANCES, INCIDENT TO YOUR TRANSFER WERE AUTHORIZED BY TRAVEL ORDER DATED MARCH 13, 1967, IN ACCORDANCE WITH THE FOREIGN AFFAIRS MANUAL, AND YOUR CLAIM WAS DISALLOWED SINCE SECTION 1.1B (1), CIRCULAR NO. A-56, PROVIDES THAT THE REGULATIONS THEREIN DO NOT APPLY TO OFFICERS AND EMPLOYEES TRANSFERRED IN ACCORDANCE WITH THE PROVISIONS OF THE FOREIGN SERVICE ACT OF 1946, AS AMENDED. YOU BELIEVE THE CITED SECTION IS INAPPLICABLE TO YOUR CLAIM SINCE YOU WERE ASSIGNED TO TOKYO AS AN EMPLOYEE OF THE FEDERAL AVIATION ADMINISTRATION AND YOU WERE PAID SALARY AND ALLOWANCES FROM THE PACIFIC REGION HEADQUARTERS OF THE ADMINISTRATION.

SECTION 303 OF THE FEDERAL AVIATION ACT OF 1958, AS AMENDED, 49 U.S.C. 1344, AUTHORIZES THE ADMINISTRATOR, AMONG OTHER THINGS, TO MAKE SUCH EXPENDITURES AT THE SEAT OF GOVERNMENT AND ELSEWHERE AS MAY BE NECESSARY IN THE PERFORMANCE OF HIS DUTIES, INCLUDING EXPENDITURES FOR PAYMENT OF ALLOWANCES AND OTHER BENEFITS TO EMPLOYEES STATIONED IN FOREIGN COUNTRIES TO THE SAME EXTENT AS AUTHORIZED FROM TIME TO TIME FOR MEMBERS OF THE FOREIGN SERVICE OF THE UNITED STATES OF COMPARABLE GRADE.

WE HAVE BEEN ADVISED THAT THE ADMINISTRATOR OF THE FEDERAL AVIATION ADMINISTRATION PREVIOUSLY HAD DETERMINED THAT EMPLOYEES OF THAT AGENCY STATIONED IN FOREIGN COUNTRIES WOULD RECEIVE ALLOWANCES IN ACCORDANCE WITH THE STATE DEPARTMENT FOREIGN AFFAIRS MANUAL. APPARENTLY WHEN YOU TRAVELED TO JAPAN IN 1963, AND WHILE STATIONED THERE, YOU RECEIVED BENEFITS AND ALLOWANCES UNDER THE FOREIGN AFFAIRS MANUAL WHICH WOULD NOT HAVE BEEN ALLOWABLE UNDER THE REGULATIONS THEN IN EFFECT FOR EMPLOYEES OF THE GOVERNMENT NOT COVERED BY SUCH MANUAL. SINCE YOU WERE TRANSFERRED TO WASHINGTON IN ACCORDANCE WITH THE FOREIGN AFFAIRS MANUAL, AND ALLOWANCES WERE PAID AS AUTHORIZED, THE DISALLOWANCE OF YOUR CLAIM MUST BE SUSTAINED.

WE POINT OUT THAT EVEN IF THE FOREIGN AFFAIRS MANUAL WAS NOT APPLICABLE IN YOUR CASE YOU WOULD NOT BE ENTITLED UNDER PUBLIC LAW 89 516 TO REIMBURSEMENT OF ANY EXPENSES IN CONNECTION WITH THE PURCHASE OF REAL ESTATE. THIS IS SO BECAUSE THE ACT STATES THAT SUCH EXPENSES ARE ALLOWABLE ONLY ,WHEN THE OLD AND NEW STATIONS ARE LOCATED WITHIN THE UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA), ITS TERRITORIES AND POSSESSIONS, THE COMMONWEALTH OF PUERTO RICO, AND THE CANAL ZONE.' SEE ALSO SECTION 4.1A OF CIRCULAR NO. A-56.