B-163997, MAY 10, 1968

B-163997: May 10, 1968

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YOUR CLAIM WAS DISALLOWED BECAUSE AN EMPLOYEE WHO RETIRES WHILE ON PERMANENT DUTY IN THE UNITED STATES IS NOT ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES TO HIS HOME IN CONNECTION WITH RETIREMENT. TERMINATED WHEN YOU WERE TRANSFERRED TO OKLAHOMA CITY. YOU BELIEVE YOUR CLAIM IS VALID BASED ON THE AGREEMENT BETWEEN YOU AND THE GOVERNMENT AT THE TIME OF TRANSFER TO HAWAII. PROVIDES THE MEASURE OF THE TRAVEL AND TRANSPORTATION ALLOWANCES TO EMPLOYEES WHO HAVE SERVED AT POSTS OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES AND WHO ARE RETURNED TO THE UNITED STATES FOR SEPARATION FROM THE SERVICE RATHER THAN ON TRANSFER. WHEN AN EMPLOYEE IS TRANSFERRED FROM A POST OVERSEAS TO A POST IN THE UNITED STATES HIS TRAVEL AND TRANSPORTATION ALLOWANCES ARE GOVERNED BY THE TRANSFER PROVISIONS OF SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT.

B-163997, MAY 10, 1968

TO MR. IRVING D. SMITH:

WE REFER TO YOUR LETTER OF MARCH 22, 1968, REQUESTING REVIEW OF THE SETTLEMENT WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED BY YOU FOR YOUR TRAVEL AND THE TRANSPORTATION OF YOUR WIFE AND HOUSEHOLD GOODS FROM BETHANY, OKLAHOMA, TO BAINBRIDGE ISLAND, WASHINGTON, IN SEPTEMBER 1967, INCIDENT TO YOUR RETIREMENT AS AN EMPLOYEE OF THE FEDERAL AVIATION ADMINISTRATION.

YOUR CLAIM WAS DISALLOWED BECAUSE AN EMPLOYEE WHO RETIRES WHILE ON PERMANENT DUTY IN THE UNITED STATES IS NOT ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES TO HIS HOME IN CONNECTION WITH RETIREMENT, THERE BEING NO STATUTE OR REGULATION AUTHORIZING SUCH ALLOWANCES. YOUR ENTITLEMENT TO TRAVEL AND TRANSPORTATION ALLOWANCES TO YOUR FORMER RESIDENCE, INCIDENT TO YOUR TRANSFER FROM SEATTLE, WASHINGTON, TO HAWAII IN 1951, TERMINATED WHEN YOU WERE TRANSFERRED TO OKLAHOMA CITY, OKLAHOMA, IN 1962. YOU BELIEVE YOUR CLAIM IS VALID BASED ON THE AGREEMENT BETWEEN YOU AND THE GOVERNMENT AT THE TIME OF TRANSFER TO HAWAII.

SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 73B-3 (NOW 5722 (SUPP. II) (, PROVIDES THE MEASURE OF THE TRAVEL AND TRANSPORTATION ALLOWANCES TO EMPLOYEES WHO HAVE SERVED AT POSTS OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES AND WHO ARE RETURNED TO THE UNITED STATES FOR SEPARATION FROM THE SERVICE RATHER THAN ON TRANSFER. HOWEVER, WHEN AN EMPLOYEE IS TRANSFERRED FROM A POST OVERSEAS TO A POST IN THE UNITED STATES HIS TRAVEL AND TRANSPORTATION ALLOWANCES ARE GOVERNED BY THE TRANSFER PROVISIONS OF SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT, AS AMENDED, 5 U.S.C. 73B-1 (NOW 5724 (SUPP. II) (, WHICH AUTHORIZE ALLOWANCE OF TRAVEL AND TRANSPORTATION EXPENSES TO THE NEW DUTY STATION. SINCE YOUR ELIGIBILITY FOR TRAVEL AND TRANSPORTATION ALLOWANCES TO YOUR PLACE OF RESIDENCE AT THE TIME OF YOUR ASSIGNMENT OVERSEAS TERMINATED UPON YOUR TRANSFER TO OKLAHOMA CITY, WE MUST SUSTAIN THE DISALLOWANCE OF YOUR CLAIM.

REGARDING YOUR QUESTION ABOUT FURTHER APPEAL OF YOUR CLAIM, WE POINT OUT THAT DECISIONS OF THIS OFFICE ARE BINDING UPON THE EXECUTIVE BRANCH OF THE FEDRRAL GOVERNMENT. AS TO MATTERS COGNIZABLE BY THE UNITED STATES DISTRICT COURTS AND THE UNITED STATES COURT OF CLAIMS, SEE 28 U.S.C. 1346 AND 1491.

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