B-169532, SEP. 11, 1970

B-169532: Sep 11, 1970

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HIS FAMILY WAS PERMITTED TO RETURN HOME. LATER DUE TO EMERGENCY CONDITIONS OF OF A RELEASE AGREEMENT UPON REASONS WHICH WERE ACCEPTABLE TO THE GOVERNMENT PURSUANT TO PROVISIONS OF THE JTR. F. STEWART: THIS IS IN REPLY TO YOUR LETTER OF OCTOBER 9. FINN WAS TRANSFERRED TO YOUR INSTALLATION ON APRIL 2. WAS ISSUED. FINN'S EMPLOYING INSTALLATION WAS CONSIDERING WHETHER TO RELEASE HIM FROM HIS SERVICE AGREEMENT FOR REASONS ACCEPTABLE TO THE GOVERNMENT BUT DID NOT HAVE SUFFICIENT FACTS UPON WHICH TO MAKE A DETERMINATION. FINN WAS. FINN'S TRAVEL AND HIS EMPLOYMENT OBLIGATIONS WERE DETERMINED TOGETHER WITH HIS HAVING BEEN RELEASED FROM OVERSEAS SERVICE SO SOON AFTER THE TRAVEL WAS EFFECTED. WHICH IS RETURNED HEREWITH.

B-169532, SEP. 11, 1970

TERMINATION OF SERVICE AGREEMENTS DECISION TO FINANCE OFFICER ADVISING THAT VOUCHER FOR PAYMENT OF EXPENSES FOR AN EMPLOYEE WHO RETURNED HOME DUE TO LEGITIMATE CIRCUMSTANCES, IF PROPER MAY BE CERTIFIED FOR PAYMENT. HIS FAMILY WAS PERMITTED TO RETURN HOME, AND PENDING A DETERMINATION EMPLOYEE, WHO ACCEPTED AN OVERSEAS POSITION, SIGNING A SERVICE AGREEMENT FOR ONE-YEAR PERIOD, BUT LATER DUE TO EMERGENCY CONDITIONS OF OF A RELEASE AGREEMENT UPON REASONS WHICH WERE ACCEPTABLE TO THE GOVERNMENT PURSUANT TO PROVISIONS OF THE JTR, THE EMPLOYEE MAY BE AUTHORIZED REIMBURSEMENT FOR TRANSPORTATION, PER DIEM, AND SHIPMENT OF HOUSEHOLD EFFECTS FROM OVERSEAS STATION TO STATESIDE.

TO LIEUTENANT J. F. STEWART:

THIS IS IN REPLY TO YOUR LETTER OF OCTOBER 9, 1969, REFERENCE AMXAN FA, REQUESTING A DECISION AS TO THE ALLOWABILITY OF A TRAVEL VOUCHER FOR $169.80 IN FAVOR OF MR. WILLIAM J. FINN.

MR. FINN, AN EMPLOYEE OF YOUR INSTALLATION, ACCEPTED A POSITION IN VIETNAM ON SEPTEMBER 23, 1968, AND SIGNED A SERVICE AGREEMENT FOR A ONE YEAR PERIOD. ON MARCH 14, 1969, MR. FINN'S INSTALLATION IN VIETNAM REQUESTED YOUR PERSONNEL OFFICE FOR INFORMATION CONCERNING THE CONDITION OF THE EMPLOYEE'S FAMILY IN ALABAMA UPON WHICH A DETERMINATION COULD BE MADE REGARDING RELEASE OF MR. FINN FROM HIS AGREEMENT FOR REASONS ACCEPTABLE TO THE GOVERNMENT. YOUR PERSONNEL OFFICE GAVE AVAILABLE INFORMATION ON THE SAME DAY, STATED MORE DETAILS WOULD FOLLOW, AND RECOMMENDED THAT AS A MINIMUM MR. FINN BE GRANTED EMERGENCY LEAVE TO RETURN HOME.

A LETTER ORDER DATED MARCH 15, 1969, GRANTED MR. FINN EMERGENCY LEAVE, PROVIDED TRANSPORTATION TO THE UNITED STATES ON A SPACE AVAILABLE BASIS, AND STATED THAT TRAVEL WITHIN THE UNITED STATES WOULD BE AT THE EMPLOYEE'S PERSONAL EXPENSE. MR. FINN DEPARTED VIETNAM ON MARCH 16, 1969, AND ARRIVED HOME ON MARCH 18, 1969. FOLLOWING RELEASE FROM HIS SERVICE AGREEMENT ON MARCH 26, 1969, MR. FINN WAS TRANSFERRED TO YOUR INSTALLATION ON APRIL 2, 1969. ON APRIL 4, 1969, MR. FINN'S OVERSEAS INSTALLATION ISSUED ORDERS AUTHORIZING REIMBURSEMENT FOR TRANSPORTATION, PER DIEM, AND SHIPMENT OF HOUSEHOLD EFFECTS FROM VIETNAM TO ANNISTON ARMY DEPOT.

MR. FINN'S VOUCHER COVERS THE COST OF TRANSPORTATION WITHIN THE UNITED STATES AND PER DIEM IN LIEU OF SUBSISTENCE FOR TRAVEL FROM VIETNAM TO ANNISTON, ALABAMA.

PARAGRAPH C 2053-1, JOINT TRAVEL REGULATIONS, VOLUME 2, PROVIDES IN PERTINENT PART AS FOLLOWS:

"1. PURPOSE. AN ISSUED TRAVEL ORDER MAY BE CHANGED OR CORRECTED WITHIN CERTAIN LIMITATIONS BY THE ISSUANCE OF AN AMENDMENT. AN AMENDMENT MAY BE ISSUED BEFORE OR AFTER COMPLETION OF TRAVEL UNDER THE ORDER BEING AMENDED TO:

"1. RECOGNIZE SOME ESSENTIAL ASPECTS OF TRAVEL NOT KNOWN IN ADVANCE,"

THE RECORD INDICATES THAT WHEN THE LETTER ORDER OF MARCH 15, 1969, WAS ISSUED, MR. FINN'S EMPLOYING INSTALLATION WAS CONSIDERING WHETHER TO RELEASE HIM FROM HIS SERVICE AGREEMENT FOR REASONS ACCEPTABLE TO THE GOVERNMENT BUT DID NOT HAVE SUFFICIENT FACTS UPON WHICH TO MAKE A DETERMINATION. ON MARCH 26, 1969, MR. FINN WAS, IN FACT, RELEASED FROM HIS SERVICE AGREEMENT FOR REASONS ACCEPTABLE TO THE GOVERNMENT AND TRANSFERRED TO YOUR INSTALLATION.

IN LIGHT OF THE EMERGENCY CIRCUMSTANCES UNDER WHICH THE DETERMINATIONS CONCERNING MR. FINN'S TRAVEL AND HIS EMPLOYMENT OBLIGATIONS WERE DETERMINED TOGETHER WITH HIS HAVING BEEN RELEASED FROM OVERSEAS SERVICE SO SOON AFTER THE TRAVEL WAS EFFECTED, WE BELIEVE THE ORDERS OF APRIL 4, 1969, MAY BE REGARDED AS AMENDING THE LETTER ORDER WITHIN THE SCOPE OF PARAGRAPH C 2053-1.1, JTR, VOLUME 2. ACCORDINGLY THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE PAID IF OTHERWISE PROPER.