B-169898, AUG 18, 1970

B-169898: Aug 18, 1970

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BEFORE HIS 21ST BIRTHDAY BUT IN ADVANCE OF EMPLOYEE'S HOME LEAVE TRAVEL MAY HAVE SUCH TRAVEL CONSIDERED REIMBURSABLE UNDER SEC. 1.3A(4) OF BOB CIRCULAR NO. IS STATIONED IN ALASKA. REACHES HIS TWENTY-FIRST BIRTHDAY WHILE THE EMPLOYEE IS ASSIGNED TO DUTY OVERSEAS. SUCH FORMER MEMBER MAY BE RETURNED TO THE UNITED STATES AT GOVERNMENT EXPENSE PROVIDED HIS LAST TRAVEL OVERSEAS WAS AT GOVERNMENT EXPENSE AS A MEMBER OF THE IMMEDIATE FAMILY. RETURN OF SUCH FORMER MEMBER IS AUTHORIZED IN CONNECTION WITH THE EMPLOYEE'S NEXT ENTITLEMENT TO TRAVEL TO THE UNITED STATES BUT NOT BEYOND THE END OF THE EMPLOYEE'S AGREED TOUR OF DUTY.". JANES' SON LAST TRAVEL TO ALASKA WAS AT GOVERNMENT EXPENSE AS A MEMBER OF MR.

B-169898, AUG 18, 1970

OVERSEAS EMPLOYEE -- DEPENDENT TRAVEL AUTHORIZING CERTIFICATION OF VOUCHER FOR TRAVEL EXPENSES OF DEPENDENT SON OF EMPLOYEE STATIONED IN ALASKA IN ADVANCE OF EMPLOYEE'S HOME LEAVE TRAVEL. EMPLOYEE IN ALASKA WHOSE SON RETURNED FROM ALASKA TO U.S. BEFORE HIS 21ST BIRTHDAY BUT IN ADVANCE OF EMPLOYEE'S HOME LEAVE TRAVEL MAY HAVE SUCH TRAVEL CONSIDERED REIMBURSABLE UNDER SEC. 1.3A(4) OF BOB CIRCULAR NO. A-56.

TO MR. C. E. TIPTON:

WE REFER FURTHER TO YOUR LETTER OF MAY 20, 1970, REFERENCE 6540, WHICH REQUESTS A DECISION AS TO THE ALLOWABILITY OF REIMBURSEMENT FOR DEPENDENT TRAVEL TO MR. ROBERT C. JANES UNDER THE FOLLOWING CIRCUMSTANCES.

MR. JANES, AN EMPLOYEE OF THE FOREST SERVICE, IS STATIONED IN ALASKA. BECAME ELIGIBLE ON JUNE 15, 1969, FOR THE TRAVEL EXPENSES INCIDENT TO AN OVERSEAS TOUR RENEWAL AGREEMENT AS PROVIDED IN SECTION 7 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 (REVISED OCTOBER 12, 1966). HE SIGNED THE APPLICABLE TRANSPORTATION AGREEMENT ON AUGUST 15, 1969. MR. JANES' SON WHO REACHED 21 YEARS OF AGE ON OCTOBER 21, 1969, TRAVELED FROM ALASKA TO JACKSON HOLE, WYOMING, ON SEPTEMBER 8, 1969. MR. JANES BEGAN HIS TRAVEL FOR LEAVE ON JANUARY 24, 1970, AND RETURNED TO DUTY IN ALASKA ON FEBRUARY 2, 1970.

YOU ASK WHETHER YOU MAY CERTIFY THE VOUCHER ENCLOSED WITH YOUR SUBMISSION WHICH COVERS REIMBURSEMENT TO MR. JANES OF $65 FOR THE EXPENSE OF HIS SON'S TRAVEL.

YOUR QUESTION ARISES BECAUSE CIRCULAR NO. A-56 (REVISED JUNE 26, 1969) AT SECTION 1.2D DEFINES "IMMEDIATE FAMILY" AT THE TIME OF TRAVEL OF THE EMPLOYEE.

SECTION 1.2D OF CIRCULAR NO. A-56 READS:

"D. 'IMMEDIATE FAMILY' MEANS ANY OF THE FOLLOWING NAMED MEMBERS OF THE EMPLOYEE'S HOUSEHOLD AT THE TIME HE REPORTS FOR DUTY AT HIS NEW PERMANENT DUTY STATION OR PERFORMS AUTHORIZED OR APPROVED OVERSEAS TOUR RENEWAL AGREEMENT TRAVEL OR SEPARATION TRAVEL: SPOUSE, CHILDREN (INCLUDING STEPCHILDREN AND ADOPTED CHILDREN) UNMARRIED AND UNDER TWENTY-ONE YEARS OF AGE OR PHYSICALLY OR MENTALLY INCAPABLE OF SUPPORTING THEMSELVES REGARDLESS OF AGE, OR DEPENDENT PARENTS OF THE EMPLOYEE AND OF THE EMPLOYEE'S SPOUSE."

SECTION 1.3A(4) OF THE JUNE 26, 1969, REVISION OF CIRCULAR NO. A-56 PROVIDES AUTHORITY FOR RETURN TRAVEL TO THE UNITED STATES OF CHILDREN WHOSE STATUS AS IMMEDIATE MEMBER OF AN EMPLOYEE'S FAMILY HAS CHANGED DURING THE EMPLOYEE'S TOUR OVERSEAS. THAT SECTION READS AS FOLLOWS:

"WITH RESPECT TO OVERSEAS TRAVEL, IF A MEMBER OF THE IMMEDIATE FAMILY, AS DEFINED IN 1.2D, REACHES HIS TWENTY-FIRST BIRTHDAY WHILE THE EMPLOYEE IS ASSIGNED TO DUTY OVERSEAS, SUCH FORMER MEMBER MAY BE RETURNED TO THE UNITED STATES AT GOVERNMENT EXPENSE PROVIDED HIS LAST TRAVEL OVERSEAS WAS AT GOVERNMENT EXPENSE AS A MEMBER OF THE IMMEDIATE FAMILY. RETURN OF SUCH FORMER MEMBER IS AUTHORIZED IN CONNECTION WITH THE EMPLOYEE'S NEXT ENTITLEMENT TO TRAVEL TO THE UNITED STATES BUT NOT BEYOND THE END OF THE EMPLOYEE'S AGREED TOUR OF DUTY."

ASSUMING THAT MR. JANES' SON LAST TRAVEL TO ALASKA WAS AT GOVERNMENT EXPENSE AS A MEMBER OF MR. JANES' IMMEDIATE FAMILY, PAYMENT UNDER THE CITED PROVISION IS AUTHORIZED.

THE VOUCHER, RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IN ACCORDANCE WITH THE ABOVE, IF OTHERWISE CORRECT.