B-174506, FEB 25, 1972

B-174506, FEB 25, 1972

CIVILIAN EMPLOYEE - HOME LEAVE FOR DEPENDENT TRAVEL - REIMBURSEMENT DECISION ALLOWING REIMBURSEMENT OF HOME LEAVE TRAVEL FOR ONE OF THE DAUGHTERS OF WANDELL O. ELLIOTT, AN EMPLOYEE OF THE BUREAU OF LAND MANAGEMENT, DEPARTMENT OF INTERIOR. MISS ELLIOTT'S TRAVEL FROM ALASKA TO IDAHO WAS NOT AUTHORIZED UNDER 5 U.S.C. 5728(A) SINCE, AT THE TIME OF HER DEPARTURE, MR. ELLIOTT HAD NOT YET QUALIFIED FOR HOME LEAVE. HOWEVER, MR. ELLIOTT'S TOUR WAS SHORTENED FOR THE CONVENIENCE OF THE GOVERNMENT. CONSEQUENTLY, REIMBURSEMENT FOR HIS DAUGHTER'S TRAVEL MAY BE ALLOWED, UNDER THE PROVISIONS OF 5 U.S.C. 5729(B) AND SECTION 8.2 OF OMB CIRCULAR NO. A 56, NOT TO EXCEED THE COST OF TRAVEL FROM ANCHORAGE TO SHOSHONE, IDAHO, THE ORIGINAL PLACE OF RESIDENCE. B-158513, MARCH 1, 1966. MISS ELLIOTT'S SECOND TRIP, FROM IDAHO BACK TO ALASKA, WAS INCIDENT TO HER FATHER'S APRIL HOME LEAVE, AND REIMBURSEMENT MAY BE ALLOWED LIMITED TO THE COST OF TRAVEL FROM ANCHORAGE TO SAN FRANCISCO, AND RETURN NOT TO EXCEED THE COST TO SHOSHONE AND RETURN. B-162862, DECEMBER 19, 1967. THE VOUCHER MAY BE CERTIFIED FOR PAYMENT IN ACCORDANCE WITH THE FOREGOING.

TO BUREAU OF LAND MANAGEMENT:

WE REFER FURTHER TO YOUR LETTER OF NOVEMBER 2, 1971, REFERENCE 1376 (D- 832), WHICH TRANSMITTED A VOUCHER FOR ADVANCE DECISION AS TO THE ALLOWABILITY OF HOME LEAVE TRAVEL FOR ONE OF THE DAUGHTERS OF MR. WANDELL O. ELLIOTT, AN EMPLOYEE OF YOUR AGENCY.

THE VOUCHER COVERS REIMBURSEMENT OF $228.30 FOR HOME LEAVE TRAVEL OF DEPENDENT WANDA LEE ELLIOTT FROM FAIRBANKS, ALASKA, TO MOSCOW, IDAHO, DEPARTING ON JANUARY 2 AND ARRIVING ON JANUARY 3, 1971, AND FROM MOSCOW, IDAHO, TO ANCHORAGE, ALASKA, FOR TRAVEL ON MAY 30, 1971.

YOU STATE THAT MR. ELLIOTT WAS TRANSFERRED FROM YOUR OFFICE IN FAIRBANKS TO ANCHORAGE ON JANUARY 5, 1971, AND THE TRANSFER ORDERS FOR THAT MOVE RELATE ONLY TO MR. ELLIOTT, HIS WIFE, AND ONE DAUGHTER, GWYNNE. YOU SAY THAT WANDA LEE WAS NOT MENTIONED IN THE TRANSFER AUTHORIZATION AS SHE WAS ATTENDING COLLEGE IN MOSCOW, IDAHO.

YOU CONTINUE THAT AGENCY REGULATIONS REQUIRE THAT THE EMPLOYEE BE OVERSEAS 2 YEARS BEFORE HE IS ELIGIBLE FOR HOME LEAVE TRAVEL AND MR. ELLIOTT WAS NOT ELIGIBLE FOR HOME LEAVE UNTIL JUNE 1971. HOWEVER, HIS HOME LEAVE WAS ADVANCED TO AN EARLIER DATE BY AUTHORIZATION DATED MARCH 25, 1971, FOR THE CONVENIENCE OF THE GOVERNMENT. HOME LEAVE WAS TAKEN APRIL 6 THROUGH 9, 1971. ADDITIONALLY, YOU STATE THAT MR. ELLIOTT PREVIOUSLY HAD TRANSFERRED TO ALASKA FROM SHOSHONE, IDAHO, BUT CHOSE SAN FRANCISCO, CALIFORNIA, AS HIS DESTINATION FOR HOME LEAVE TRAVEL.

YOU HAVE DENIED REIMBURSEMENT AS CLAIMED SINCE (1) WANDA'S TRAVEL FROM FAIRBANKS WAS PRIOR TO HOME LEAVE AUTHORIZATION FROM ANCHORAGE AND WAS FOR THE PURPOSE OF RETURNING TO SCHOOL IN IDAHO AFTER CHRISTMAS HOLIDAYS IN ALASKA AND (2) THE TRAVEL TO ANCHORAGE FROM MOSCOW APPEARS TO BE A RETURN AFTER THE CLOSE OF SCHOOL TERM.

5 U.S.C. 5728(A) AUTHORIZES THE EXPENSES OF ROUND-TRIP TRAVEL OF AN EMPLOYEE AND TRANSPORTATION OF HIS IMMEDIATE FAMILY FROM HIS POST OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES TO THE PLACE OF HIS ACTUAL RESIDENCE AT THE TIME OF HIS 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 AT THE SAME OR ANOTHER POST OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES UNDER A WRITTEN AGREEMENT MADE BEFORE DEPARTING FROM THE POST OF DUTY.

APPLICABLE REGULATIONS IN SECTION 7.1 OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, REVISED JUNE 26, 1969, PROVIDE THAT IN ORDER TO BE ELIGIBLE TO RECEIVE THE AUTHORIZED TRAVEL AND TRANSPORTATION EXPENSES IN CONNECTION WITH LEAVE FOR RETURNING TO PLACE OF RESIDENCE BETWEEN TOURS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES, THE EMPLOYEE MUST HAVE (1) COMPLETED THE AGREED PERIOD OF SERVICE AS PROVIDED IN SECTION 1.3C OF THE CIRCULAR AND (2) ENTERED INTO A NEW WRITTEN AGREEMENT FOR ANOTHER PERIOD OF SERVICE. SECTION 7.2 OF THE CIRCULAR PROVIDES THAT IF LEAVE IS TAKEN AT A LOCATION OTHER THAN PLACE OF ACTUAL RESIDENCE, THE AMOUNT ALLOWED FOR TRAVEL AND TRANSPORTATION EXPENSES MAY NOT EXCEED WHAT WOULD HAVE BEEN ALLOWED FOR TRAVEL OVER A USUALLY TRAVELED ROUTE FROM THE POST OF DUTY TO THE ACTUAL RESIDENCE AND RETURN TO THE SAME OR DIFFERENT POST OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES.

WHEN MISS ELLIOTT ON JANUARY 1 AND 2, 1971, TRAVELED FROM ALASKA TO IDAHO, MR. ELLIOTT HAD NOT QUALIFIED FOR HOME LEAVE. SINCE THERE IS NO STATUTORY OR REGULATORY PROVISION FOR HOME LEAVE TRAVEL PRIOR TO SUCH QUALIFICATION, REIMBURSEMENT FOR THE ALASKA TO IDAHO TRAVEL AS HOME LEAVE TRAVEL IS NOT AUTHORIZED. HOWEVER, SINCE YOUR AGENCY SHORTENED MR. ELLIOTT'S OVERSEAS TOUR FOR THE CONVENIENCE OF THE GOVERNMENT, HE MAY BE REIMBURSED THE RETURN TRANSPORTATION OF MISS ELLIOTT UNDER THE PROVISIONS OF 5 U.S.C 5729(B) AND SECTION 8.2 OF THE CIRCULAR. SEE 35 COMP. GEN. 101 (1955), AND B-158513, MARCH 1, 1966. TRANSPORTATION COSTS SHOULD BE LIMITED TO THAT WHICH WOULD HAVE BEEN INCURRED FROM ANCHORAGE TO SHOSHONE.

AT THE TIME OF MISS ELLIOTT'S TRAVEL FROM MOSCOW, IDAHO, TO ANCHORAGE ON MAY 30, 1971, MR. ELLIOTT HAD COMPLETED HIS HOME LEAVE OF APRIL 6 TO 9, 1971. ACCORDINGLY, HE MAY BE REIMBURSED FOR THE RETURN TRANSPORTATION OF HIS DAUGHTER AS BEING INCIDENT TO HIS HOME LEAVE. SEE B-166208, APRIL 1, 1969. AS YOU POINT OUT, THE HOME LEAVE REIMBURSEMENT FOR MR. ELLIOTT WOULD BE LIMITED TO THE COST FROM ANCHORAGE, ALASKA, TO SAN FRANCISCO, AND RETURN NOT TO EXCEED THE COST TO SHOSHONE, IDAHO, AND RETURN. REIMBURSEMENT FOR EACH MEMBER OF HIS FAMILY WOULD BE SUBJECT TO THE SAME LIMITATION. SEE B-162862, DECEMBER 19, 1967.

THE VOUCHER IS RETURNED HEREWITH AND MAY BE CERTIFIED FOR PAYMENT ONLY IN ACCORDANCE WITH THIS DECISION.