B-174613, FEB 14, 1972

B-174613: Feb 14, 1972

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SINCE CLAIMANT WAS REEMPLOYED WITHIN A YEAR FOLLOWING A REDUCTION IN FORCE. HIS ENTITLEMENT TO EXPENSES IS AUTHORIZED BY 5 U.S.C. 5724AC). ALTERNATIVE AUTHORITY IS THAT AVAILABLE TO NEW GOVERNMENT APPOINTEES UNDER 5 U.S.C. 5723(A). WHICH IMPLEMENTS THE AFOREMENTIONED STATUTORY AUTHORITY AND WAS EFFECTIVE DURING THE PERIOD HERE INVOLVED. J. MALVASO: REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 13. HAAS WAS A FORMER CIVILIAN EMPLOYEE WITH THE AIR FORCE IN WIESBADEN. CLAIMANT'S FUNCTION WAS TO BE TRANSFERRED TO KEESLER AIR FORCE BASE. HAAS WAS INVOLUNTARILY TERMINATED. HAAS WAS REEMPLOYED BY THE AIR FORCE AS A NONTEMPORARY ELECTRICAL ENGINEER AT GRIFFISS AIR FORCE BASE. HAAS WAS ADVANCED $2.

B-174613, FEB 14, 1972

CIVILIAN EMPLOYEE - REIMBURSEMENT - REEMPLOYMENT DECISION ALLOWING A CLAIM BY DOSSIE B. HAAS FOR TRAVEL EXPENSES AND TRANSPORTATION AND STORAGE CHARGES INCIDENT TO HIS REEMPLOYMENT BY THE AIR FORCE. SINCE CLAIMANT WAS REEMPLOYED WITHIN A YEAR FOLLOWING A REDUCTION IN FORCE, HIS ENTITLEMENT TO EXPENSES IS AUTHORIZED BY 5 U.S.C. 5724AC). ALTERNATIVE AUTHORITY IS THAT AVAILABLE TO NEW GOVERNMENT APPOINTEES UNDER 5 U.S.C. 5723(A). IN VIEW OF CLAIMANT'S DUAL ENTITLEMENT, REIMBURSEMENT MAY BE ALLOWED PURSUANT TO SECTION 5 OF OMB CIRCULAR NO. A-56, WHICH IMPLEMENTS THE AFOREMENTIONED STATUTORY AUTHORITY AND WAS EFFECTIVE DURING THE PERIOD HERE INVOLVED.

TO CAPTAIN P. J. MALVASO:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 13, 1971, WITH ENCLOSURES, 416CSG/ACF, FORWARDED BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE BY MEMORANDUM DATED NOVEMBER 22, 1971, PDTATAC CONTROL NO. 71-46, REQUESTING AN ADVANCE DECISION CONCERNING THE ENTITLEMENT OF MR. DOSSIE B. HAAS TO TRAVEL EXPENSES AND STORAGE AND TRANSPORTATION OF HOUSEHOLD GOODS INCIDENT TO HIS REEMPLOYMENT WITHIN A YEAR FOLLOWING A REDUCTION IN FORCE.

YOU STATE THAT MR. HAAS WAS A FORMER CIVILIAN EMPLOYEE WITH THE AIR FORCE IN WIESBADEN, GERMANY. AS PART OF THE PHASEOUT OF EUROPEAN GEEIA REGION HEADQUARTERS IN GERMANY, CLAIMANT'S FUNCTION WAS TO BE TRANSFERRED TO KEESLER AIR FORCE BASE, BILOXI, MISSISSIPPI. HE DECLINED TO ACCOMPANY THE FUNCTION FOR PERSONAL REASONS. THEREFORE, EFFECTIVE DECEMBER 13, 1969, MR. HAAS WAS INVOLUNTARILY TERMINATED, PERFORMING AUTHORIZED SEPARATION TRAVEL TO HIS HOME OF RECORD IN WAUNA, WASHINGTON. THE GOVERNMENT FURNISHED TRANSPORTATION FOR THE EMPLOYEE, HIS DEPENDENTS, AND HOUSEHOLD GOODS.

ON OCTOBER 20, 1970, MR. HAAS WAS REEMPLOYED BY THE AIR FORCE AS A NONTEMPORARY ELECTRICAL ENGINEER AT GRIFFISS AIR FORCE BASE, ROME, NEW YORK. PURSUANT TO TRAVEL AUTHORIZATION NO. A-1366, MR. HAAS WAS ADVANCED $2,300 FOR RELOCATION AND TRAVEL EXPENSES TO ROME, NEW YORK. MR. HAAS IS CLAIMING $3,284.71, LESS THE $2,300 TRAVEL ADVANCE, AS REIMBURSEMENT FOR TRAVEL EXPENSES FOR HIMSELF AND HIS DEPENDENTS AND STORAGE AND TRANSPORTATION OF HOUSEHOLD GOODS.

IN YOUR MEMORANDUM YOU INITIALLY QUESTION WHETHER THE COST OF SEPARATION TRAVEL IS TO BE DISREGARDED IN DETERMINING ENTITLEMENT UNDER THE SUBJECT CLAIM; SECONDLY, WHETHER MR. HAAS IS ENTITLED TO REIMBURSEMENT FOR EXPENSES INCURRED, LIMITED TO THE CONSTRUCTIVE COST FROM WIESBADEN, GERMANY, TO ROME, NEW YORK; THIRDLY, AS AN ALTERNATIVE, WHETHER MR. HAAS MAY BE REIMBURSED FOR TRAVEL EXPENSES BETWEEN HIS HOME AND ROME, NEW YORK, AS TRAVEL TO A FIRST DUTY STATION AS AUTHORIZED FOR EMPLOYEES IN A MANPOWER-SHORTAGE-CATEGORY POSITION. THE RECORD INDICATES THAT HE QUALIFIES AS SUCH AN EMPLOYEE.

YOUR FIRST AND SECOND QUESTIONS ARE FOR ALL PRACTICABLE PURPOSES INDISTINGUISHABLE SINCE EACH INVOLVES THE EFFECT OF THE COST OF SEPARATION TRAVEL UPON THE EXTENT REIMBURSEMENT MAY BE MADE FOR EXPENSES FOR TRAVEL AND TRANSPORTATION FROM HOME TO NEW DUTY STATION. AN ANSWER TO ONE THEREFORE WILL ANSWER THE OTHER.

MR. HAAS MAY BE VIEWED AS HAVING DUAL ENTITLEMENT TO TRAVEL EXPENSES FROM HIS PLACE OF RESIDENCE TO HIS NEW DUTY STATION. HIS TRAVEL TO THE NEW STATION WAS ADMINISTRATIVELY AUTHORIZED PURSUANT TO 5 U.S.C. 5724AC) WHICH PROVIDES:

"UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, A FORMER EMPLOYEE SEPARATED BY REASON OF REDUCTION IN FORCE OR TRANSFER OF FUNCTION WHO WITHIN 1 YEAR AFTER THE SEPARATION IS REEMPLOYED BY NONTEMPORARY APPOINTMENT AT A DIFFERENT GEOGRAPHICAL LOCATION FROM THAT WHERE THE SEPARATION OCCURRED MAY BE ALLOWED AND PAID THE EXPENSES AUTHORIZED BY SECTIONS 5724, 5725, 5726(B), AND 5727 OF THIS TITLE, AND MAY RECEIVE THE BENEFITS AUTHORIZED BY SUBSECTIONS (A) AND (B) OF THIS SECTION, IN THE SAME MANNER AS THOUGH HE HAD BEEN TRANSFERRED IN THE INTEREST OF THE GOVERNMENT WITHOUT A BREAK IN SERVICE TO THE LOCATION OF REEMPLOYMENT FROM THE LOCATION WHERE SEPARATED."

THE APPLICABLE STATUTORY REGULATION PRESCRIBED TO IMPLEMENT THE FOREGOING IS SECTION 1.3(7) OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, AS REVISED JUNE 26, 1969, AND PROVIDES AS FOLLOWS:

"A FORMER EMPLOYEE SEPARATED BY REASON OF REDUCTION IN FORCE OR TRANSFER OF FUNCTION WHO, WITHIN ONE YEAR OF THE DATE OF SEPARATION, IS REEMPLOYED BY A DEPARTMENT FOR A NONTEMPORARY APPOINTMENT EFFECTIVE ON OR AFTER JULY 21, 1966, AT A DIFFERENT PERMANENT DUTY STATION FROM THAT WHERE THE SEPARATION OCCURRED, MAY BE ALLOWED AND PAID THE EXPENSES AND OTHER ALLOWANCES (EXCLUDING NONTEMPORARY STORAGE WHEN ASSIGNED TO AN ISOLATED PERMANENT DUTY STATION WITHIN THE CONTINENTAL UNITED STATES) IN THE SAME MANNER AS THOUGH HE HAD BEEN TRANSFERRED IN THE INTEREST OF THE GOVERNMENT TO THE PERMANENT DUTY STATION WHERE REEMPLOYED, FROM THE PERMANENT DUTY STATION WHERE SEPARATED, WITHOUT A BREAK IN SERVICE, AND SUBJECT TO THE ELIGIBILITY LIMITATIONS AS PRESCRIBED IN THESE REGULATIONS."

PURSUANT TO THE ABOVE REGULATION, THE ENTITLEMENT IS THE SAME AS IF THE EMPLOYEE HAD TRANSFERRED FROM THE PERMANENT DUTY STATION WHERE REEMPLOYED TO THE PERMANENT DUTY STATION WHEN SEPARATED, WITHOUT A BREAK IN SERVICE. IN 47 COMP. GEN. 763 (1968) IT WAS HELD THAT WHERE AN EMPLOYEE AND HIS FAMILY HAVE TRAVELED UNDER SEPARATION ORDERS TO A PLACE OF RESIDENCE WHICH IS MORE DISTANT FROM THE OVERSEAS DUTY STATION THAN THE PLACE TO WHICH HE WAS REEMPLOYED WITHOUT A BREAK IN SERVICE AFTER HIS DEPARTURE FROM THE OVERSEAS DUTY POINT, ALL COSTS TO PLACE OF RESIDENCE WERE PAYABLE BY THE LOSING AGENCY. NO COSTS OF TRAVEL OR TRANSPORTATION WERE ALLOWABLE FROM THE RESIDENCE TO THE DUTY STATION; HOWEVER, NO COLLECTION WAS REQUIRED TO BE MADE FOR COSTS PAID TO THE RESIDENCE WHICH WERE IN EXCESS OF COSTS WHICH WOULD HAVE BEEN INCURRED FOR DIRECT TRAVEL FROM THE OVERSEAS STATION TO THE NEW DUTY STATION. THAT DECISION IS FOR APPLICATION TO THE INSTANT CASE IF THE AUTHORITY PROVIDED BY 5 U.S.C. 5724AC) IS USED. AS INDICATED IN 47 COMP. GEN. 763, PAYMENT OF THE MISCELLANEOUS EXPENSE ALLOWANCE AND REIMBURSEMENT FOR SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS, UNDER CIRCULAR NO. A-56, WOULD BE PERMISSIBLE. YOUR FIRST TWO QUESTIONS ARE ANSWERED ACCORDINGLY.

THE ALTERNATIVE AUTHORITY FOR PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES TO THE CLAIMANT IS THAT AVAILABLE TO NEW APPOINTEES TO POSITIONS IN THE UNITED STATES AS PROVIDED FOR IN 5 U.S.C. 5723(A) AS FOLLOWS:

"UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE *** AN AGENCY MAY PAY FROM ITS APPROPRIATIONS -

"(1) TRAVEL EXPENSES OF A NEW APPOINTEE *** TO A POSITION IN THE UNITED STATES FOR WHICH THE CIVIL SERVICE COMMISSION DETERMINES THERE IS A MANPOWER SHORTAGE; AND

"(2) TRANSPORTATION EXPENSES OF HIS IMMEDIATE FAMILY AND HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS TO THE EXTENT AUTHORIZED BY SECTION 5724 OF THIS TITLE;

FROM HIS PLACE OF RESIDENCE AT THE TIME OF SELECTION OR ASSIGNMENT TO HIS DUTY STATION. *** ADVANCES OF FUNDS MAY BE MADE FOR THE EXPENSES AUTHORIZED BY THIS SUBSECTION *** ."

WE SEE NO REASON WHY MR. HAAS WOULD NOT BE ENTITLED UNDER THE ABOVE AUTHORITY TO PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES FROM HIS HOME TO ROME, NEW YORK. REIMBURSEMENT THEREUNDER IS, OF COURSE, GOVERNED BY SECTION 5 OF CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, EFFECTIVE DURING THE PERIOD HERE INVOLVED.