B-177235, FEB 9, 1973

B-177235: Feb 9, 1973

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AN EMPLOYEE WHO OTHERWISE WOULD HAVE BEEN ENTITLED TO RETURN TRANSPORTATION TO HIS HOME AT GOVERNMENT EXPENSE AFTER TERMINATION OF HIS EMPLOYMENT. WHO IS TRANSFERRED TO ANOTHER STATION WHILE HE IS AT HIS HOME IN THE UNITED STATES ON LEAVE. IS NOT ENTITLED TO REIMBURSEMENT FOR THE COST OF THE RETURN TRANSPORTATION TO HIS HOME. SUCH AN EMPLOYEE IS ALLOWED PER DIEM AND MILEAGE FROM HIS HOME TO HIS NEW OFFICIAL STATION. YOUR LETTER WAS ASSIGNED PDTATAC CONTROL NO. 72-48 BY THE PER DIEM. GROVES WAS IN AN EMERGENCY LEAVE STATUS AT STATESBORO. WHEN SHE WAS RELIEVED FROM HER TRANSPORTATION AGREEMENT AND ORDERS WERE ISSUED TO TRANSFER HER TO EGLIN AFB. WAS BY GOVERNMENT AIR ON A SPACE AVAILABLE BASIS AND FROM THERE TO EGLIN AFB AT HER OWN EXPENSE.

B-177235, FEB 9, 1973

CIVILIAN PERSONNEL - OVERSEAS STATION - RETURN TRAVEL RIGHTS - CHANGE OF STATION WHILE ON LEAVE DECISION ALLOWING IN PART THE CLAIM OF BRENDA W. GROVES, FOR TRAVEL FROM YOKOTA AFB, JAPAN, TO STATESBORO, GA., TO FT. WALTON BEACH, FLA., INCIDENT TO HER TRANSFER FROM YOKOTA TO EGLIN AFB, FLA. AN EMPLOYEE WHO OTHERWISE WOULD HAVE BEEN ENTITLED TO RETURN TRANSPORTATION TO HIS HOME AT GOVERNMENT EXPENSE AFTER TERMINATION OF HIS EMPLOYMENT, BUT WHO IS TRANSFERRED TO ANOTHER STATION WHILE HE IS AT HIS HOME IN THE UNITED STATES ON LEAVE, IS NOT ENTITLED TO REIMBURSEMENT FOR THE COST OF THE RETURN TRANSPORTATION TO HIS HOME. SEE B-167556, SEPTEMBER 25, 1969. MOREOVER, NO AMENDMENT CAN BE ISSUED WITH THE RETROACTIVE EFFECT OF ALLOWING REIMBURSEMENT FOR SUCH TRAVEL. JTR, VOL. 2, PARAGRAPH C2053-2. HOWEVER, SUCH AN EMPLOYEE IS ALLOWED PER DIEM AND MILEAGE FROM HIS HOME TO HIS NEW OFFICIAL STATION.

TO MAJ. ALAN C. DUNCAN:

WE REFER FURTHER TO YOUR LETTER OF AUGUST 22, 1972, AND ENCLOSURES, REFERENCE ACF, SUBMITTING FOR ADVANCE DECISION A TRAVEL VOUCHER IN FAVOR OF MRS. BRENDA W. GROVES. THE VOUCHER COVERS TRAVEL FROM YOKOTA AB, JAPAN, TO STATESBORO, GEORGIA, TO FORT WALTON BEACH, FLORIDA. YOUR LETTER WAS ASSIGNED PDTATAC CONTROL NO. 72-48 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE AND FORWARDED HERE ON OCTOBER 10, 1972.

THE RECORD SHOWS THAT MRS. GROVES WAS IN AN EMERGENCY LEAVE STATUS AT STATESBORO, GEORGIA, WHEN SHE WAS RELIEVED FROM HER TRANSPORTATION AGREEMENT AND ORDERS WERE ISSUED TO TRANSFER HER TO EGLIN AFB, FLORIDA, FROM HER PERMANENT DUTY STATION IN JAPAN. ACCORDING TO THE RECORD SUBMITTED HER TRAVEL FROM JAPAN TO CONUS (APOD), SAN FRANCISCO, WAS BY GOVERNMENT AIR ON A SPACE AVAILABLE BASIS AND FROM THERE TO EGLIN AFB AT HER OWN EXPENSE. YOU POINT OUT THAT SPECIAL ORDER AB129, HQ 6100 ABWG (PACAF), APO SAN FRANCISCO 96328, DATED AUGUST 16, 1971, THE ORDER PROVIDING FOR MRS. GROVES' TRAVEL AT THE EXPENSE OF THE GOVERNMENT FROM JAPAN TO EGLIN AFB, FLORIDA, WAS PUBLISHED WHILE SHE WAS AT STATESBORO, GEORGIA, AND THAT TO PAY HER EXPENSES FROM TRAVIS AFB, CALIFORNIA, TO EGLIN AFB, FLORIDA, AS CLAIMED ON THE VOUCHER SUBMITTED WOULD BE IN VIOLATION OF PARAGRAPH C2053-2, VOLUME 2, OF THE JOINT TRAVEL REGULATIONS (JTR). YOU STATE THE PROPER PAYMENT FOR MRS. GROVES WOULD BE PER DIEM AND MILEAGE FROM STATESBORO TO EGLIN AFB.

PARAGRAPH C2053-2 OF VOLUME 2 OF THE JTR PROVIDES:

"2. RETROACTIVE PROHIBITION

"AN AMENDMENT WILL NOT BE ISSUED WITH RETROACTIVE EFFECT CHANGING PER DIEM OR MILEAGE RATOS AND BASIS OF REIMBURSEMENT THEREFOR ON TRAVEL PERFORMED UNDER THE AUTHORITY PRESCRIBED IN A TRAVEL ORDER (28 COMP. GEN. 732)."

THE RECORD SHOWS THE POSITION OF THE HEADQUARTERS AIR FORCE ACCOUNTING AND FINANCE CENTER ON THE MATTER TO BE THAT TRAVEL ORDER AB 129 IS A CONFIRMATORY TRAVEL ORDER WITHIN THE REQUIREMENTS OF PARAGRAPH C2051 OF VOLUME 2 OF THE JTR AND ACCORDINGLY TRAVEL ALLOWANCES WOULD BE PAYABLE.

PARAGRAPH C2051 PROVIDES:

"C2051 CONFIRMATORY TRAVEL ORDER

"IF OFFICIAL TRAVEL BEGINS OR IS PERFORMED BEFORE A TRAVEL ORDER IS ISSUED, SUCH ACTION WILL BE SUPPORTED BY PROPER ORAL, LETTER, OR MESSAGE AUTHORITY. THE ISSUANCE OF A CONFIRMATORY TRAVEL ORDER AS PROMPTLY AS POSSIBLE IS NECESSARY IN THOSE INSTANCES. A CONFIRMATORY TRAVEL ORDER WILL INCLUDE APPROPRIATE STATEMENTS REGARDING THE PRIOR AUTHORIZATION AND JUSTIFICATION FOR ANY UNUSUAL DELAY IN ISSUANCE. THE OFFICIAL WHO DIRECTED THE TRAVEL IS RESPONSIBLE FOR INITIATING ACTION FOR ISSUANCE OF A CONFIRMATORY TRAVEL ORDER."

THERE IS NO INDICATION IN THIS CASE THAT THE EMPLOYEE WAS ORALLY AUTHORIZED TO RETURN TO HER HOME AT GOVERNMENT EXPENSE IN ANTICIPATION OF HER SEPARATION FROM THE SERVICE OR HER TRANSFER BACK TO THE UNITED STATES, OR THAT THE MATTER WAS EVEN BEING CONSIDERED BEFORE SHE ARRIVED HOME.

WE HAVE HELD THAT AN EMPLOYEE, WHO OTHERWISE WOULD HAVE BEEN ENTITLED TO RETURN TRANSPORTATION TO HIS HOME AT GOVERNMENT EXPENSE AT THE TERMINATION OF HIS EMPLOYMENT, BUT WHO RESIGNS WHILE HE IS AT HIS HOME IN THE UNITED STATES ON LEAVE IS NOT ENTITLED TO REIMBURSEMENT FOR THE COST OF THE RETURN TRANSPORTATION EVEN THOUGH THE EMPLOYEE MAY HAVE TRAVELED FOR REASONS OF HEALTH. SEE ENCLOSED COPY OF B-167556, SEPTEMBER 25, 1969. THE HOLDING IN THAT DECISION IS BASED UPON THE FACT THAT THE GOVERNMENT HAS NO OBLIGATION TO ASSUME THE TRAVEL EXPENSES OF AN EMPLOYEE TO HIS HOME WHEN HE DECIDES AFTER REACHING HIS RESIDENCE THAT HE WILL RESIGN FROM THE SERVICE.

WE BELIEVE THE SAME PRINCIPLE IS APPLICABLE IN THE CASE OF MRS. GROVES. ACCORDINGLY SHE WOULD BE ENTITLED TO PER DIEM AND MILEAGE ONLY FROM STATESBORO, GEORGIA, TO EGLIN AFB, FLORIDA. THE VOUCHER WHICH IS RETURNED HEREWITH MAY ONLY BE PAID IN ACCORDANCE WITH THE ABOVE.