Claim for Home Leave and Round-Trip Travel Expenses

GAO was asked to reconsider a previous decision to determine whether an employee's duty post prior to his transfer is considered his place of actual residence for purposes of travel on home leave at Government expense. The claimant sought reimbursement for expenses incurred on round-trip air travel and home leave. At the time of his appointment with the Federal Aviation Administration (FAA), the claimant was considered a local hire which made him ineligible for round-trip travel expenses. Subsequently, he was permanently transferred overseas. His travel expenses were reimbursed, and he executed the usual travel agreement to remain in Government service for 12 months after his transfer. Less than 2 years later, the claimant was accepted for lateral transfer to the country where he was originally hired. He is presently stationed there. In connection with the transfer, he submitted a statement residence form which contained a notice that the question of residence was subject to agency review and correction. The place of residency had been changed several times on the appropriate forms. The FAA notified the claimant of his actual place of residence and advised him that his claim would be withdrawn. Pursuant to the previous decision, the agency was asked to reevaluate the residency question. The agency made a factual determination on the employee's residence based on an independent review of all available evidence. Since the agency's determination was not clearly arbitrary, capricious, or contrary to law, GAO would not substitute its judgment for the agency's as to the employee's actual residence. GAO upheld its prior decision that: (1) correction of an error in an overseas transfer agreement may be made when it is clearly shown that the place of actual residence was other than the place named in the agreement; and (2) the place of actual residence at the time of transfer must be determined by the agency on the basis of available facts. Accordingly, the employee was not entitled to home leave and round-trip travel expenses.