B-61290, NOV 15, 1946

B-61290: Nov 15, 1946

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DECISION IS BEING RENDERED TO YOU AS HEAD OF THE DEPARTMENT CONCERNED. IS AS FOLLOWS: "THERE IS INCLOSED A VOUCHER REPRESENTING A PAYMENT FOR TRAVEL TIME FOR THE PERIODS 8 JANUARY 1945 TO 13 JANUARY 1945 AND 19 FEBRUARY 1945 TO 25 FEBRUARY 1945. BOGOVICH'S EMPLOYMENT CONTRACT IS INCLOSED WITH ALL CORRESPONDENCE AND PAPERS RELATIVE TO MR. BOGOVICH WAS EMPLOYED AS A TEMPORARY HOURLY EMPLOYEE AND AS SUCH DID NOT ACCRUE ANNUAL OR SICK LEAVE. THE MAINLAND LEAVE AND TRAVEL POLICY IN EFFECT AT THE TIME IN QUESTION IS CONTAINED IN ATTACHED LETTER. PARAGRAPH 2 OF ABOVE-QUOTED REGULATION PROVIDES THAT EMPLOYEE MUST HAVE SUFFICIENT ACCUMULATED LEAVE TO COVER THE PERIOD OF LEAVE GRANTED. EXCEPT WHERE EMERGENCY LEAVE IS AUTHORIZED.

B-61290, NOV 15, 1946

PRECIS-UNAVAILABLE

THE HONORABLE, THE SECRETARY OF WAR.: MY DEAR MR. SECRETARY:

MY SECOND INDORSEMENT DATED OCTOBER 14, 1946, FILE FINEK 248.7 BOGOVICH, PAUL, THE CHIEF OF FINANCE FORWARDED HERE FOR CONSIDERATION A LETTER DATED JUNE 17, 1946,, FILE NO. MPENG PEF - 201, FROM MR. T. J. MCCANN, "ADMINISTRATIVE OFFICER CERTIFYING OFFICER," UNITED STATES ARMY FORCES, MIDDLE PACIFIC, HEADQUARTERS OAHU ENGINEER SERVICE, APO 950, WHICH MR. MCCANN (FOR THE COMMANDING OFFICER) HAD FORWARDED TO YOUR OFFICE. THE SAID LETTER OF JUNE 17, 1946, REQUESTS DECISION WITH RESPECT TO THE QUESTION THEREIN PRESENTED. UNDER SECTION 4 OF THE ACT OF DECEMBER 29, 1941, 55 STAT. 876, A DECISION PROPERLY MAY NOT BE RENDERED TO MR. MCCANN AS CERTIFYING OFFICER. HOWEVER, IN VIEW OF THE NATURE OF THE QUESTION PRESENTED AND IN ORDER TO AVOID FURTHER DELAY, DECISION IS BEING RENDERED TO YOU AS HEAD OF THE DEPARTMENT CONCERNED.

THE LETTER OF JUNE 17, 1946, IS AS FOLLOWS:

"THERE IS INCLOSED A VOUCHER REPRESENTING A PAYMENT FOR

TRAVEL TIME FOR THE PERIODS 8 JANUARY 1945 TO 13 JANUARY

1945 AND 19 FEBRUARY 1945 TO 25 FEBRUARY 1945, CLAIMED BY

PAUL BOGOVICH, EMPLOYEE OF THIS OFFICE. A COPY OF

MR. BOGOVICH'S EMPLOYMENT CONTRACT IS INCLOSED WITH ALL

CORRESPONDENCE AND PAPERS RELATIVE TO MR. BOGOVICH'S CLAIM.

"MR. BOGOVICH WAS EMPLOYED AS A TEMPORARY HOURLY EMPLOYEE

AND AS SUCH DID NOT ACCRUE ANNUAL OR SICK LEAVE. THE

MAINLAND LEAVE AND TRAVEL POLICY IN EFFECT AT THE TIME IN

QUESTION IS CONTAINED IN ATTACHED LETTER, SUBJECT: MAINLAND

LEAVE AND TRAVEL POLICY FOR CIVILIAN EMPLOYEES, HEADQUARTERS,

U. S. ARMY FORCES, CENTRAL PACIFIC AREA, DATED 12 JUNE 1944,

WHICH SETS FORTH THE ELIGIBILITY REQUIREMENTS FOR MAINLAND

LEAVE AND THE PROCEDURES FOR CHARGING LEAVE DURING THE

EMPLOYEE'S ABSENCE. MR. BOGOVICH PARTIALLY MET THE

REQUIREMENTS OF THE ABOVE-QUOTED REGULATIONS IN THAT HE

HAD BEEN HIRED ON THE MAINLAND, TRANSPORTED TO THIS AREA

AT GOVERNMENT EXPENSE AND HAD COMPLETED THE TOUR OF DUTY

PROVIDED IN HIS CONTRACT. PARAGRAPH 2 OF ABOVE-QUOTED

REGULATION PROVIDES THAT EMPLOYEE MUST HAVE SUFFICIENT

ACCUMULATED LEAVE TO COVER THE PERIOD OF LEAVE GRANTED, EXCEPT

WHERE EMERGENCY LEAVE IS AUTHORIZED. MR. BOGOVICH HAD NO

LEAVE ACCRUED SINCE HIS STATUS EXCLUDED HIM FROM LEAVE

PRIVILEGES, AND THERE WAS NO EMERGENCY INVOLVED.

"HOWEVER, HAD MR. BOGOVICH RETURNED TO THE MAINLAND

AS A RESULT OF A COMPLETED CONTRACT, HE WOULD HAVE BEEN

ENTITLED TO RETURN TRANSPORTATION TO POINT OF HIRE AND

WOULD HAVE BEEN CARRIED IN A DUTY STATUS DURING THE ENTIRE

PERIOD OF TRAVEL.

"LETTER DATED 8 JANUARY 1945, FURNISHED MR. BOGOVICH,

WAS INTENDED FOR PERSONNEL WHO ACCRUED LEAVE, AND WAS NOT

INTENDED TO BE FURNISHED EMPLOYEES WHO WERE ON

LEAVE-WITHOUT-PAY. ALTHOUGH THIS LETTER INDICATES

SPECIFICALLY THAT LEAVE WOULD BEGIN UPON ARRIVAL AT

MAINLAND PORT, IT WAS FURNISHED IN ERROR AND IS NOT CONSIDERED

BINDING IN VIEW OF EMPLOYEE'S STATUS WHICH PLACED HIM

OUTSIDE THE PROVISIONS OF LEAVE REGULATIONS.

"YOUR DECISION IS REQUESTED AS TO WHETHER PAYMENT OF THIS

CLAIM IS AUTHORIZED."

THE CONTRACT OF EMPLOYMENT WITH MR. BOGOVICH PROVIDES IN PERTINENT PART:

"THIS CONTRACT, ENTERED INTO THIS 15 DAY OF OCTOBER

1942, BETWEEN THE UNITED STATES OF AMERICA, HEREINAFTER

CALLED THE EMPLOYER, REPRESENTED BY THE CONTRACTING OFFICER

EXECUTING THIS CONTRACT AND PAUL BOGOVICH OF THE CITY OF

NEW YORK IN THE STATE OF NEW YORK, HEREINAFTER CALLED THE

EMPLOYEE, WITNESSED THAT THE PARTIES HERETO DO MUTUALLY

AGREE AS FOLLOWS:

"ARTICLE 1. THE EMPLOYEE IS HEREBY ENGAGED BY THE

EMPLOYER AS CONSTRUCTION LABORER FOR SERVICE IN THE

TERRITORY OF HAWAII, AND SHALL PERFORM SERVICES

SATISFACTORY TO THE EMPLOYER, ON SUCH DAYS AS SUCH

SERVICES ARE REQUIRED BY THE OFFICER IN CHARGE, INCLUDING

HOLIDAYS, SATURDAY AFTERNOONS AND SUNDAYS WHEN REQUIRED

UNTIL OCTOBER 14, 1943 AS FOLLOWS:

"ARTICLE 3. THE EMPLOYEE'S COMPENSATION WILL BE PAID

AT THE RATE OF $ .70 (SEVENTY CENTS) PER (HOUR) FROM

WHICH A DAILY DEDUCTION WILL BE MADE AMOUNTING TO $XXXXXXXXXX

FOR SUBSISTENCE AND QUARTERS. THE QUARTERS FURNISHED, FOR

WHICH DEDUCTION IS MADE AS SPECIFIED ABOVE, ARE GENERAL

DORMITORY ACCOMMODATIONS, AND NOT SEPARATE ROOMS. THE

SALARY SHALL COMMENCE ON THE DATE OF APPOINTMENT. THE

EMPLOYEE AGREES TO WORK A MINIMUM OF 44 HOURS PER WEEK

OR EIGHT HOURS PER DAY FOR FIVE AND ONE-HALF DAYS PER

WEEK. ANY WORK IN EXCESS OF 44 HOURS PER WEEK OR IN EXCESS

OF 8 HOURS PER DAY SHALL BE PAID FOR AT THE RATE OF ONE AND

ONE-HALF TIMES THE HOURLY RATE. SUNDAY 'PER SE' SHALL NOT

BE CONSIDERED AS OVERTIME DAY.

"ARTICLE 4. TRANSPORTATION WILL BE FURNISHED THE EMPLOYEE

FROM NEW YORK, N. Y. TO HAWAIIAN ISLANDS AT EMPLOYER'S

EXPENSE. THE EMPLOYER HEREBY RESERVES THE RIGHT TO USE

SUCH METHODS OR MEANS OF TRANSPORTATION AS MAY BE MOST

ADVANTAGEOUS TO THE EMPLOYER. FOR ALL AUTHORIZED TRAVEL

ACTUAL TRAVEL EXPENSES OR PER DIEM ALLOWANCES WILL

BE GRANTED IN ACCORDANCE WITH STANDARDIZED GOVERNMENT

TRAVEL REGULATION.

"ARTICLE 5. THE PERIOD OF SERVICE SHALL BE SUCH PERIOD AS

THE EMPLOYER MAY DESIRE THE SERVICES OF THE EMPLOYEE, WITH

THE UNDERSTANDING THAT HE WILL NOT BE REQUIRED TO REMAIN ON

PACIFIC ISLANDS MORE THAN TWELVE MONTHS WITHOUT HIS CONSENT.

THE EMPLOYEE AGREES TO WORK FOR THE EMPLOYER IN ACCORDANCE

WITH THE TERMS OF THIS CONTRACT UNTIL THE TERMINATION

OF THE PERIOD OF SERVICE.

"ARTICLE 6. THE EMPLOYER WILL RETURN THE EMPLOYEE FROM

PLACE OF EMPLOYMENT TO NEW YORK, N. Y. AT EMPLOYER'S EXPENSE

UPON SATISFACTORY PERFORMANCE AND COMPLETION OF THIS

CONTRACT BY THE EMPLOYEE.

"ARTICLE 8. THE EMPLOYEE WILL NOT EARN ANNUAL OR SICK

LEAVE DURING THE PERIOD OF EMPLOYMENT COVERED BY THIS CONTRACT

OR ANY EXTENSION THEREOF.

ARTICLE 12. THE EMPLOYEE HEREBY ACCEPTS EMPLOYMENT

IN THE POSITION OF CONSTRUCTION LABORER SUBJECT TO

INVESTIGATION OF CHARACTER AND PREVIOUS EMPLOYMENT HISTORY.

IN THE EVENT INVESTIGATION REVEALS THAT THE EMPLOYEE IS NOT

QUALIFIED TO FILL THE POSITION OF CONSTRUCTION LABORER OR

THAT THERE IS REASON TO QUESTION THE EMPLOYEE'S LOYALTY

TO THE UNITED STATES GOVERNMENT, IT IS AGREED THAT THIS

EMPLOYMENT MAY BE FORTHWITH CANCELLED BY EMPLOYER WITHOUT

FURTHER OBLIGATION RESTING UPON THE EMPLOYER.

"ARTICLE 13. THE EMPLOYEE FURTHER AGREES TO REMAIN IN

THE HAWAIIAN DEPARTMENT FOR THE PERIOD DESIGNATED

REGARDLESS OF FAMILY CONDITIONS SUCH AS: ADDITIONS TO

FAMILIES, ILLNESS OF WIFE OR CHILDREN AND FINANCIAL OR

DOMESTIC DIFFICULTIES."

THE LETTER, "SUBJECT: MAINLAND LEAVE AND TRAVEL POLICY FOR CIVILIAN EMPLOYEES," HEADQUARTERS, U. S. ARMY FORCES, CENTRAL PACIFIC AREA, DATED JUNE 12, 1944, PROVIDES, IN PERTINENT PART:

"1. SUBJECT TO THE AVAILABILITY OF TRANSPORTATION AND THE

REQUIREMENTS OF THE MILITARY SERVICE, LEAVES OF ABSENCE

TO VISIT THE CONTINENTAL UNITED STATES WILL BE GRANTED TO

THOSE CIVILIAN EMPLOYEES WHOSE BONA FIDE RESIDENCE IS IN

THE CONTINENTAL UNITED STATES AND WHO ARE ELIGIBLE UNDER

ONE OF THE FOLLOWING CONDITIONS:

"A. THE EMPLOYEE WAS HIRED ON THE MAINLAND AND TRANSPORTED

TO THE CENTRAL PACIFIC AREA AT GOVERNMENT EXPENSE IN A

WAR DEPARTMENT ACTIVITY AND HAS SERVED A MINIMUM OF TWO

(2) YEARS PRECEDING THE DATE OF THE REQUEST FOR LEAVE

WITHOUT HAVING RETURNED TO THE MAINLAND DURING THAT TIME.

"C. THE EMPLOYEE WAS HIRED ON THE MAINLAND, TRANSPORTED

TO THE CENTRAL PACIFIC AREA AT GOVERNMENT EXPENSE, HAS

COMPLETED THE TOUR OF DUTY SPECIFIED IN HIS EMPLOYMENT

AGREEMENT, AND WILL AGREE TO RETURN TO HIS JOB UPON

EXPIRATION OF LEAVE.

"2. LEAVE ORDINARILY WILL BE GRANTED FOR A PERIOD OF

THIRTY (30) CALENDAR DAYS. LEAVE WILL BE EFFECTIVE ON

ARRIVAL AT PORT OF EMBARKATION AND WILL TERMINATE UPON

REPORTING TO PORT OF EMBARKATION FOR RETURN TRANSPORTATION.

THE EMPLOYEE MUST HAVE SUFFICIENT ACCUMULATED LEAVE TO

COVER THE PERIOD OF LEAVE GRANTED, EXCEPT WHERE

EMERGENCY LEAVE IS AUTHORIZED.

"5. EMPLOYEES WHO ARE BONA FIDE RESIDENTS OF THE

CONTINENTAL UNITED STATES AND WHO ARE GRANTED MAINLAND

LEAVE WILL BE CHARGED LEAVE ONLY BETWEEN DATES OF ENTERING

AND LEAVING THE CONTINENTAL UNITED STATES. THEY WILL

BE PAID TRAVEL TIME ENROUTE TO THE PORT OF EMBARKATION

AND RETURN. THIS PRIVILEGE WILL BE APPLIED ONLY ONCE

IN TWO (2) YEARS. THE PROVISIONS OF THIS POLICY WILL NOT

BE CONSTRUED TO ABROGATE THE PROVISIONS OF ANY EMPLOYMENT

AGREEMENT. BECAUSE OF THE SHORTAGE OF TRANSPORTATION

FACILITIES, MAINLAND LEAVE WILL NOT BE APPROVED UNLESS IT

FALLS WITHIN THE PROVISIONS OF PARAGRAPH 1, ABOVE, EVEN

THOUGH THE EMPLOYEE IS WILLING TO PAY HIS OR HER OWN

TRANSPORTATION COSTS."

THE LETTER DATED JANUARY 8, 1945, ADDRESSED TO MR. BOGOVICH, PROVIDES:

"HAVING SERVED WITH THIS HEADQUARTERS FOR A PERIOD OF TWO

(2) YEARS AND THREE (3) MONTHS YOU ARE ELIGIBLE FOR,

AND WILL BE GRANTED, THIRTY DAYS MAINLAND LEAVE UNDER

AUTHORITY CONTAINED IN LETTER FROM HEADQUARTERS USAFICPA

DATED 12 JUNE 1944. LEAVE WILL BEGIN UPON ARRIVAL AT

MAINLAND PORT OF EMBARKATION. RETURN TRANSPORTATION

FROM THE MAINLAND PORT WILL BE ARRANGED BY SEATTLE

PORT OF EMBARKATION, SEATTLE, WASHINGTON AND YOU WILL BE

NOTIFIED BY THAT OFFICE WHEN AND WHERE TO REPORT FOR SUCH

TRANSPORTATION.

"U. S. ENGINEER OFFICES ARE LOCATED IN MANY OF THE MAINLAND

CITIES AND SHOULD YOU ENCOUNTER ANY DIFFICULTIES IN

CONNECTION WITH TRANSPORTATION, IT IS SUGGESTED YOU

CONTACT THE OFFICE NEAREST YOUR HOME FOR ASSISTANCE.

YOU PREFER, YOU MAY CONTACT THIS OFFICE DIRECT BY RADIOGRAM."

MR. MCCANN'S LETTER AND ATTACHED FILE INDICATE A CONCLUSION THAT THE ABOVE-QUOTED LETTERS OF JUNE 12 AND OF JANUARY 8 DO NOT APPLY TO MR. BOGOVICH FOR THE REASON THAT HE IS A TEMPORARY, HOURLY EMPLOYEE ENGAGED ON CONSTRUCTION WORK AND, AS SUCH, HE DID NOT ACCRUE ANNUAL OR SICK LEAVE. IN THAT CONNECTION, SECTION 1 OF THE ANNUAL LEAVE ACT OF MARCH 14, 1936, 49 STAT. 1161, AS WELL AS SUBSEQUENT LEAVE REGULATIONS SPECIFICALLY HAVE EXCLUDED "TEMPORARY EMPLOYEES ENGAGED ON CONSTRUCTION WORK AT HOURLY RATES" FROM THE LEAVE BENEFITS PROVIDED THEREIN.

IT WAS HELD IN DECISION OF FEBRUARY 21, 1944, B-40018, TO COLONEL O. G. BOYLE, FINANCE OFFICER, U. S. ARMY, INVOLVING AN EMPLOYEE EMPLOYED UNDER CONTRACT AT AN HOURLY RATE ON CONSTRUCTION WORK THAT:

"LEAVE OF ABSENCE OF FEDERAL EMPLOYEES IS A RIGHT

EITHER GRANTED OR DENIED BY STATUTE AND THE REGULATIONS OF

THE PRESIDENT THEREUNDER, WHICH MAY NOT BE GRANTED OR

DENIED BY CONTRACT WITH THE EMPLOYEES. DECISION OF

DECEMBER 13, 1943, B-38681, 23 COMP.GEN. 425. CF. 23

COMP.GEN. 398. HENCE, IT IS NECESSARY TO LOOK TO THE

PROVISIONS OF THE ANNUAL LEAVE ACT AND REGULATIONS,

RATHER THAN TO THE TERMS OF THE CONTRACT WITH THE EMPLOYEE,

TO DETERMINE THE VALIDITY OF THE CLAIM PRESENTED BY HIM." THEREFORE, IN LINE WITH THAT VIEW IT MAY BE STATED THAT UNLESS MR. BOGOVICH ACTUALLY WAS EMPLOYED AS A TEMPORARY EMPLOYEE ENGAGED ON CONSTRUCTION WORK AT HOURLY RATES HE IS ENTITLED TO LEAVE IN HIS POSITION NOTWITHSTANDING THE PROVISIONS OF ARTICLE 8 OF HIS CONTRACT OF EMPLOYMENT.

SECTION 1 OF THE ANNUAL LEAVE REGULATIONS PRESCRIBED BY THE PRESIDENT BY EXECUTIVE ORDER NO. 8384, DATED MARCH 29, 1940, DEFINED PERMANENT AND TEMPORARY EMPLOYEES, AS: "(B) 'PERMANENT EMPLOYEES' ARE THOSE APPOINTED WITHOUT

LIMITATION AS TO LENGTH OF SERVICE OR FOR DEFINITE PERIODS

IN EXCESS OF 6 MONTHS.

"(C) 'TEMPORARY EMPLOYEES' ARE THOSE APPOINTED FOR

DEFINITE PERIODS OF TIME NOT EXCEEDING 6 MONTHS." THOSE DEFINITIONS WERE IN EFFECT UNTIL NEW ANNUAL AND SICK LEAVE REGULATIONS WERE PRESCRIBED BY EXECUTIVE ORDER NO. 9414 DATED JANUARY 13, 1944. SECTION 1.1 OF THOSE REGULATIONS WAS IN EFFECT UNTIL JULY 1, 1946, AND CONTAINED THE FOLLOWING DEFINITIONS: "(B) 'PERMANENT EMPLOYEES' ARE THOSE APPOINTED WITHOUT

LIMITATION AS TO LENGTH OF SERVICE OR FOR DEFINITE PERIODS

IN EXCESS OF ONE YEAR; OR FOR THE DURATION OF THE PRESENT

WAR AND FOR SIX MONTHS THEREAFTER.

"(C) 'TEMPORARY EMPLOYEES' ARE THOSE APPOINTED FOR

DEFINITE PERIODS OF TIME NOT EXCEEDING ONE YEAR." SINCE THE CONTRACT UNDER WHICH MR. BOGOVICH WAS EMPLOYED WAS FOR A PERIOD IN EXCESS OF SIX MONTHS, HE CLEARLY WAS NOT A "TEMPORARY EMPLOYEE" UNDER THE EARLIER DEFINITION OF "TEMPORARY EMPLOYEE" CONTAINED IN THE THEN APPLICABLE LEAVE REGULATIONS. READ ALONE, ARTICLE 1 OF THE CONTRACT UNDER WHICH MR. BOGOVICH WAS EMPLOYED WOULD WARRANT A CONCLUSION THAT HE WAS A "TEMPORARY EMPLOYEE" UNDER THE LATER DEFINITION OF "TEMPORARY EMPLOYEE" CONTAINED IN THE LEAVE REGULATIONS, BUT WHEN THAT ARTICLE IS READ IN CONNECTION WITH ARTICLES 5 AND 13, IT IS APPARENT THAT THE TERMS OF HIS EMPLOYMENT AGREEMENT CONTEMPLATED A PERIOD OF EMPLOYMENT IN EXCESS OF ONE YEAR, AND, THEREFORE, DO NOT BRING HIM WITHIN THAT DEFINITION.

THE DEFINITION OF "TEMPORARY EMPLOYEES," APPEARING IN THE LEAVE REGULATIONS IS DETERMINATIVE, ALSO, OF WHETHER EMPLOYEES ARE TO BE CLASSED AS "TEMPORARY EMPLOYEES ENGAGED ON CONSTRUCTION WORK AT HOURLY RATES" WITHIN THE MEANING OF SECTION 1 OF THE ANNUAL LEAVE ACT OF MARCH 14, 1936, 49 STAT. 1161, AND THE REGULATIONS WHICH EXCLUDE SUCH EMPLOYEES FROM THE LEAVE BENEFITS PROVIDED THEREIN. 24 COMP.GEN. 702; 20 ID. 223. AS THE TERMS OF EMPLOYMENT CONTAINED IN THE CONTRACT WITH MR. BOGOVICH WOULD NOT BRING HIM WITHIN THE CLASS OF "TEMPORARY EMPLOYEES" AS DEFINED IN THE APPLICABLE LEAVE REGULATIONS, IT FOLLOWS THAT HE IS NOT WITHIN THE CLASS OF "TEMPORARY EMPLOYEES ENGAGED ON CONSTRUCTION WORK AT HOURLY RATES" AND, THEREFORE, IS ENTITLED TO LEAVE UNDER THE APPLICABLE LAW AND REGULATIONS.

FURTHER, IT MAY BE STATED THAT THE AUTHORITY TO RETURN EMPLOYEES TO THE UNITED STATES FROM POSTS OF DUTY OUTSIDE THE UNITED STATES UPON RELIEF FROM SUCH DUTY IS CONTAINED IN SECTION 3(A) OF THE ACT OF JUNE 5, 1942, PUBLIC LAW 580, 56 STAT. 314, WHICH PROVIDES:

"SEC. 3(A) THAT THE SECRETARY OF WAR IS HEREBY

AUTHORIZED TO EFFECT APPOINTMENTS OF CIVILIAN EMPLOYEES

IN THE UNITED STATES, OR TO EFFECT THE TRANSFER OF SUCH

EMPLOYEES IN THE FEDERAL SERVICE IN THE UNITED STATES,

FOR DUTY AT ANY POINT OUTSIDE THE CONTINENTAL LIMITS

OF THE UNITED STATES OR IN ALASKA AT WHICH IT MAY BE

FOUND NECESSARY TO ASSIGN SUCH CIVILIAN EMPLOYEES, AND TO

PAY THE COSTS OF TRANSPORTATION OF SUCH EMPLOYEES FROM

THE PLACE OF ENGAGEMENT IN THE UNITED STATES, OR FROM

THE PRESENT POST OF DUTY IN THE UNITED STATES OR IN ALASKA,

IF ALREADY IN THE FEDERAL SERVICE, TO THE POST OF DUTY

OUTSIDE THE UNITED STATES AND RETURN UPON RELIEF THEREFROM,

AND TO PROVIDE FOR THE SHIPMENT OF PERSONAL EFFECTS OF

PERSONS SO APPOINTED OR TRANSFERRED FROM THE PLACE OF

ENGAGEMENT OR TRANSFER TO THE POST OF DUTY OUTSIDE THE

CONTINENTAL UNITED STATES OR IN ALASKA AND RETURN UPON

RELIEF THEREFROM." UNDER THAT SECTION, ANY EMPLOYEE, WHO HAS AGREED TO ENTER SERVICE OUTSIDE THE LIMITS OF THE CONTINENTAL UNITED STATES FOR A CERTAIN PERIOD UNDER AN AGREEMENT THAT HE WILL BE RETURNED TO THE UNITED STATES AT GOVERNMENT EXPENSE UPON COMPLETION OF THE AGREED PERIOD OF SERVICE, MAY BE RETURNED TO THE UNITED STATES AT GOVERNMENT EXPENSE UPON COMPLETION OF THE AGREED PERIOD OF SERVICE. WHEN THE AGREED PERIOD OF SERVICE HAS BEEN COMPLETED, IT IS IMMATERIAL WHETHER THE EMPLOYEE IS BEING RETURNED FOR THE PURPOSE OF TAKING LEAVE, EITHER WITH OR WITHOUT PAY, IN THE UNITED STATES, OR FOR THE PURPOSE OF BEING SEPARATED FROM THE SERVICE; AND IF HE HAS RETURNED TO THE UNITED STATES FOR THE PURPOSE OF TAKING LEAVE, HE THEREAFTER MAY BE RETURNED AT GOVERNMENT EXPENSE TO THE POST OF DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES UNDER RENEWAL OF THE PRIOR AGREEMENT. PAYMENT OF SALARY IS PROPER - IN ACCORDANCE WITH THE TERMS OF THE EMPLOYMENT AGREEMENT - FOR THE TIME NECESSARILY INVOLVED IN RETURNING TO OR GOING FROM THE UNITED STATES.

IN VIEW OF THE FOREGOING PAYMENT ON THE VOUCHER SUBMITTED BY MR. MCCANN IS AUTHORIZED, IF OTHERWISE CORRECT.

THE VOUCHER AND RELATED FILE ARE RETURNED HEREWITH.