B-166797, JUL 13, 1972

B-166797, JUL 13, 1972

CIVILIAN EMPLOYEE - BREACH OF TRANSPORTATION AGREEMENT - GOVERNMENT EMPLOYEES TRAINING ACT CONCERNING THE INDEBTEDNESS TO THE GOVERNMENT OF PETE A. MORALES, A FORMER EMPLOYEE OF THE DEPARTMENT OF TRANSPORTATION, INCIDENT TO HIS BREACH OF A TRANSPORTATION AGREEMENT. AT THE REQUEST OF THE COMP. GEN., THE CIVIL SERVICE COMMISSION HAS DETERMINED THAT MR. MORALES' EMPLOYMENT WAS WITHIN THE PURVIEW OF THE GOVERNMENT EMPLOYEES TRAINING ACT, 5 U.S.C. 4101-4118. ACCORDINGLY, HIS INDEBTEDNESS HAS BEEN REDUCED BY THE AMOUNT TO WHICH HE WOULD HAVE BEEN ENTITLED BY THE PROVISIONS OF THAT ACT.

TO MR. PETE A. MORALES:

THIS REFERS TO YOUR LETTER OF DECEMBER 10, 1971, WITH ENCLOSURES, CONCERNING YOUR INDEBTEDNESS TO THE GOVERNMENT AS A FORMER EMPLOYEE OF THE DEPARTMENT OF TRANSPORTATION ARISING FROM BREACH OF TRANSPORTATION AGREEMENTS ENTERED INTO BY YOU AS REQUIRED BY 5 U.S.C. 5724 AND SECTION 1.3C OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966.

THE RECORD SHOWS THAT ON JUNE 4, 1967, YOU WERE APPOINTED TO THE POSITION OF AUDITOR (TRAINEE) AND ASSIGNED TO THE FEDERAL HIGHWAY ADMINISTRATION, PERSONNEL AND TRAINING DIVISION, WASHINGTON, D.C., WITH DUTY STATION AT SANTA FE, NEW MEXICO. ON DECEMBER 3, 1967, YOUR DUTY STATION WAS CHANGED FROM SANTA FE, NEW MEXICO, TO SPRINGFIELD, ILLINOIS. ON MAY 19, 1968, YOUR DUTY STATION WAS CHANGED FROM SPRINGFIELD, ILLINOIS, TO HELENA, MONTANA. ON JUNE 16, 1968, YOUR DUTY STATION WAS CHANGED FROM HELENA, MONTANA, TO FRANKFORT, KENTUCKY. YOU RESIGNED FROM THE SERVICE AUGUST 28, 1968, FOR PERSONAL REASONS. INCIDENT TO YOUR TRANSFERS TO SPRINGFIELD, ILLINOIS, AND TO HELENA, MONTANA, YOU WERE CERTIFIED BY THE ADMINISTRATIVE OFFICE TO BE INDEBTED TO THE GOVERNMENT IN THE AMOUNT OF $1,087.20. YOU DENY LIABILITY ON THE GROUND THAT YOU HELD THE POSITION OF AUDITOR TRAINEE.

WE STATED IN OUR DECISION OF JUNE 30, 1969, B-166797, TO THE ADMINISTRATIVE OFFICE, A COPY OF WHICH WAS FORWARDED TO OUR OFFICE WITH YOUR LETTER OF DECEMBER 10, 1971, THAT WE INFORMALLY HAD ASCERTAINED FROM THE FEDERAL HIGHWAY ADMINISTATION THAT ONLY THE FORMAL CLASSROOM TRAINING PROGRAMS WHICH ARE CONDUCTED IN THE WASHINGTON, D.C. OFFICE AND OUT- SERVICE TRAINING INVOLVING TRAVEL WERE REGARDED AS TRAINING UNDER PUBLIC LAW 85-507, GOVERNMENT EMPLOYEES TRAINING ACT, NOW 5 U.S.C. 4101-4118. ASSIGNMENTS TO VARIOUS LOCATIONS TO COMPLETE DIFFERENT PHASES OF ON-THE- JOB TRAINING WORK WERE CONSIDERED AS TRANSFERS PRIMARILY FOR THE PERFORMANCE OF DUTY RATHER THAN FOR THE PURPOSE OF TRAINING.

IN VIEW OF YOUR CONTENTION THAT THE POSITION OCCUPIED BY YOU CAME UNDER THE GOVERNMENT EMPLOYEES TRAINING ACT, NOW 5 U.S.C. 4101-4118, WE REQUESTED AN EXPRESSION OF THE VIEWS OF THE CIVIL SERVICE COMMISSION SINCE THAT AGENCY IS CHARGED WITH ISSUING REGULATIONS FOR THE ADMINISTRATION OF THE EMPLOYEES TRAINING ACT (5 U.S.C. 4118). IT WAS FINALLY DETERMINED THAT THE POSITION OCCUPIED BY YOU CAME WITHIN THE PURVIEW OF THE TRAINING ACT AND WE THEN REQUESTED THE FEDERAL HIGHWAY ADMINISTRATION TO COMPUTE THE EXPENSES WHICH WOULD HAVE BEEN PAYABLE UNDER THE TRAINING ACT WHICH WOULD THEN BE FOR DEDUCTION FROM EXPENSES ALLOWED UNDER THE TRANSFER PROVISIONS OF 5 U.S.C. 5724A.

THE FEDERAL HIGHWAY ADMINISTRATION FURNISHED THE FOLLOWING COMPUTATION OF WHAT YOU WOULD HAVE BEEN ENTITLED TO HAD YOU BEEN PAID UNDER THE GOVERNMENT EMPLOYEES TRAINING ACT:

"1. TRAVEL ORDER 54-18-236 FOR TRANSFER FROM SANTA FE, NEW MEXICO TO SPRINGFIELD, ILLINOIS.

MILEAGE $106.60

(PER DIEM 3 1/4 DAYS AT $16.00 EMPLOYEE ONLY) 52.00

TOLLS 4.20

SHIPMENT OF HOUSEHOLD GOODS 205.74

TOTAL $368.54

"2. TRAVEL ORDER 24-18-425 FOR TRANSFER FROM SPRINGFIELD, ILLINOIS TO HELENA, MONTANA.

MILEAGE $152.00

(PER DIEM 4 1/2 DAYS AT $16.00 EMPLOYEE ONLY) 72.00

SHIPMENT OF HOUSEHOLD GOODS 282.00

TOTAL $506.00"

IN VIEW OF THE ABOVE YOUR INDEBTEDNESS HAS BEEN REDUCED TO $212.66. PAYMENT SHOULD BE MADE BY CHECK OR MONEY ORDER PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" AND FORWARDED TO:

U.S. GENERAL ACCOUNTING OFFICE

POST OFFICE BOX 2610

WASHINGTON, D.C. 20013 ..END :