B-141346, JUL. 22, 1960

B-141346, JUL. 22, 1960

TO MR. MARC BALLOTTA:

YOUR CERTIFIED LETTER NO. 813037 OF MAY 14, 1960, WITH ENCLOSURE, FORWARDED TO OUR OFFICE BY THE ASSISTANT TO THE PRESIDENT FOR OUR CONSIDERATION REFERS TO YOUR CLAIM FOR REIMBURSEMENT OF YOUR EXPENSES INCURRED IN TRAVEL AND TRANSPORTATION FROM PARIS, FRANCE, TO NEW YORK, NEW YORK, IN CONNECTION WITH YOUR SEPARATION FROM YOUR POSITION WITH THE DEPARTMENT OF THE ARMY, ORIGINALLY EFFECTED ON OCTOBER 28, 1955, BUT LATER CHANGED TO JUNE 12, 1956.

IN VIEW OF THE FACT THAT YOU HAD TAKEN HOME LEAVE LESS THAN A YEAR PRIOR TO YOUR RETURN TO THE UNITED STATES IN NOVEMBER 1955, AND THE DEPARTMENT OF THE ARMY DETERMINED THAT YOUR SEPARATION WAS FOR REASONS OTHER THAN THOSE BEYOND YOUR CONTROL AND NOT ACCEPTABLE TO THAT DEPARTMENT NO TRAVEL ORDERS WERE ISSUED BY THE DEPARTMENT OF THE ARMY FOR YOUR RETURN TO THE UNITED STATES AND YOU PROCEEDED AT YOUR OWN EXPENSE. IN THAT REGARD, IT MAY BE SAID THAT SUCH DETERMINATION IS A MATTER FOR THE ADMINISTRATIVE AGENCY. 5 U.S.C. 73B-3. THE DEPARTMENT OF THE ARMY COLLECTED $746.76 FROM YOU ON ACCOUNT OF THE TRANSPORTATION FURNISHED IN RETURNING YOU FROM HOME LEAVE ALTHOUGH NO CHARGE WAS MADE FOR TRAVEL TO THE UNITED STATES ON HOME LEAVE. YOU PRESENTED A CLAIM TO OUR OFFICE FOR REIMBURSEMENT OF THE AMOUNT CHARGED BY THE ARMY AND FOR THE ACTUAL COST OF TRANSPORTING YOU, YOUR DEPENDENTS, AND YOUR HOUSEHOLD EFFECTS TO THE UNITED STATES AFTER YOUR SEPARATION. YOU WERE ALLOWED $146.38 FOR PACKING, CRATING AND DRAYAGE OF YOUR HOUSEHOLD EFFECTS BY OUR SETTLEMENT OF SEPTEMBER 8, 1959, AND $421.21 FOR THE CONSTRUCTIVE COST OF OCEAN SHIPMENT OF YOUR HOUSEHOLD EFFECTS BY OUR SETTLEMENT OF FEBRUARY 3, 1960. HOWEVER, THE BALANCE OF YOUR CLAIM WAS DISALLOWED.

THE INDEBTEDNESS OR CREDIT OF AN EMPLOYEE WHO FAILS TO COMPLETE ONE YEAR'S SERVICE AT HIS OVERSEAS STATION AFTER SIGNING A NEW EMPLOYMENT AGREEMENT UPON RETURN FROM HOME LEAVE IS GOVERNED BY SECTION 27 (D) (1) OF TITLE VI OF EXECUTIVE ORDER NO. 9805, AS ADDED BY BUREAU OF BUDGET CIRCULAR A-4, MAY 2, 1955. THAT SECTION PROVIDES THAT AN EMPLOYEE, WHO FOR REASONS OTHER THAN THOSE BEYOND HIS CONTROL, FAILS TO COMPLETE ONE YEAR'S SERVICE UNDER THE NEW EMPLOYMENT AGREEMENT IS INDEBTED TO THE GOVERNMENT FOR THE AMOUNTS EXPENDED INCIDENT TO HIS HOME LEAVE TRAVEL. FURTHER PROVIDES, THAT "SUCH INDEBTEDNESS SHALL, HOWEVER, BE ADJUSTED DOWNWARD (IN RECOGNITION OF THE EMPLOYEE'S COMPLETION OF THE PREVIOUS PERIOD OF SERVICE) BY AN AMOUNT EQUAL TO THE COST OF RETURNING THE EMPLOYEE, HIS IMMEDIATE FAMILY, AND HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM THE POST OF DUTY AT WHICH THE FORMER PERIOD OF SERVICE WAS COMPLETED TO HIS PLACE OF ACTUAL RESIDENCE.' UNDER THAT SECTION, IF THE AMOUNT OF THE ADJUSTMENT IS LESS THAN THE EMPLOYEE'S INDEBTEDNESS, THE BALANCE SHALL REPRESENT A DEBT DUE THE UNITED STATES; IF THE AMOUNT OF THE ADJUSTMENT EXCEEDS THE EMPLOYEE'S INDEBTEDNESS, THE BALANCE SHALL BE APPLIED TO THE COST, FOR WHICH THE EMPLOYEE IS RESPONSIBLE, OF TRANSPORTING THE EMPLOYEE, HIS IMMEDIATE FAMILY, AND HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM THE POST OF DUTY AT WHICH HE FAILED TO COMPLETE THE PERIOD OF SERVICE, UNDER THE NEW AGREEMENT, TO HIS PLACE OF ACTUAL RESIDENCE.

THE ORIGINAL COMPUTATION OF YOUR INDEBTEDNESS, NAMELY $746.76, WAS DEDUCTED FROM THE AMOUNTS DUE YOU AS A RESULT OF YOUR EMPLOYMENT. THAT COMPUTATION WAS ADJUSTED DOWNWARD IN ACCORDANCE WITH SECTION 27 (D) (1) OF EXECUTIVE ORDER NO. 9805, BY ALLOWING YOU $146.38 AND $421.21 BY OUR SETTLEMENTS OF SEPTEMBER 8, 1959, AND FEBRUARY 3, 1960, FOR PACKING, CRATING, AND DRAYAGE, AND CONSTRUCTIVE COST OF THE OCEAN SHIPMENT OF YOUR HOUSEHOLD EFFECTS, RESPECTIVELY. THEREFORE, THERE IS NO FURTHER AMOUNT DUE YOU.

IT MAY BE STATED, ALSO, THAT THE ESTABLISHED RULE OF OUR OFFICE IS TO ACCEPT THE REPORT OF ADMINISTRATIVE OFFICERS ON DISPUTED QUESTIONS OF FACT, IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF.