B-108678, JUNE 25, 1952, 31 COMP. GEN. 683

B-108678, JUNE 25, 1952, 31 COMP. GEN. 683

TRANSPORTATION - DEPENDENTS AND HOUSEHOLD EFFECTS - EMPLOYEES ELECTING TO REMAIN AT OVERSEAS STATION FOR ADDITIONAL PERIOD IN VIEW OF THE MANDATORY RETURN TRANSPORTATION PROVISION IN THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, FOR EMPLOYEES SERVING OUTSIDE OF THE UNITED STATES UNDER AN EMPLOYMENT CONTRACT, AN EMPLOYEE'S DEPENDENTS AND HOUSEHOLD GOODS MAY BE RETURNED FROM AN OVERSEAS STATION AT GOVERNMENT EXPENSE UPON COMPLETION OF HIS TERM OF EMPLOYMENT, WHERE THE EMPLOYEE ELECTS TO SERVE AT SAID STATION FOR AN ADDITIONAL PERIOD.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE ARMY, JUNE 25, 1952:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 18, 1952, REQUESTING A DECISION UPON TWO QUESTIONS ARISING FROM THE ENACTMENT OF PUBLIC LAW 830, APPROVED SEPTEMBER 23, 1950, 64 STAT. 985, AMENDING SECTION 7 OF THE ACT OF AUGUST 2, 1946, PUBLIC LAW 600.

THE SAID QUESTIONS ARE AS FOLLOWS:

A. MAY SECTION 2 OF PUBLIC LAW 830 BE CONSTRUED AS PROVIDING THE "AUTHORITY" FOR RETURN OF AN EMPLOYEE AT THE END OF THE PERIOD SPECIFIED IN HIS EMPLOYMENT AGREEMENT SO THAT HIS DEPENDENTS AND/OR HOUSEHOLD GOODS MAY BE RETURNED AT THAT TIME EVEN THOUGH THE EMPLOYEE MAY ELECT TO REMAIN AT THE OVERSEAS STATION FOR AN ADDITIONAL PERIOD?

B. IN THE EVENT OF A FAVORABLE REPLY TO THE ABOVE QUESTION, MAY THE PRINCIPLE ANNOUNCED IN 29 COMP. GEN. 160 AT 163 BE EXTENDED TO PERMIT REIMBURSEMENT TO AN EMPLOYEE UPON COMPLETION OF HIS EMPLOYMENT AGREEMENT FOR PERSONAL EXPENSES OF RETURNING DEPENDENTS AND HOUSEHOLD GOODS PRIOR TO HIS BECOMING ENTITLED TO SUCH TRAVEL AT GOVERNMENT EXPENSE?

IN OFFICE DECISION OF OCTOBER 6, 1949, B-86698, 29 COMP. GEN. 160, IT WAS HELD, QUOTING FROM THE SYLLABUS, AS FOLLOWS:

INASMUCH AS THE AUTHORITY IN SECTION 7 OF THE ADMINISTRATIVE EXPENSE STATUTE OF AUGUST 2, 1946, TO RETURN DEPENDENTS OF EMPLOYEES STATIONED OVERSEAS IS INSEPARABLE FROM THE AUTHORITY TO RETURN THE EMPLOYEE HIMSELF, THERE CAN BE NO VALID TRAVEL AUTHORITY ISSUED FOR DEPENDENTS ALONE, SO THAT IF RETURN TRAVEL OF DEPENDENTS OCCURS PRIOR TO THE ISSUANCE OF PROPER ORDERS DIRECTING THE RETURN OF THE EMPLOYEE AND HIS DEPENDENTS--- REGARDLESS OF THE REASONS FOR SUCH PRIOR TRAVEL--- EXPENSES INCIDENT THERETO ARE NOT PAYABLE; HOWEVER, WHERE THE EMPLOYEE PERSONALLY HAS PAID SUCH EXPENSES, REIMBURSEMENT MAY BE MADE UPON THE BASIS THAT THE RETURN OF THE DEPENDENTS WAS INCIDENT TO OR IN REASONABLE ANTICIPATION OF ORDERS SUBSEQUENTLY ISSUED TO THE EMPLOYEE AUTHORIZING SUCH RETURN TRAVEL.

THE EFFECT OF THE AMENDMENT ACCOMPLISHED BY THE ENACTMENT OF PUBLIC LAW 830 WAS TO ESTABLISH, WITH RESPECT TO AN EMPLOYEE SERVING OUTSIDE OF THE UNITED STATES UNDER AN AGREEMENT FOR A PERIOD OF ONE TO THREE YEARS, A VESTED RIGHT TO RETURN TRANSPORTATION INCIDENT TO SEPARATION UPON COMPLETION OF THE AGREED PERIOD OF SERVICE. IN VIEW OF THE MANDATORY RETURN TRANSPORTATION PROVISION OF THE SAID LAW, THE RETURN TRANSPORTATION OF AN EMPLOYEE'S IMMEDIATE FAMILY AND HOUSEHOLD GOODS UPON COMPLETION OF HIS TERM OF EMPLOYMENT MAY NOW BE AUTHORIZED WHERE THE EMPLOYEE ELECTS TO SERVE AT THE OVERSEAS STATION FOR AN ADDITIONAL PERIOD. ACCORDINGLY, QUESTION (A) IS ANSWERED IN THE AFFIRMATIVE.

IN QUESTION (B), IT IS ASSUMED THAT THE LANGUAGE THEREIN "PRIOR TO HIS BECOMING ENTITLED TO SUCH TRAVEL AT GOVERNMENT EXPENSE" REFERS TO THE EMPLOYEE'S ELECTION TO SERVE FOR AN ADDITIONAL PERIOD IN LIEU OF RETURNING FOR SEPARATION UPON COMPLETION OF HIS INITIAL EMPLOYMENT AGREEMENT. BASED ON SUCH ASSUMPTION, THE QUESTION IS ANSWERED IN THE AFFIRMATIVE, THAT IS, IN ACCORDANCE WITH ANSWER TO QUESTION (A), HE MAY BE REIMBURSED FOR EXPENSES INCURRED INCIDENT TO THE RETURN TRANSPORTATION OF HIS IMMEDIATE FAMILY, AND HOUSEHOLD GOODS.