B-157773, NOV. 8, 1965

B-157773, NOV. 8, 1965

TO MR. WALTER H. SPRAGUE:

THIS REFERS TO YOUR LETTER OF OCTOBER 21, 1965, IN EFFECT REQUESTING RECONSIDERATION OF OUR DECISION OF OCTOBER 15, 1965, B 157773, TO YOU, SUSTAINING THE DISALLOWANCE OF YOUR CLAIM FOR THE COST OF TRANSPORTATION FROM RIVERSIDE, CALIFORNIA, TO NORTHEAST CAPE, ALASKA, AND RETURN, INCIDENT TO YOUR EMPLOYMENT WITH THE DEPARTMENT OF THE AIR FORCE FROM NOVEMBER 5, 1962, THROUGH MARCH 25, 1963.

THE FACTS IN YOUR CASE WERE FULLY SET FORTH IN OUR DECISION OF OCTOBER 15, 1965, AND NEED NOT BE REPEATED HERE. YOUR CLAIM WAS DISALLOWED BECAUSE YOU RESIGNED FROM YOUR POSITION PRIOR TO COMPLETION OF THE ONE- YEAR AGREED PERIOD OF SERVICE.

THE TRANSPORTATION AGREEMENT SIGNED BY YOU STATES THAT THE TRAVEL AND TRANSPORTATION OF EMPLOYEES APPOINTED TO POSITIONS OUTSIDE THE 48 STATES AND THE DISTRICT OF COLUMBIA IS PROVIDED FOR BY SECTION 7, PUB.L. 600, 79TH CONGRESS. SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 73B-3, READS IN PART AS FOLLOWS:

"/A) APPROPRIATIONS FOR THE DEPARTMENTS SHALL BE AVAILABLE, IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT, FOR EXPENSES OF TRAVEL OF NEW APPOINTEES, EXPENSES OF TRANSPORTATION OF THEIR IMMEDIATE FAMILIES AND EXPENSES OF TRANSPORTATION OF THEIR HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM PLACES OF ACTUAL RESIDENCE AT TIME OF APPOINTMENT TO PLACES OF EMPLOYMENT OUTSIDE CONTINENTAL UNITED STATES, AND FOR SUCH EXPENSES ON RETURN OF EMPLOYEES FROM THEIR POSTS OF DUTY OUTSIDE CONTINENTAL UNITED STATES TO THE PLACES OF THEIR ACTUAL RESIDENCE AT TIME OF ASSIGNMENT TO DUTY OUTSIDE THE UNITED STATES: PROVIDED, THAT SUCH EXPENSES OF TRAVEL AND TRANSPORTATION TO POSTS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES SHALL NOT BE ALLOWED UNLESS AND UNTIL THE PERSON SELECTED FOR APPOINTMENT SHALL AGREE IN WRITING TO REMAIN IN THE GOVERNMENT SERVICE FOR TWELVE MONTHS FOLLOWING HIS APPOINTMENT UNLESS SEPARATED FOR REASONS BEYOND HIS CONTROL AND ACCEPTABLE TO THE DEPARTMENT OR AGENCY CONCERNED AND IN CASE OF VIOLATION OF SUCH AGREEMENT ANY MONEYS EXPENDED BY THE UNITED STATES ON ACCOUNT OF SUCH TRAVEL AND TRANSPORTATION SHALL BE RECOVERABLE FROM THE INDIVIDUAL CONCERNED AS A DEBT DUE THE UNITED STATES * * *"

THE DEPARTMENT OF THE AIR FORCE DOES NOT CONSIDER THE REASON GIVEN BY YOU (INADEQUATE LIVING CONDITIONS) FOR YOUR PREMATURE RESIGNATION AS ACCEPTABLE BECAUSE IT WAS ADMINISTRATIVELY DETERMINED THAT THE LIVING CONDITIONS AT NORTHEAST CAPE DURING THE TIME YOU WERE ASSIGNED THERE WERE SATISFACTORY, AND THAT THEY COMPARED FAVORABLY WITH LIVING CONDITIONS AT OTHER REMOTE AIR FORCE STATIONS.

UNDER THE STATUTE QUOTED ABOVE OUR OFFICE IS REQUIRED TO ACCEPT THE DETERMINATION OF THE DEPARTMENT OF THE AIR FORCE IN THE MATTER. THEREFORE, THE PRIOR ACTION IN DISALLOWING YOUR CLAIM IS AGAIN SUSTAINED.

AS REQUESTED BY YOU THERE ARE RETURNED HEREWITH THE PAPERS FORWARDED TO OUR OFFICE BY THE DEPARTMENT OF THE AIR FORCE IN SUPPORT OF YOUR CLAIM.