B-101328, APRIL 11, 1951, 30 COMP. GEN. 396

B-101328, APRIL 11, 1951, 30 COMP. GEN. 396

TRANSPORTATION - DEPENDENTS - FROM OVERSEAS EMPLOYEES WHO NEGOTIATE TRANSFERS TO OTHER AGENCIES OR RESIGN WHILE ON LEAVE OF ABSENCE ACCOMPANIED BY THEIR DEPENDENTS FROM POSTS OF DUTY OUTSIDE THE UNITED STATES ARE NOT ENTITLED TO BE REIMBURSED THE COST OF REPATRIATION OF SUCH DEPENDENTS WHO WERE IN THE UNITED STATES AT THE TIME THE OVERSEAS ASSIGNMENTS WERE TERMINATED, THERE BEING NO OBLIGATION ON THE PART OF THE GOVERNMENT TO MAKE PAYMENT IN LIEU OF SUCH EXPENSES WHEN FOR ANY REASON TRANSPORTATION IN KIND IS NOT REQUIRED.

COMPTROLLER GENERAL WARREN TO MARY E. SMITH, DEPARTMENT OF COMMERCE, APRIL 11, 1951:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 27, 1950, FORWARDED HERE BY LETTER DATED FEBRUARY 8, 1951, FROM THE ACCOUNTING DIVISION OF THE CIVIL AERONAUTICS ADMINISTRATION, TRANSMITTING TWO VOUCHERS, ONE IN FAVOR OF SELWYN E. JACKSON AND THE OTHER IN FAVOR OF ROBERT W. SPEARS, COVERING REIMBURSEMENT OF THE EXPENSES INCURRED BY THEM IN TRANSPORTING THEIR DEPENDENTS FROM THE CANAL ZONE TO THE UNITED STATES. IN VIEW OF THE FACTS HEREINAFTER RELATED, YOU REQUEST A DECISION AS TO THE LEGALITY OF CERTIFYING THE SAID VOUCHERS FOR PAYMENT.

AT THE TIME INVOLVED, THE INDIVIDUALS NAMED WERE EMPLOYEES OF THE CIVIL AERONAUTICS ADMINISTRATION STATIONED AT BALBOA, CANAL ZONE. IN EACH CASE, THE EMPLOYEE, ACCOMPANIED BY HIS DEPENDENTS, RETURNED TO THE UNITED STATES AT PERSONAL EXPENSE FOR THE PURPOSE OF TAKING ANNUAL LEAVE. WHILE ON LEAVE MR. JACKSON, ON THE ADVICE OF HIS PHYSICIAN, NEGOTIATED A TRANSFER TO THE LOCAL OFFICE OF THE ADMINISTRATION AT FORTH WORTH, TEXAS, AND MR. SPEARS RESIGNED FOR THE PURPOSE OF ACCEPTING COMMERCIAL EMPLOYMENT IN THE UNITED STATES. BOTH OF THE SAID EMPLOYEES RETURNED TO THE CANAL ZONE WITHOUT THEIR DEPENDENTS IN ORDER TO TERMINATE THEIR OBLIGATIONS AT THAT PLACE AND TO REMOVE THEIR PERSONAL EFFECTS. RETURN TRAVEL OF THE EMPLOYEES TO THE UNITED STATES AND THE TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE WERE AUTHORIZED IN BOTH CASES, BUT SINCE THE FAMILIES ALREADY WERE IN THE UNITED STATES AUTHORITY TO TRANSPORT DEPENDENTS WAS NOT INCLUDED IN THE ORIGINAL TRAVEL ORDERS. HOWEVER, SUPPLEMENTAL ORDERS WERE ISSUED LATER AUTHORIZING ,REPATRIATION OF DEPENDENTS" OF BOTH EMPLOYEES. THERE CAN BE NO DOUBT BUT THAT THE EMPLOYEES INVOLVED PROPERLY ASSUMED THE COST OF THEIR DEPENDENTS' TRANSPORTATION TO THE UNITED STATES IN CONNECTION WITH THEIR OWN TRAVEL FOR THE PURPOSE OF TAKING ANNUAL LEAVE. ALSO, IT IS EQUALLY CLEAR THAT IF THE SAID DEPENDENTS HAD RETURNED TO THE CANAL ZONE WITH THE EMPLOYEES THE EXPENSE INVOLVED ALSO WOULD HAVE BEEN PERSONAL AND NOT CHARGEABLE TO THE UNITED STATES. THE OBLIGATION OF THE GOVERNMENT IN SUCH CASES IS TO RESTORE THE EMPLOYEE TO THE SAME RELATIVE STATUS HE OCCUPIED PRIOR TO BEING ASSIGNED TO DUTY OUTSIDE THE CONTINENTAL UNITED STATES. IN THE CASES UNDER CONSIDERATION, THE DEPENDENTS ALREADY WERE IN THE UNITED STATES AT THE TIME THE OVERSEAS ASSIGNMENTS WERE TERMINATED AND NOTHING FURTHER REMAINED TO BE DONE IN THAT RESPECT. ACCORDINGLY, THE EMPLOYEES HAVING INCURRED NO ADDITIONAL EXPENSES AT THAT TIME IN RETURNING THEIR DEPENDENTS TO THE UNITED STATES AND SINCE THERE IS NO OBLIGATION ON THE PART OF THE GOVERNMENT TO MAKE PAYMENT IN LIEU OF SUCH EXPENSES WHEN FOR ANY REASON TRANSPORTATION IN KIND IS NOT REQUIRED, THE SUBMITTED VOUCHERS, SO FAR AS THEY RELATE TO THE EXPENSES OF TRANSPORTATION OF DEPENDENTS, MAY NOT BE CERTIFIED FOR PAYMENT. THE VOUCHERS AND SUPPORTING PAPERS ARE RETURNED HEREWITH.