B-122796, APRIL 25, 1955, 34 COMP. GEN. 546
Highlights
TRAVELING EXPENSES - HOME LEAVE - PLACE TO WHICH ENTITLED AN EMPLOYEE WHOSE LEGAL RESIDENCE WAS OVERSEAS AT THE TIME OF HIS TRANSFER BETWEEN OVERSEAS AGENCIES HAS AN OVERSEAS PLACE OF "ACTUAL RESIDENCE AT TIME OF APPOINTMENT OR TRANSFER" WITHIN THE MEANING OF SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946. THE EMPLOYEE IS NOT ENTITLED TO EXPENSES OF ROUND-TRIP TRAVEL FOR HIMSELF AND FAMILY TO THE UNITED STATES FOR PURPOSES OF LEAVE PRIOR TO SERVING ANOTHER TOUR OF DUTY. EVEN THOUGH THE EMPLOYEE WAS A LEGAL RESIDENT OF THE UNITED STATES AT THE TIME OF HIS ORIGINAL OVERSEAS ASSIGNMENT. LINCOLN WAS EMPLOYED BY THE WORKS PROGRESS ADMINISTRATION IN 1935 AT LONGVIEW. WHEN HIS EMPLOY WAS TERMINATED BY REASON OF THE ACTIVITIES BEING DISCONTINUED.
B-122796, APRIL 25, 1955, 34 COMP. GEN. 546
TRAVELING EXPENSES - HOME LEAVE - PLACE TO WHICH ENTITLED AN EMPLOYEE WHOSE LEGAL RESIDENCE WAS OVERSEAS AT THE TIME OF HIS TRANSFER BETWEEN OVERSEAS AGENCIES HAS AN OVERSEAS PLACE OF "ACTUAL RESIDENCE AT TIME OF APPOINTMENT OR TRANSFER" WITHIN THE MEANING OF SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AND, THEREFORE, THE EMPLOYEE IS NOT ENTITLED TO EXPENSES OF ROUND-TRIP TRAVEL FOR HIMSELF AND FAMILY TO THE UNITED STATES FOR PURPOSES OF LEAVE PRIOR TO SERVING ANOTHER TOUR OF DUTY, EVEN THOUGH THE EMPLOYEE WAS A LEGAL RESIDENT OF THE UNITED STATES AT THE TIME OF HIS ORIGINAL OVERSEAS ASSIGNMENT.
COMPTROLLER GENERAL CAMPBELL TO THE ADMINISTRATOR, VETERANS ADMINISTRATION, APRIL 25, 1955:
YOUR LETTER OF FEBRUARY 1, 1955, REQUESTS A DECISION AS TO WHETHER, UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER SET FORTH, MR. ERNEST E. LINCOLN, AN EMPLOYEE OF THE VETERANS ADMINISTRATION, WOULD BE ENTITLED TO REIMBURSEMENT FOR THE EXPENSES OF TRAVEL AND TRANSPORTATION OF HIMSELF AND HIS IMMEDIATE FAMILY FROM JUNEAU, ALASKA, TO SEATTLE, WASHINGTON, AND RETURN, FOR THE PURPOSE OF TAKING LEAVE.
MR. LINCOLN WAS EMPLOYED BY THE WORKS PROGRESS ADMINISTRATION IN 1935 AT LONGVIEW, WASHINGTON, AND CONTINUED IN THE EMPLOYMENT OF THAT AGENCY UNTIL JULY 1942, WHEN HIS EMPLOY WAS TERMINATED BY REASON OF THE ACTIVITIES BEING DISCONTINUED. HE WAS THEN EMPLOYED IN PRIVATE INDUSTRY UNTIL MARCH 1943, AT WHICH TIME HE WAS EMPLOYED AT SEATTLE, WASHINGTON, WITH THE WAR MANPOWER COMMISSION. HIS LEGAL RESIDENCE AT THAT TIME WAS SHOWN AS SEATTLE. LATER MR. LINCOLN TRANSFERRED TO JUNEAU, ALASKA, WITH THE WAR MANPOWER COMMISSION. IN MARCH 1944, HE BECAME ASSISTANT MANPOWER DIRECTOR FOR THE DEPARTMENT OF LABOR AT JUNEAU. HE CONTINUED IN THE EMPLOYMENT OF THE DEPARTMENT OF LABOR UNTIL MAY 5, 1946, WHEN HE RESIGNED TO ACCEPT EMPLOYMENT WITH THE VETERANS ADMINISTRATION. ON THE FOLLOWING DAY, MAY 6, 1946, HE ACCEPTED EMPLOYMENT WITH THE VETERANS ADMINISTRATION AT ANCHORAGE, ALASKA UNTIL THE PRESENT TIME. MR. LINCOLN STATES THAT HIS PRESENT DOMICILE IS JUNEAU AND THAT HIS EMPLOYMENT IN ALASKA BY THE FEDERAL GOVERNMENT HAS BEEN CONTINUOUS FROM THE DATE HE REACHED HIS FIRST POST OF DUTY IN ALASKA.
WHILE THE RECORD DOES NOT INDICATE THE DATE ON WHICH MR. LINCOLN CHANGED HIS DOMICILE FROM SEATTLE TO ALASKA IT IS STATED IN YOUR LETTER THAT THE FORM 57 SUBMITTED BY HIM TO THE VETERANS ADMINISTRATION IN 1946 SHOWS THAT HE WAS BORN IN KANSAS AND THAT HIS LEGAL OR VOTING RESIDENCE IS IN ALASKA. BEFORE DEPARTING FROM ALASKA ON OCTOBER 11, 1954, FOR A VACATION TRIP TO THE STATE OF WASHINGTON, MR. LINCOLN SIGNED AN EMPLOYMENT AGREEMENT TO REMAIN IN THE SERVICE OF THE VETERANS ADMINISTRATION AT JUNEAU FOR AT LEAST 24 MONTHS FOLLOWING HIS RETURN FROM VACATION LEAVE.
SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 808, AS AMENDED BY THE ACT OF AUGUST 31, 1954, PUBLIC LAW 737, 68 STAT. 1008, PROVIDES IN PART AS FOLLOWS:
* * * THAT EXPENSES OF ROUND TRIP TRAVEL OF EMPLOYEE AND TRANSPORTATION OF IMMEDIATE FAMILY * * * FROM THEIR POSTS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES TO THE PLACES OF ACTUAL RESIDENCE AT TIME OF APPOINTMENT OR TRANSFER TO SUCH OVERSEAS POSTS OF DUTY, SHALL BE ALLOWED IN THE CASE OF PERSONS WHO HAVE SATISFACTORILY COMPLETED AN AGREED PERIOD OF SERVICE OVERSEAS AND ARE RETURNING TO THEIR ACTUAL PLACE OF RESIDENCE FOR THE PURPOSE OF TAKING LEAVE * * *.
THIS STATUTORY PROVISION PERMITS THE RETURN OF AN EMPLOYEE AND HIS IMMEDIATE FAMILY AT GOVERNMENT EXPENSE TO THEIR PLACE OF ACTUAL RESIDENCE FOR THE PURPOSE OF TAKING LEAVE PRIOR TO SERVING ANOTHER TOUR OF DUTY. THE TERM "ACTUAL RESIDENCE" IS NOT DEFINED IN THE STATUTE AND IS FOR DETERMINATION FROM THE FACTS OF EACH CASE. 29 COMP. GEN. 526. UNDER THE FACTS PRESENTED IN THIS INSTANCE, AS OUTLINED ABOVE, IT IS OUR VIEW THAT, AT THE TIME OF APPOINTMENT OR TRANSFER TO THE VETERANS ADMINISTRATION, THE EMPLOYEE'S ACTUAL PLACE OF RESIDENCE WAS ALASKA WITHIN THE MEANING OF THE TERM "ACTUAL RESIDENCE" AS USED IN THE STATUTE. CONSEQUENTLY, THERE IS NO AUTHORITY TO REIMBURSE HIM FOR TRAVELING EXPENSES OF HIMSELF AND TRANSPORTATION OF HIS IMMEDIATE FAMILY FOR A VISIT TO SEATTLE, WASHINGTON.