B-123243, MAY 2, 1955

B-123243, MAY 2, 1955

PRECIS-UNAVAILABLE

MISS ELIZABETH A. RILEY:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 14, 1955, REQUESTING REVIEW OF SETTLEMENT DATED JANUARY 6, 1955, WHICH DISALLOWED YOUR CLAIM FOR $583.50, REPRESENTING COST OF TRAVEL BY AIR FROM BERLIN, GERMANY, TO BOSTON, MASSACHUSETTS, AND RETURN, DURING THE PERIOD MARCH 11 TO APRIL 2, 1954. YOUR CLAIM WAS DISALLOWED ON THE BASIS THAT SINCE YOU RESIGNED, EFFECTIVE DECEMBER 28, 1953, FROM THE DEPARTMENT OF STATE TO ACCEPT A POSITION WITH THE DEPARTMENT OF THE ARMY IN BERLIN, YOU RELINQUISHED ANY RETURN TRAVEL RIGHTS YOU MAY HAVE HAD INCIDENT TO YOUR EMPLOYMENT WITH THE DEPARTMENT OF STATE.

THE RECORD SHOWS THAT YOU RESIGNED FROM YOUR POSITION WITH THE DEPARTMENT OF STATE EFFECTIVE DECEMBER 28, 1953, TO ACCEPT A POSITION WITH THE DEPARTMENT OF THE ARMY IN BERLIN AND THAT THERE WAS NO ACTUAL SEPARATION FROM THE GOVERNMENT SERVICE. IT APPEARS TO BE YOUR BELIEF, HOWEVER, THAT SINCE YOU RETURNED TO THE UNITED STATES WITHIN 90 DAYS AFTER RESIGNATION FROM THE DEPARTMENT OF STATE YOU ARE ENTITLED TO REIMBURSEMENT OF YOUR TRAVEL EXPENSES UNDER STATE DEPARTMENT REGULATIONS.

THE APPLICABLE PROVISIONS OF THE FOREIGN SERVICE TRAVEL REGULATIONS ARE AS FOLLOWS:

"180 FSTR 2.1 WRITTEN AUTHORIZATION OR APPROVAL

"ALL TRAVEL, TRANSPORTATION AND RELATED EXPENSES PERFORMED OR INCURRED UNDER THESE REGULATIONS SHALL BE AUTHORIZED OR APPROVED IN WRITING PRIOR TO PAYMENT OR REIMBURSEMENT FROM GOVERNMENT FUNDS.

"180 FSTR 3.62 SEPARATION, INCLUDING RETIREMENT AND RESIGNATION

"THE ACTUAL DEPARTURES OF THE EMPLOYEE AND OF HIS DEPENDENTS AND THE BEGINNING OF TRANSPORTATION OF ALL EFFECTS SHALL NOT BE DEFERRED MORE THAN 90 DAYS AFTER THE EMPLOYEE'S LAST DAY OF DUTY AT THE POST."

SINCE YOUR RETURN WAS NOT AUTHORIZED OR APPROVED BY A PROPER OFFICIAL OF THE DEPARTMENT OF STATE, IT IS CLEAR THAT YOU ARE NOT ENTITLED TO REIMBURSEMENT OF YOUR TRAVEL EXPENSES UNDER THE FOREIGN SERVICE TRAVEL REGULATIONS. MOREOVER, YOU ARE NOT ENTITLED TO REIMBURSEMENT OF TRAVEL EXPENSES INCIDENT TO YOUR EMPLOYMENT WITH THE DEPARTMENT OF THE ARMY SINCE TRAVEL WAS PERFORMED FOR THE PURPOSE OF TAKING ANNUAL LEAVE AND NOT INCIDENT TO A SEPARATION FROM THE SERVICE. IT HAS BEEN HELD BY OUR OFFICE IN 31 COMP. GEN. 36, WHICH CONSIDERED THE RETURN TRANSPORTATION RIGHTS OF OVERSEAS EMPLOYEES UNDER SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF AUGUST 2, 1946, 60 STAT. 808, AS AMENDED BY THE ACT OF SEPTEMBER 23, 1950, 64 STAT. 985, THAT AN EMPLOYEE WAS ENTITLED TO REIMBURSEMENT OF TRAVEL EXPENSES ONLY UPON SEPARATION FROM THE SERVICE, AND THAT THE RETURN TRAVEL OF THE EMPLOYEE TO THE UNITED STATES FOR THE SOLE PURPOSE OF TAKING ANNUAL LEAVE IS NOT AUTHORIZED AT GOVERNMENT EXPENSE. THE PROVISIONS OF THE ACT OF AUGUST 31, 1954, 68 STAT. 1008, AUTHORIZING TRAVEL AT GOVERNMENT EXPENSE FOR THE PURPOSE OF TAKING LEAVE UPON THE COMPLETION OF AN OVERSEAS ASSIGNMENT, LIKEWISE ARE NOT APPLICABLE TO YOUR SITUATION SINCE THAT ACT IS NOT RETROACTIVELY EFFECTIVE AND YOUR TRAVEL WAS PERFORMED PRIOR TO AUGUST 31, 1954, THE EFFECTIVE DATE OF THE ACT.

ACCORDINGLY, SINCE YOU ARE NOT ENTITLED TO REIMBURSEMENT OF THE TRAVEL EXPENSES UNDER THE FOREIGN SERVICE TRAVEL REGULATIONS OR UNDER THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, THE DISALLOWANCE OF YOUR CLAIM WAS PROPER AND IS SUSTAINED.