B-131459, MAY 6, 1957

B-131459, MAY 6, 1957

TO MR. W. E. CORBIN, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF THE INTERIOR:

YOUR LETTER OF APRIL 9, 1957, REQUESTS OUR DECISION WHETHER MR. BOB L. BURKHOLDER, MANUAL CONTROL SUPERVISOR, IS ENTITLED TO REIMBURSEMENT FOR THE COST OF HIS TRAVEL AND HIS FAMILY BY PRIVATELY OWNED VEHICLE FROM TOK JUNCTION, ALASKA, TO DENVER, COLORADO, AND RETURN, FOR HOME LEAVE.

WE UNDERSTAND THAT MR. BURKHOLDER WAS ORIGINALLY RECRUITED FROM THE CONTINENTAL UNITED STATES, ENTERED ON DUTY IN ALASKA JULY 1, 1949, AND HAS BEEN CONTINUOUSLY EMPLOYED BY THE SERVICE IN ALASKA SINCE THAT DATE. ALSO UNDERSTAND THAT IN COMPLIANCE WITH THE POLICY OF THE DIVISION OF GAME MANAGEMENT MR. BURKHOLDER, ON MAY 21, 1956, SUBMITTED TO THE WILDLIFE ADMINISTRATOR A REQUEST FOR 45 DAYS LEAVE STARTING NOVEMBER 15, 1956. THAT LEAVE WAS APPROVED BY THE PROPER ADMINISTRATIVE OFFICIAL. AT THE TIME OF HIS DEPARTURE FOR THE CONTINENTAL UNITED STATES HE MET ALL THE ELIGIBILITY REQUIREMENTS FOR VACATION TRAVEL EXCEPT FOR EXECUTION OF A NEW EMPLOYMENT AGREEMENT IN WRITING TO REMAIN WITH THE GOVERNMENT SERVICE FOR A STIPULATED TIME AS REQUIRED BY PUBLIC LAW 737, APPROVED AUGUST 31, 1954, 68 STAT. 1008, AND BEING ISSUED A WRITTEN TRAVEL AUTHORIZATION. IT WAS THROUGH AN OVERSIGHT THAT THE EMPLOYEE FAILED TO TAKE ACTION TO EXECUTE A NEW EMPLOYMENT AGREEMENT AND OBTAIN A WRITTEN TRAVEL AUTHORIZATION PRIOR TO HIS DEPARTURE. THE RECORD SHOWS THAT MR. BURKHOLDER IS WILLING TO SIGN AN EMPLOYMENT AGREEMENT FOR ANOTHER PERIOD OF SERVICE BEGINNING WITH HIS RETURN TO ALASKA.

THE PURPOSE OF PUBLIC LAW 737 AS SET OUT IN HOUSE OF REPRESENTATIVES REPORT NO. 2096, 83D CONGRESS, IS TO AUTHORIZE THE PAYMENT OF EXPENSES OF ROUND-TRIP TRAVEL AND TRANSPORTATION FOR CIVILIAN GOVERNMENT EMPLOYEES AND THEIR FAMILIES BETWEEN TOURS OF DUTY OVERSEAS FOR THE PURPOSE OF TAKING LEAVE. A SIMILAR STATEMENT AS TO THE PURPOSE OF THIS LAW IS CONTAINED IN SENATE REPORT NO. 1944, 83D CONGRESS. THE CONDITIONS OF SUCH ENTITLEMENT ARE THAT THE TOUR OF DUTY BE COMPLETED AND THAT A NEW AGREEMENT FOR ANOTHER TOUR OF DUTY BE ENTERED INTO BEFORE DEPARTING FROM THE OVERSEAS POST. IN THE INSTANT CASE, THE HOME LEAVE HAD BEEN APPROVED BUT THE EMPLOYEE THROUGH AN OVERSIGHT FAILED TO SIGN A NEW EMPLOYMENT AGREEMENT BEFORE HIS DEPARTURE FROM HIS OVERSEAS POST OF DUTY FOR HOME LEAVE. THE CIRCUMSTANCES, REIMBURSEMENT MAY BE MADE PURSUANT TO THE PROVISIONS OF PUBLIC LAW 737, PROVIDED THE EMPLOYEE ENTERS INTO A NEW EMPLOYMENT AGREEMENT TO SERVE A SPECIFIED PERIOD OF DUTY OVERSEAS BEGINNING UPON DATE OF RETURN TO DUTY AFTER LEAVE WAS TAKEN, AS AGREED.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.