B-153283, APR. 1, 1964

B-153283, APR. 1, 1964

TO MR. MAURICE F. ROW, AUTHORIZED CERTIFYING OFFICER, FEDERAL BUREAU OF INVESTIGATION:

YOUR LETTER OF JANUARY 15, 1964, SUPPLEMENTED BY YOUR LETTER OF MARCH 11, 1964, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE ENCLOSED TRAVEL VOUCHER FOR $208 IN FAVOR OF JOHN E. PEYTON, ANCHORAGE, ALASKA, PURSUANT TO PUB.L. 737, APPROVED AUGUST 31, 1954, 68 STAT. 1008, WHICH CONSTITUTES THE THIRD PROVISO OF 5 U.S.C. 73B-3 (A).

MR. PEYTON'S STATEMENT ON THE VOUCHER IS THAT HIS DEPENDENT SON, JOHN E. PEYTON, JR., IS A FULL-TIME STUDENT AT SEATTLE UNIVERSITY AND, FOR PURPOSES OF "HOLIDAY LEAVE WITH HIS PARENTS" AT THEIR ANCHORAGE DOMICILE, THE SON TRAVELED FROM SEATTLE TO ANCHORAGE ON DECEMBER 20, 1963, AND RETURNED TO SEATTLE ON JANUARY 6, 1964. THE BASIS STATED BY MR. PEYTON IN SUPPORT OF HIS REQUEST FOR REIMBURSEMENT FOR THE $208, WHICH IS EVIDENCED BY PACIFIC NORTHERN AIRLINES PASSENGER RECEIPT NO. R.T. 2-9558, IS AS FOLLOWS:

"PAYEE SIGNED A ONE YEAR CONTRACT TO REMAIN AT HIS POST IN ALASKA ON 7/21/63, ENTITLING HIM AND HIS FAMILY TO RETURN TO HIS HOME LEAVE POINT, SAN DIEGO, CALIFORNIA, AND BACK TO ANCHORAGE, ALASKA AT GOVERNMENT EXPENSE UNDER PUBLIC LAW 737. THIS PRIVILEGE, HOWEVER, HAS NOT BEEN EXERCISED.

"IN LIEU OF PAYMENT OF THE ABOVE DESCRIBED TRAVEL OF SON, JOHN E. PEYTON, JR., THE PAYEE HEREWITH WAIVES ALL RIGHTS AND PRIVILEGES UNDER PUBLIC LAW 737 FOR HIMSELF AND ALL OTHER MEMBERS OF HIS FAMILY DURING THE CURRENT CONTRACT PERIOD, 7/21/63 TO 7/21/64, THEREBY EFFECTING A CONSIDERABLE SAVINGS TO THE GOVERNMENT.'

ON THE FACE OF THE VOUCHER MR. PEYTON CITES ATTORNEY GENERAL'S ORDER NO. 271-62, EFFECTIVE JUNE 1, 1962--- PUBLISHED AT 27 F.R. 5162 (28 CFR, PART O/--- AS THE APPLICABLE TRAVEL AUTHORITY. YOU HAVE EXPLAINED TO US THAT, PURSUANT TO THE DELEGATED AUTHORITY OF SAID ORDER NO. 271 62, PARTICULARLY SUBSECTION 0.142 (D) WHICH IMPLEMENTS SECTIONS 1 AND 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C.73B-1 AND 73B-3, THE FEDERAL BUREAU OF INVESTIGATION POLICY AND PROCEDURE REQUIRE THE ISSUANCE OF SPECIFIC, INDIVIDUAL WRITTEN AUTHORIZATIONS UNDER EITHER OR BOTH SAID SECTIONS OF THE 1946 ACT AND PARTICULARLY (1) FOR ANY EMPLOYEE'S TRAVEL AT GOVERNMENT EXPENSE BETWEEN HIS OVERSEAS POST OF DUTY AND PLACE OF RESIDENCE IN THE CONTINENTAL UNITED STATES AND (2) FOR TRANSPORTATION AT GOVERNMENT EXPENSE OF MEMBERS OF HIS IMMEDIATE FAMILY AS DEFINED IN SECTION 1.2D OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, EFFECTIVE JUNE 1, 1962.

IN THAT REGARD ALSO, YOUR LETTER OF MARCH 11, 1964, EXPLAINED TO US THE SERIES OF RENEWAL AGREEMENTS WITH MR. PEYTON AND THE ACTUAL TRAVEL WHICH WAS PERFORMED FOR SO-CALLED HOME LEAVE PURPOSES IN 1958 AND IN 1962, SUBSEQUENT TO THE TIME HE TRANSFERRED TO ANCHORAGE IN 1956. YOU SAY HE AGAIN BECAME ELIGIBLE FOR LEAVE TRAVEL ON JULY 21, 1963, AND IN THAT CONNECTION HE SIGNED A NEW AGREEMENT FOR A MINIMUM ONE-YEAR TOUR; HOWEVER, THE RECORD DOES NOT SHOW THAT EITHER HE OR ANY MEMBERS OF HIS IMMEDIATE FAMILY PERFORMED ANY TRAVEL TO THEIR PLACE OF RESIDENCE IN SAN DIEGO, CALIFORNIA, SINCE THE TRIP IN 1962. IT APPEARS TO BE IN CONNECTION WITH THE ELIGIBILITY ACQUIRED ON JULY 21, 1963, THAT MR. PEYTON IS CLAIMING THE ABOVE COST OF TRAVEL BY HIS SON, JOHN, JR., WHO AT THE TIME OF SUCH TRAVEL WAS 20 YEARS OF AGE (DATE OF BIRTH AUGUST 14, 1943).

WE NOTE MR. PEYTON'S COMMENT CONCERNING SAVINGS TO THE GOVERNMENT; HOWEVER, THE MATTER SHOULD BE DISPOSED OF IN ACCORDANCE WITH THE ELIGIBILITY ACQUIRED BY HIM ON JULY 21, 1963. IN THAT REGARD, IN 35 COMP. GEN. 101, WE HELD THAT AN EMPLOYEE WHO HAS ACQUIRED ELIGIBILITY FOR RETURN TRANSPORTATION BY REASON OF HIS COMPLETION OF AN AGREED-TO PERIOD OF OVERSEAS SERVICE IS ENTITLED TO ONE-WAY TRANSPORTATION FOR MEMBERS OF HIS IMMEDIATE FAMILY WHO RETURN TO HIS RESIDENCE IN THE UNITED STATES UNACCOMPANIED BY HIM. HOWEVER, SUCH MEMBERS MAY NOT, AT GOVERNMENT EXPENSE, RETURN TO THE OVERSEAS POST EXCEPT INCIDENT TO ACTUAL ROUND-TRIP LEAVE TRAVEL BY THE EMPLOYEE. ALSO, SEE 36 COMP. GEN. 10 AND THE ENCLOSED COPY OF OUR DECISION OF MARCH 17, 1961, B 137605.

THEREFORE, IF ADMINISTRATIVELY APPROVED, AND OTHERWISE CORRECT, THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT ONLY IN THE AMOUNT OF $104 WHICH REPRESENTS THE JET COACH ONE-WAY FARE VIA NORTHERN PACIFIC AIRLINES' FLIGHT NO. 726 WHICH THE DEPENDENT SON USED FOR HIS TRAVEL, BEGINNING JANUARY 5, 1964, AT 10:40 P.M., FROM ANCHORAGE TO SEATTLE.