B-156524, MAY 20, 1965

B-156524, MAY 20, 1965

TO MISS CLEA HARWICK, ANCHORAGE, ALASKA:

THIS REFERS TO YOUR LETTER OF MARCH 23, 1965, FILE AL-26, CONCERNING THE CLAIM OF GLENN D. DAVIS FOR $96.23 REPRESENTING TRAVEL EXPENSES INCURRED FOR HIMSELF AND WIFE AND FOR TRANSPORTATION OF HIS HOUSEHOLD EFFECTS INCIDENT TO HIS SEPARATION BY RETIREMENT FROM THE FEDERAL AVIATION SERVICE.

YOU SAY THAT MR. DAVIS' LAST DUTY STATION WAS AT GUSTAVUS, ALASKA, BUT HIS RESIDENCE OF RECORD WAS MULLAN, IDAHO, AND THAT HERETOFORE HE EXERCISED VACATION (HOME LEAVE) RIGHTS TO THAT PLACE IN 1958, 1960 AND 1962. HOWEVER, HE ELECTED TO REMAIN IN ALASKA UPON COMPLETION OF HIS SERVICE RATHER THAN RETURN TO CONTINENTAL UNITED STATES AND, HAVING MOVED FROM GUSTAVUS TO JUNEAU, MR. DAVIS HAS FILED THE ABOVE CLAIM FOR THE COSTS THEREOF IN LIEU OF SUCH COSTS FROM GUSTAVUS TO MULLAN, IDAHO.

THE RIGHT OF GOVERNMENT EMPLOYEES WHO HAVE BEEN SEPARATED FROM SERVICE OUTSIDE THE CONTINENTAL UNITED STATES TO RETURN TRAVEL AND TRANSPORTATION TO THE UNITED STATES IN PROPER CIRCUMSTANCES IS GRANTED BY SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 808, AS AMENDED, 5 U.S.C. 73B-3. SECTION 7 PROVIDES IN PART AS FOLLOWS:

"/A) APPROPRIATIONS FOR THE DEPARTMENTS SHALL BE AVAILABLE, IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT, FOR EXPENSES OF TRAVEL OF NEW APPOINTEES, EXPENSES OF TRANSPORTATION OF THEIR IMMEDIATE FAMILIES AND EXPENSES OF TRANSPORTATION OF THEIR HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM PLACES OF ACTUAL RESIDENCE AT TIME OF APPOINTMENT TO PLACES OF EMPLOYMENT OUTSIDE CONTINENTAL UNITED STATES, AND FOR SUCH EXPENSES ON RETURN OF EMPLOYEES FROM THEIR POSTS OF DUTY OUTSIDE CONTINENTAL UNITED STATES TO THE PLACES OF THEIR ACTUAL RESIDENCE AT TIME OF ASSIGNMENT TO DUTY OUTSIDE THE UNITED STATES * * *"

THE ACT ALSO PROVIDES (SEE 5 U.S.C. 73B-4) THAT THE WORDS "CONTINENTAL UNITED STATES" AS USED THEREIN SHALL BE CONSTRUED TO MEAN THE 48 STATES AND THE DISTRICT OF COLUMBIA. THUS, WHILE THE ACT MAKES PROVISION UNDER THE CONDITIONS STATED THEREIN FOR PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES TO PLACES OUTSIDE CONTINENTAL UNITED STATES AND FOR RETURN THEREFROM UPON SEPARATION TO THE PLACES OF ACTUAL RESIDENCE, IT DOES NOT AUTHORIZE PAYMENT FOR TRAVEL AND TRANSPORTATION COSTS BETWEEN POINTS OUTSIDE CONTINENTAL UNITED STATES WHERE THE EMPLOYEE, UPON SEPARATION FROM SERVICE, ELECTS TO SO REMAIN RATHER THAN RETURN TO HIS PLACE OF RESIDENCE AT THE TIME OF EMPLOYMENT. SEE 27 COMP. GEN. 509; 31 ID. 389; 38 ID. 447.

THEREFORE, THE VOUCHER, WHICH IS RETURNED, MAY NOT BE CERTIFIED FOR PAYMENT.