B-157773, OCT. 15, 1965

B-157773, OCT. 15, 1965

TO MR. WALTER H. SPRAGUE:

YOUR LETTER OF SEPTEMBER 16, 1965, REQUESTS RECONSIDERATION OF OUR CLAIMS DIVISION SETTLEMENT OF AUGUST 27, 1965, DENYING YOUR CLAIM FOR THE COST OF TRANSPORTATION FROM RIVERSIDE, CALIFORNIA, TO NORTHEAST CAPE AFS,ALASKA, AND RETURN TO CALIFORNIA, INCIDENT TO YOUR EMPLOYMENT AS A STEAMFITTER BY THE AIR FORCE AT NORTHEAST CAPE AFS, ALASKA, FROM NOVEMBER 5, 1962, THROUGH MARCH 25, 1963, UNDER THE TERMS OF AN AIR FORCE TRANSPORTATION AGREEMENT WHICH SPECIFIED A ONE-YEAR MINIMUM PERIOD OF SERVICE AS A CONDITION FOR TRANSPORTATION AT GOVERNMENT EXPENSE.

YOU INDICATE THAT YOU RESIGNED FROM YOUR POSITION PRIOR TO COMPLETION OF THE ONE-YEAR AGREED PERIOD OF SERVICE BECAUSE OF INADEQUATE LIVING CONDITIONS. YOU PROMPTLY REIMBURSED THE GOVERNMENT FOR THE COST OF TRANSPORTATION TO ALASKA AND RETURNED TO CALIFORNIA AT YOUR OWN EXPENSE. HOWEVER, YOU NOW SEEK RETURN OF THE MONEY YOU REIMBURSED THE GOVERNMENT PLUS THE COST OF YOUR RETURN TRIP, ASSERTING THAT LIVING CONDITIONS AT NORTHEAST CAPE AFS, ALASKA, WERE SUCH THAT YOU FELT IMPELLED TO RESIGN BEFORE THE EXPIRATION OF ONE YEAR AND, THEREFORE, YOU ARE NOT GUILTY OF BREACHING YOUR TRANSPORTATION AGREEMENT WITH THE AIR FORCE.

THE OFFICER WHO INVESTIGATED YOUR COMPLAINTS AT NORTHEAST CAPE, STEVENSON E. KEMP, FIRST LIEUTENANT, USAF, FOUND THAT A SHORTAGE OF SPACE PREVENTED GRANTING YOUR REQUEST FOR A PRIVATE ROOM, BUT THAT LIVING CONDITIONS OTHERWISE WERE SUITABLE UNDER THE CIRCUMSTANCES. HE VERIFIES THIS CONCLUSION WITH STATEMENTS BY CIVILIAN EMPLOYEES, ONE OF WHOM FOUND "LIVING QUARTERS HIGHLY SATISFACTORY" AT NORTHEAST CAPE.

UNDER THE LAW AND REGULATIONS, IN ORDER FOR AN EMPLOYEE TO BE ENTITLED TO TRANSPORTATION COSTS FROM THE GOVERNMENT FOR HIS RETURN TO HOME PRIOR TO COMPLETION OF AN AGREED PERIOD OF SERVICE MUST BE FOR REASONS ACCEPTABLE TO THE DEPARTMENT CONCERNED. WE NOTE THAT UNDER DEPARTMENT OF THE AIR FORCE REGULATION AFM-40-10H, CHAPTER 4, PARAGRAPH 21, ENTITLED "ACCEPTABLE REASONS FOR RETURN DURING AGREED EMPLOYMENT PERIOD," THAT CONDITIONS RESULTING IN ILL HEALTH MAY BE ACCEPTED AS A BASIS FOR THE RETURN OF AN EMPLOYEE TO HIS HOME PRIOR TO COMPLETION OF HIS AGREED PERIOD OF SERVICE. HOWEVER, IT APPEARS THAT IN YOUR CASE THE RESPONSIBLE OFFICIAL, ON THE SCENE AT THE TIME IN QUESTION, DID NOT AGREE WITH YOUR CONTENTION THAT CONDITIONS WERE SUCH THAT IT WAS UNREASONABLE FOR YOU TO REMAIN AT NORTHEAST CAPE, ALASKA.

UNDER THE CIRCUMSTANCES AS WELL AS THE WORDING OF THE LAW AND REGULATIONS WE HAVE NO ALTERNATIVE BUT TO ACCEPT THE DETERMINATION OF THE DEPARTMENT OF THE AIR FORCE IN THE MATTER. ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM MUST BE SUSTAINED.