B-170161, SEP. 23, 1970
Highlights
WHOSE DEPENDENTS WERE RELOCATED TO CALIFORNIA. BECAUSE THEY WERE NOT AUTHORIZED TO TRAVEL WITH HIM AT THAT TIME. SINCE THE TRANSFER WAS NOT CONSIDERED FULLY CONSUMMATED UNTIL THE BAN WAS LIFTED TO PERMIT HIS DEPENDENTS TO JOIN HIM IN KOREA. SIMMS WAS TRANSFERRED FROM HEADQUARTERS USARPAC (HAWAII) TO THE EIGHTH ARMY (KOREA) IN JANUARY 1961 UNDER AN AGREEMENT FOR 12 MONTHS' SERVICE WHICH WAS EXTENDED UNTIL CONVERTED TO A 24-MONTH AGREEMENT ON OCTOBER 11. IN 1961 AS HIS DEPENDENTS WERE NOT AUTHORIZED TO ACCOMPANY HIM TO KOREA. THEY WERE RELOCATED TO CALIFORNIA. HE WAS PAID SEPARATE MAINTENANCE ALLOWANCE (SMA) WHICH CONTINUED. SUCH RELOCATION ACTION IN 1961 APPARENTLY WAS TAKEN UNDER THE LAW AND REGULATIONS CONCERNING EMPLOYEES ASSIGNED TO DANGER AREAS.
B-170161, SEP. 23, 1970
TRANSFERS - MISCELLANEOUS ALLOWANCE - RELOCATION DECISION TO FINANCE OFFICER AUTHORIZING VOUCHER CERTIFICATION FOR MISCELLANEOUS EXPENSES, INCIDENT TO EMPLOYEE'S TRANSFER FROM HAWAII TO KOREA, 1961. EMPLOYEE, WHO INCIDENT TO TRANSFER TO KOREA, 1961 A DANGEROUS AREA UNDER ONE YEAR SERVICE AGREEMENT, AND WHOSE DEPENDENTS WERE RELOCATED TO CALIFORNIA, BECAUSE THEY WERE NOT AUTHORIZED TO TRAVEL WITH HIM AT THAT TIME, MAY NOW SINCE EMPLOYEE HAS HAD A CONTINUOUS EXTENSION OF THE SERVICE AGREEMENT, AND FAMILY HAS JOINED HIM, BE REIMBURSED THE EXPENSES UNDER THE SAME LAW AND REGULATIONS THAT PRECLUDED MOVEMENT OF DEPENDENTS AND HOUSEHOLD EFFECTS, SINCE THE TRANSFER WAS NOT CONSIDERED FULLY CONSUMMATED UNTIL THE BAN WAS LIFTED TO PERMIT HIS DEPENDENTS TO JOIN HIM IN KOREA.
TO LIEUTENANT COLONEL W. B. GATRELL:
YOUR LETTER OF OCTOBER 27, 1969, WITH ENCLOSURES, REFERENCE EAGC-FI, TRANSMITTED HERE ON JULY 13, 1970, UNDER PDTATAC CONTROL NO. 70-2, REQUESTS OUR ADVANCE DECISION AS TO WHETHER YOU MAY PROPERLY PAY THE ENCLOSED VOUCHER IN THE AMOUNT OF $200 REPRESENTING MISCELLANEOUS EXPENSES ALLOWANCE CLAIMED BY MR. GORDON D. SIMMS UNDER THE PROVISIONS OF 5 U.S.C. 5724AB), AND SECTION 3 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966. ALSO WE NOTE THE PROVISIONS CONTAINED IN PARAGRAPHS C 8302, C 10013 AND C 10014 OF JOINT TRAVEL REGULATIONS (JTR) VOLUME 2.
THE RECORD INDICATES THAT MR. SIMMS WAS TRANSFERRED FROM HEADQUARTERS USARPAC (HAWAII) TO THE EIGHTH ARMY (KOREA) IN JANUARY 1961 UNDER AN AGREEMENT FOR 12 MONTHS' SERVICE WHICH WAS EXTENDED UNTIL CONVERTED TO A 24-MONTH AGREEMENT ON OCTOBER 11, 1968. IN 1961 AS HIS DEPENDENTS WERE NOT AUTHORIZED TO ACCOMPANY HIM TO KOREA, THEY WERE RELOCATED TO CALIFORNIA. HE WAS PAID SEPARATE MAINTENANCE ALLOWANCE (SMA) WHICH CONTINUED, PRESUMABLY, UNTIL SOMETIME IN 1969. SUCH RELOCATION ACTION IN 1961 APPARENTLY WAS TAKEN UNDER THE LAW AND REGULATIONS CONCERNING EMPLOYEES ASSIGNED TO DANGER AREAS, SUCH AS THE ACT OF SEPTEMBER 23, 1950, 64 STAT. 985, 5 U.S.C. 73B-1(D) (NOW CONTAINED IN 5 U.S.C. 5725).
OUR VIEW IS THAT SINCE THE EMPLOYEE WAS PRECLUDED FROM MOVING HIS DEPENDENTS AND HOUSEHOLD EFFECTS TO KOREA UNTIL 1968, HE IS ENTITLED TO REIMBURSEMENT OF THEIR EXPENSES UNDER THE LAW AND REGULATIONS IN EFFECT AT THAT TIME. IN OTHER WORDS, IT MAY BE SAID THAT HIS TRANSFER WAS NOT FULLY CONSUMMATED UNTIL THE BAN WAS LIFTED SO AS TO PERMIT HIS DEPENDENTS TO BE WITH HIM IN KOREA. THE DECISIONS OF OUR OFFICE, SUCH AS B-160786, MARCH 8, 1967, TO THE EFFECT THAT THE RELOCATION BENEFITS PROVIDED BY PUBLIC LAW 89-516, APPROVED JULY 21, 1966, ARE APPLICABLE ONLY TO TRANSFERS EFFECTIVE AFTER THE DATE OF SUCH ACT, ARE NOT DEEMED APPLICABLE TO A SITUATION SUCH AS HERE INVOLVED.
ACCORDINGLY, THE VOUCHER IS RETURNED HEREWITH FOR PAYMENT IF OTHERWISE CORRECT.