B-175019, MAR 6, 1972

B-175019, MAR 6, 1972

CIVILIAN EMPLOYEE - DEPENDENT TRAVEL - REIMBURSEMENT CONCERNING THE ENTITLEMENT OF RADO J. KINZHUBER TO REIMBURSEMENT OF DEPENDENT TRAVEL EXPENSES INCIDENT TO HIS CHANGE OF DUTY STATION AS AN EMPLOYEE OF THE FOREIGN AGRICULTURAL SERVICE, DEPARTMENT OF AGRICULTURE. THE TRAVEL OF MR. KINZHUBER'S FATHER FROM LAGOS, NIGERIA TO THE UNITED STATES, IN LIEU OF ACCOMPANYING HIS SON TO HAMBURG, GERMANY, MAY BE REIMBURSED IN AN AMOUNT NOT IN EXCESS OF THE CONSTRUCTIVE COST OF TRAVEL FROM LAGOS TO HAMBURG. WITH REGARD TO THE FATHER'S RETURN FROM HAMBURG TO THE UNITED STATES IN AUGUST, 1971, THE OMISSION OF THE DEPENDENT'S NAME FROM FORM JF-20 DOES NOT PRECLUDE PAYMENT SINCE THE LISTING ONLY HAS REFERENCE TO THOSE DEPENDENTS WHO ARE TO RESIDE ABROAD WITH THE EMPLOYEE AFTER HIS ASSIGNMENT IN THE UNITED STATES IS COMPLETED. HOWEVER, IN VIEW OF THE SHORT PERIOD OF TIME FOR WHICH MR. KINZHUBER'S FATHER RESIDED IN GERMANY PRIOR TO HIS FINAL RETURN TO THE UNITED STATES, IF IT IS DETERMINED THAT THE FATHER'S TRIP WAS PRIMARILY FOR THE PURPOSES OF VISITING THAT COUNTRY AND NOT BECAUSE OF HEALTH OR OTHER REASONS, REIMBURSEMENT MAY NOT BE ALLOWED.

TO MISS SALLY N. CROSS:

REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 20, 1972, WITH ENCLOSURES, MAKING INQUIRY AS TO WHETHER THE ENCLOSED VOUCHER IN THE AMOUNT OF $616.70 IN FAVOR OF MR. RADO J. KINZHUBER, AN EMPLOYEE OF THE FOREIGN AGRICULTURAL SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE, MAY BE CERTIFIED FOR PAYMENT IN VIEW OF THE CIRCUMSTANCES HEREINAFTER DESCRIBED.

AS STATED IN YOUR LETTER, THE RECORD SHOWS THAT:

"MR. KINZHUBER WAS ASSIGNED TO LAGOS, NIGERIA AS AGRICULTURAL ATTACHE IN MAY 1965. TRAVEL AUTHORIZATION NO. 860-67 DATED JULY 14, 1967 *** AUTHORIZED TRAVEL FROM LAGOS, NIGERIA TO WASHINGTON, D.C. AND RETURN FOR THE PURPOSE OF TAKING HOME LEAVE. AMENDMENT NO. 2 DATED JULY 14, 1967, TO TRAVEL AUTHORIZATION NO. 860-67 AUTHORIZED TRAVEL FROM WASHINGTON, D.C. TO LAGOS, NIGERIA FOR DEPENDENT FATHER EMIL L. KINZHUBER. IN AUGUST 1969 MR. KINZHUBER'S OFFICIAL STATION WAS CHANGED FROM LAGOS, NIGERIA TO HAMBURG, GERMANY. TRAVEL AUTHORIZATION NO. 16 70 *** DATED JULY 14, 1969 AUTHORIZED THIS TRANSFER. MR. KINZHUBER'S FATHER WAS INCLUDED IN THIS TRANSFER ORDER BUT TRAVELED TO THE UNITED STATES INSTEAD OF HAMBURG, AT MR. KINZHUBER'S EXPENSE. IN MAY 1971 HE TRAVELED TO HAMBURG, GERMANY AND RESIDED UNTIL AUGUST, WHEN HE RETURNED TO THE UNITED STATES. BOTH TRIPS WERE AT MR. KINZHUBER'S EXPENSE. TRAVEL AUTHORIZATION NO. 13-72 *** DATED JUNE 4, 1971 AUTHORIZED TRAVEL FOR MR. KINZHUBER AND DEPENDENTS INCLUDING HIS FATHER FROM HAMBURG, GERMANY TO WASHINGTON, D.C., WHERE MR. KINZHUBER IS NOW ASSIGNED. FORM JF-20, RESIDENCE AND DEPENDENCY REPORT *** LISTING DEPENDENTS WHO RESIDED ABROAD AND WHO WILL TRAVEL AT GOVERNMENT EXPENSE WAS SUBMITTED JULY 15, 1971. AT THIS TIME, HIS FATHER WAS NOT LISTED ON FORM JF-20."

REFERRING TO THAT PORTION OF THE CLAIM CONCERNING THE TRAVEL OF MR. KINZHUBER'S FATHER FROM LAGOS, NIGERIA, TO THE UNITED STATES, WE BELIEVE REIMBURSEMENT SHOULD BE RELATED TO THE SON'S TRANSFER FROM LAGOS, NIGERIA, TO HAMBURG, GERMANY, RATHER THAN BEING RELATED TO THE SON'S ELIGIBILITY FOR HOME LEAVE. ON THAT BASIS (AND AS CLAIMED), NO AMOUNT WOULD BE ALLOWABLE IN EXCESS OF THE CONSTRUCTIVE COST FROM LAGOS TO HAMBURG.

AS TO RETURN EXPENSES OF THE FATHER FROM HAMBURG, GERMANY, TO WASHINGTON, D.C., IN AUGUST 1971, YOU INDICATE DOUBT AS TO WHETHER SUCH EXPENSES SHOULD BE CHARGEABLE TO THE UNITED STATES SINCE MR. KINZHUBER'S FATHER ONLY RESIDED IN HAMBURG FROM MAY TO AUGUST 1971.

WITH REGARD TO THE OMISSION OF THE ELDER KINZHUBER FROM THE FORM JF 20, IT IS OUR VIEW THAT SUCH OMISSION IS NOT TO BE REGARDED AS AN INDICATION THAT THE EMPLOYEE'S FATHER WAS NOT ELIGIBLE FOR TRAVEL EXPENSES FROM HAMBURG, GERMANY, TO THE UNITED STATES. RATHER, WE VIEW SUCH FORM AS LISTING THOSE DEPENDENTS OF THE EMPLOYEE WHO WOULD RESIDE WITH HIM ABROAD AFTER HIS ASSIGNMENT IN THE UNITED STATES WAS COMPLETED.

WE ASSUME THE FATHER WAS STILL A DEPENDENT OF HIS SON WHEN HE TRAVELED TO HAMBURG AND THEN BACK TO THE UNITED STATES IN MAY AND AUGUST 1971. HOWEVER, SINCE THE EMPLOYEE'S FATHER REJOINED HIS SON IN GERMANY JUST SHORTLY BEFORE THE TRAVEL AUTHORIZATION OF JUNE 4, 1971, WAS ISSUED, IT IS POSSIBLE THAT THE ELDER KINZHUBER'S TRIP TO GERMANY WAS PRIMARILY FOR THE PURPOSE OF VISITING GERMANY. IF THAT BE SO THEN THE TRANSPORTATION BACK TO THE UNITED STATES WOULD NOT BE ALLOWABLE. ON THE OTHER HAND, IF IT WAS NECESSARY THAT THE FATHER JOIN HIS SON BECAUSE OF HEALTH OR OTHER REASONS NOT RELATED TO VISITATION OR PLEASURE, THEN PAYMENT COULD BE PROPERLY MADE. SEE B-129962, JANUARY 4, 1957.

THE VOUCHER, WITH RELATED PAPERS, IS RETURNED HEREWITH FOR HANDLING IN ACCORDANCE WITH THE ABOVE.