B-181964, DEC 4, 1974

B-181964, DEC 4, 1974

WHEN AN EMPLOYEE SIGNS A TRANSPORTATION AGREEMENT TO SERVE AT A DUTY STATION OVERSEAS FOR A PERIOD OF 36 MONTHS WHICH OBLIGATES THE GOVERNMENT TO PAY HIS TRANSPORTATION EXPENSES TO HIS NEW DUTY STATION AND HE SUBSEQUENTLY DECIDES TO TRANSFER BACK TO HIS ORIGINAL STATION IN THE SAME DEPARTMENT, WITHIN 12 MONTHS, HE WILL NOT BE OBLIGATED TO PAY FOR TRANSPORTATION EXPENSES IF HE REMAINS IN THE SERVICE OF THE SAME DEPARTMENT FOR THE PERIOD OF HIS ORIGINAL EMPLOYMENT AGREEMENT.

DONALD E. BOUCHER - TRAVEL AND TRANSPORTATION EXPENSES - VIOLATION OF EMPLOYMENT AGREEMENT:

MR. EARL A. GLAZIER, A CIVILIAN PERSONNEL OFFICER OF THE DEPARTMENT OF THE AIR FORCE, HAS REQUESTED AN ADVANCE DECISION AS TO WHETHER MR. DONALD E. BOUCHER, A CIVILIAN EMPLOYEE OF THE AIR FORCE, WOULD BE INDEBTED TO THE GOVERNMENT FOR TRAVEL AND TRANSPORTATION EXPENSES UNDER THE FOLLOWING CIRCUMSTANCES.

THE RECORD INDICATES THAT MR. BOUCHER TRANSFERRED FROM MCCLELLAN AFB, CALIFORNIA, TO EIELSON AFB, ALASKA, AT GOVERNMENT EXPENSE. PRIOR TO HIS DEPARTURE ON JANUARY 12, 1974, MR. BOUCHER SIGNED A 36-MONTH TRANSPORTATION AGREEMENT. MR. BOUCHER TERMINATED HIS EMPLOYMENT ON JUNE 24, 1974, AT EIELSON AFB, PRIOR TO THE COMPLETION OF 12 MONTHS OF SERVICE AT THIS INSTALLATION BY TRANSFERRING BACK TO MCCLELLAN AFB, AT HIS OWN EXPENSE.

THE TRAVEL AND TRANSPORTATION ALLOWANCES OF CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE ARE GOVERNED BY VOLUME 2 OF THE JOINT TRAVEL REGULATIONS. PARAGRAPH C11007-3 OF THE JTR PROVIDES IN PART AS FOLLOWS:

"A. FAILURE TO MEET SERVICE REQUIREMENT. AN EMPLOYEE ASSIGNED OR APPOINTED TO AN OVERSEAS PERMANENT DUTY STATION UNDER AN AGREEMENT PROVIDING FOR TRANSPORTATION AT GOVERNMENT EXPENSE, WHO FAILS TO MEET THE PERIOD OF SERVICE REQUIREMENT IN A SIGNED AGREEMENT, WILL BE INDEBTED TO THE GOVERNMENT FOR THE EXPENSE OF TRAVEL, TRANSPORTATION, AND RELATED ALLOWANCES PROVIDED, OR WILL NOT BE AUTHORIZED TRANSPORTATION AT GOVERNMENT EXPENSE, UNLESS FAILURE TO COMPLY WITH THE REQUIREMENT IS FOR REASONS BEYOND HIS CONTROL WHICH ARE ACCEPTABLE TO THE AGENCY CONCERNED.

"B. "VIOLATION DURING FIRST YEAR OF SERVICE UNDER INITIAL AGREEMENT. EMPLOYEE WHO FOR REASONS UNACCEPTABLE TO THE AGENCY CONCERNED FAILS TO COMPLETE THE MINIMUM FIRST YEAR OF OVERSEAS ASSIGNMENT UNDER AN INITIAL AGREEMENT IS INDEBTED TO THE GOVERNMENT FOR THE EXPENSE OF TRAVEL, TRANSPORTATION, AND RELATED ALLOWANCES PROVIDED, FROM POINT OF TRANSFER, OR PLACE OF RESIDENCE TO THE OVERSEAS PERMANENT DUTY STATION. TRANSPORTATION EXPENSES INCLUDE THE TRANSPORTATION FROM THE OLD TO THE NEW OVERSEAS DUTY STATION OF THE EMPLOYEE AND ANY OF THE MEMBERS OF HIS IMMEDIATE FAMILY; THE TRANSPORTATION OF HIS HOUSEHOLD GOODS, INCLUDING THE PACKING, CRATING, DRAYAGE, UNPACKING, AND TEMPORARY STORAGE, IF INVOLVED; AND THE SHIPMENT OF HIS PRIVATELY OWNED MOTOR VEHICLE AT GOVERNMENT EXPENSE, IF INVOLVED. TRANSPORTATION EXPENSES ALSO INCLUDE PER DIEM BUT NOT PAY FOR TRAVEL TIME."

FAILURE TO COMPLY WITH THE SERVICE REQUIREMENT SPECIFIED IN A TRANSPORTATION AGREEMENT IN CONNECTION WITH AN OVERSEAS ASSIGNMENT OR APPOINTMENT IS CLEARLY A VIOLATION OF SUCH AGREEMENT, ACCORDING TO THE ABOVE SECTION, AND GIVES RISE TO THE PENALTIES AND INDEBTEDNESS CONDITIONS PRESCRIBED BY CHAPTER 11. WHILE AT FIRST GLANCE THE SECTION APPEARS TO DESCRIBE MR. BOUCHER'S SITUATION, HE IS NEVERTHELESS SAVED BY THE PROVISIONS OF PARAGRAPH C4008 OF THE JTR WHICH PROVIDES IN PERTINENT PART:

"TRANSFERS FROM ONE DUTY STATION TO ANOTHER WHILE SERVING UNDER A CURRENT AGREEMENT WITHIN THE SAME MILITARY DEPARTMENT OR AGENCY, EVEN THOUGH A NEW AGREEMENT IS SIGNED IN CONNECTION WITH SUCH TRANSFER IS NOT AN AGREEMENT VIOLATION."

SINCE MR. BOUCHER TRANSFERRED TO ANOTHER AIR FORCE BASE WHICH IS, OF COURSE, STILL WITHIN THE SAME MILITARY DEPARTMENT, HIS TRANSFER MAY NOT BE CONSIDERED A VIOLATION OF HIS AGREEMENT. MR. BOUCHER MAY THEREFORE BE RELIEVED OF ANY OBLIGATION UNDER HIS INITIAL TRANSPORTATION AGREEMENT, PROVIDED THAT HE COMPLIES WITH THE TERMS OF HIS CURRENT AGREEMENT WHILE SERVING AT HIS PRESENT DUTY STATION AT MCCLELLAN AIR FORCE BASE.