Entitlement to Transportation, Living Quarters, and Foreign Post Allowances

An employee of the Department of the Navy appealed the denial of his claim for entitlement to transportation, living quarters, and foreign post allowances. The employee traveled to Vietnam at his own expense after receiving a letter from a Government official advising him that he might obtain a position there and that he would probably be reimbursed for his expenses if he was hired. The employee claimed that the letter constituted an offer of employment. He also requested a waiver of the regulation which does not allow reimbursement of costs for transportation, living quarters, and foreign post allowances for local hires. In addition, the employee contended that after a return trip to the United States for hospitalization, his return to his post in Vietnam at Government expense was tantamount to recruitment in the United States. It was held that since he did not have a break in service, rather the round trip was performed at Government expense under temporary duty orders, there was no evidence that the determination of the Navy not to grant a waiver of regulation was arbitrary or capricious. Therefore, the Navy's determination was not questioned. Also, the letter which stated that the employee might be reimbursed for expenses incurred prior to his employment was unauthorized, and the Government is not bound by the unauthorized acts of its agents. Accordingly, the previous disallowance of the claim was sustained.