B-117786, DECEMBER 7, 1953, 33 COMP. GEN. 252

B-117786, DECEMBER 7, 1953, 33 COMP. GEN. 252

TRANSPORTATION - AFTER-ACQUIRED DEPENDENTS - EMPLOYEES APPOINTED OR ASSIGNED TO DUTY OVERSEAS EMPLOYEE WHO ACQUIRED A WIFE WHILE SERVING OVERSEAS UNDER AN EMPLOYMENT CONTRACT AND WHO RETURNED TO THE UNITED STATES FOR SEPARATION FROM SERVICE UPON COMPLETION OF THE AGREED TOUR OF DUTY, IS ENTITLED TO WIFE'S TRANSPORTATION FROM THE OVERSEAS POST AT GOVERNMENT EXPENSE, IF ADMINISTRATIVELY APPROVED, NOTWITHSTANDING WIFE WAS ACQUIRED AFTER THE SIGNING OF THE EMPLOYMENT AGREEMENT. 30 COMP. GEN. 55, DISTINGUISHED.

COMPTROLLER GENERAL WARREN TO CHARLES P. KNAPP, DEPARTMENT OF THE INTERIOR, DECEMBER 7, 1953:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 5, 1953, REQUESTING AN ADVANCE DECISION ON THE VOUCHER THEREWITH TRANSMITTED COVERING THE CLAIM OF SHERMAN P. MORRISON FOR TRAVELING EXPENSES INCURRED IN RETURNING TO HIS RESIDENCE IN THE UNITED STATES FROM HIS POST OF DUTY, FAIRBANKS, ALASKA, INCLUDING THE COST OF TRANSPORTATION OF HIS WIFE. YOUR DOUBT IN THE MATTER RELATES TO THE EXPENSES OF TRANSPORTATION OF THE WIFE WHO WAS ACQUIRED BY THE CLAIMANT AFTER HIS ARRIVAL IN ALASKA.

YOUR SUBMISSION INDICATES THAT THE DECISION OF THIS OFFICE IN 30 COMP. GEN. 55, HAS BEEN INTERPRETED AS HOLDING THAT AN EMPLOYEE WHO RETURNS TO THE UNITED STATES FOR SEPARATION UPON COMPLETION OF AN AGREED TOUR OF DUTY CANNOT BE REIMBURSED FOR THE TRANSPORTATION TO THE UNITED STATES OF A WIFE ACQUIRED AFTER THE SIGNING OF AN EMPLOYMENT AGREEMENT. IN LINE WITH THAT VIEW, NO AUTHORIZATION WAS INCLUDED IN THE CLAIMANT'S TRAVEL ORDERS FOR HIS WIFE'S TRANSPORTATION TO THE UNITED STATES. HOWEVER, THE SAID DECISION DID NOT SO HOLD, BUT ONLY DENIED REIMBURSEMENT IN THAT CASE FOR THE TRANSPORTATION FROM THE UNITED STATES TO AN OVERSEAS STATION OF A WIFE ACQUIRED BY THE EMPLOYEE WHILE ON TEMPORARY DUTY IN THE UNITED STATES. UPON COMPLETION OF HIS EMPLOYMENT AGREEMENT TRAVEL ORDERS AUTHORIZING AN EMPLOYEE TO RETURN TO THE UNITED STATES FOR SEPARATION PROPERLY MAY INCLUDE AUTHORIZATION FOR THE TRANSPORTATION OF HIS WIFE NOTWITHSTANDING THAT THE WIFE WAS ACQUIRED AFTER SIGNING THE EMPLOYMENT AGREEMENT.

IN THE PRESENT CASE, THE TRANSPORTATION OF THE WIFE COMMENCED SEPTEMBER 5, 1953, PRIOR TO THE ISSUANCE OF ALASKA ROAD COMMISSION ORDER NO. 70 OF OCTOBER 2, 1953, PARAGRAPH 3 (A), OF WHICH PROVIDES, IN PART, THAT IF AN EMPLOYEE ACQUIRES A WIFE AND/OR FAMILY AFTER EXECUTION OF AN EMPLOYMENT AGREEMENT THE ALASKA ROAD COMMISSION WILL NOT PROVIDE TRANSPORTATION FOR HIS WIFE AND/OR FAMILY EITHER TO OR FROM ALASKA. WHILE AN AUTHORIZATION FOR TRANSPORTATION OF THE WIFE WAS NOT INCLUDED IN THE TRAVEL ORDERS TO MR. MORRISON, THE GENERAL ACCOUNTING OFFICE WILL NOT BE REQUIRED TO OBJECT TO REIMBURSEMENT OF THE EMPLOYEE FOR THE OTHERWISE PROPER TRANSPORTATION EXPENSES OF HIS WIFE, IF ADMINISTRATIVELY APPROVED FOR PAYMENT. ACTION ON THE VOUCHER WHICH TOGETHER WITH ACCOMPANYING PAPERS IS RETURNED HEREWITH, SHOULD BE TAKEN IN ACCORDANCE WITH THE ABOVE.