B-135143, MAR. 20, 1958

B-135143, MAR. 20, 1958

TO MR. EARL W. TREADWAY:

YOUR LETTER OF JANUARY 21, 1958, REQUESTS RECONSIDERATION OF OUR CERTIFICATE OF SETTLEMENT DATED NOVEMBER 20, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF TRAVELING EXPENSES OF YOURSELF, AND TRANSPORTATION OF YOUR DEPENDENTS AND YOUR PERSONAL EFFECTS FROM LOS ANGELES, CALIFORNIA, TO THE PANAMA CANAL ZONE.

THE RECORD SHOWS THAT YOU ACCEPTED AN APPOINTMENT WITH THE PANAMA CANAL COMPANY FOR A PERIOD OF APPROXIMATELY SIX MONTHS. THE AGREEMENT REGARDING TRANSPORTATION SIGNED BY YOU PROVIDES THAT "I WILL REMAIN IN THE SERVICE OF THE PANAMA CANAL COMPANY OR CANAL ZONE GOVERNMENT ON THE ISTHMUS OF PANAMA, FOR THE PERIOD (APPROXIMATELY SIX MONTHS) REQUIRED TO PERFORM THE DUTIES FOR WHICH I AM TEMPORARILY EMPLOYED, * * *.' PARAGRAPH (B) OF THE AGREEMENT IS AS FOLLOWS:

"/B) THAT IN CASE OF A VIOLATION OF THIS AGREEMENT, ANY MONEYS EXPENDED BY THE UNITED STATES ON ACCOUNT OF TRAVEL OR TRANSPORTATION RESULTING FROM MY EMPLOYMENT SHALL BE CONSIDERED A DEBT DUE BY ME TO THE UNITED STATES, AND THE PANAMA CANAL COMPANY OR CANAL ZONE GOVERNMENT IS AUTHORIZED TO WITHHOLD AND APPLY TO MY INDEBTEDNESS ANY MONEY THEN DUE TO ME FOR SERVICES OR LEAVE.'

BY AIR MAIL LETTER OF DECEMBER 19, 1955, TO YOU, YOU WERE NOTIFIED IN PARAGRAPH TWO AS FOLLOWS:

"SINCE YOUR APPOINTMENT IS FOR A TEMPORARY PERIOD, NOT TO EXCEED MAY 15, 1956, CURRENT LAWS AND REGULATIONS AUTHORIZE TRANSPORTATION FOR YOURSELF ONLY, AT GOVERNMENT EXPENSE. SHOULD YOUR FAMILY ACCOMPANY YOU, OR JOINT YOU AT A LATER DATE, THE COST OF THEIR TRANSPORTATION AND SHIPMENT OF YOUR HOUSEHOLD GOODS TO THE ISTHMUS AND RETURN TO THE UNITED STATES UPON COMPLETION OF YOUR TEMPORARY EMPLOYMENT, MUST BE AT YOUR EXPENSE AND CANNOT BE REIMBURSED.'

YOU ARRIVED IN THE CANAL ZONE JANUARY 5, 1956, WITH YOUR DEPENDENTS AND WERE REIMBURSED FOR YOUR TRAVELING EXPENSES IN THE AMOUNT OF $220.66. THE COST OF THE TRANSPORTATION OF YOUR DEPENDENTS WAS PAID BY YOU. THIRTY-ONE DAYS AFTER YOU REPORTED FOR DUTY IN THE CANAL ZONE YOU RESIGNED FROM THE PANAMA CANAL COMPANY TO ACCEPT A PERMANENT POSITION WITH THE HEADQUARTERS, UNITED STATES ARMY, CARIBBEAN, FORT AMADOR, CANAL ZONE. HAVING RESIGNED FROM YOUR POSITION WITH THE PANAMA CANAL COMPANY TO ACCEPT A POSITION WITH THE DEPARTMENT OF THE ARMY THE FOLLOWING DAY IN THE CANAL ZONE, NO ORDERS FOR TRAVEL OR TRANSPORTATION WERE REQUIRED. AT THE TIME OF YOUR EMPLOYMENT BY THE DEPARTMENT OF THE ARMY YOU DID NOT EXECUTE AN AGREEMENT TO REMAIN IN THE SERVICE AT DUTY STATION FOR ANY SPECIFIED PERIOD. YOU WERE REQUESTED TO AND DID REFUND ON FEBRUARY 7, 1956, $220.66, REPRESENTING YOUR TRAVELING EXPENSES IN REPORTING TO THE PANAMA CANAL COMPANY.

WE DISALLOWED YOUR CLAIM FOR TRAVELING EXPENSES OF YOURSELF AND TRANSPORTATION OF YOUR DEPENDENTS AND YOUR PERSONAL EFFECTS FROM LOS ANGELES TO THE PANAMA CANAL ZONE ON THE BASIS OF A REPORT FROM THE DEPARTMENT OF THE ARMY THAT YOU DID NOT HAVE AN EMPLOYMENT AND TRANSPORTATION AGREEMENT WITH THE DEPARTMENT OF THE ARMY AND INASMUCH AS YOU WERE HIRED LOCALLY AND WERE NOT RECRUITED FROM THE UNITED STATES. IS STATED BY YOU THAT YOU SIGNED AN EMPLOYMENT AGREEMENT ON NOVEMBER 13, 1957.

IN SUPPORT OF YOUR CLAIM FOR REIMBURSEMENT OF TRAVELING EXPENSES FOR YOURSELF AND DEPENDENTS YOU CITE 27 COMP. GEN. 394 AND 29 COMP. GEN. 526. THE PRINCIPLE LAID DOWN IN THOSE CASES WOULD NOT BE APPLICABLE TO THE SITUATION PRESENTED HERE. THE FACTS IN THOSE TWO CASES DIFFER FROM THE FACTS IN YOUR CASE IN THAT AT THE TIME THE EMPLOYEES ACCEPTED THE APPOINTMENTS THEY WERE OVERSEAS AND THEIR FAMILIES WERE IN THE UNITED STATES AND THE ADMINISTRATIVE AGENCIES WERE WILLING TO ISSUE TRAVEL ORDERS AUTHORIZING TRAVEL OF THEIR DEPENDENTS AT GOVERNMENT EXPENSE TO THE EMPLOYEE'S OVERSEAS POST OF DUTY.

THE DEPARTMENT OF THE ARMY CIVILIAN PERSONNEL REGULATIONS CPR T3.5, SECTION 5, PARAGRAPH 5-3D, DATED AUGUST 31, 1955, IN EFFECT AT THE TIME THE TRAVEL IN QUESTION WAS PERFORMED, WITH RESPECT TO DEPENDENTS, PROVIDES AS FOLLOWS:

"TRAVEL OF DEPENDENTS OF EMPLOYEES HIRED LOCALLY FOLLOWING UNINTERRUPTED FEDERAL SERVICE.

"D. WHERE AN EMPLOYEE OF ANOTHER FEDERAL DEPARTMENT OR AGENCY IS APPOINTED TO A POSITION IN THE ARMY ESTABLISHMENT WITHOUT A BREAK IN SERVICE, MOVEMENT OF DEPENDENTS FROM ONE FOREIGN ADDRESS TO HIS NEW DUTY STATION WILL BE AT GOVERNMENT EXPENSE IF THE MOVE IS PRIMARILY FOR THE BENEFIT OF THE GOVERNMENT. IF THE EMPLOYEE'S DEPENDENTS HAD NOT JOINED THE EMPLOYEE IN THE OVERSEAS AREA, MOVEMENT FROM THE UNITED STATES MAY BE AUTHORIZED * * *.' UNDER THE ABOVE CITED REGULATION WHERE AN EMPLOYEE OF ANOTHER DEPARTMENT OR AGENCY OVERSEAS HAS BEEN APPOINTED WITHOUT A BREAK IN SERVICE TO A POSITION WITH THE DEPARTMENT OF THE ARMY OVERSEAS HE IS ENTITLED TO HAVE HIS DEPENDENTS TRANSPORTED FROM HIS OLD POST OF DUTY TO HIS NEW POST OF DUTY AT GOVERNMENT EXPENSE. THE REGULATION ALSO MAKES PROVISION FOR THE TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS OF EMPLOYEES WHEN THEY HAVE NOT JOINED HIM AT HIS OVERSEAS STATION PRIOR TO THE NEW APPOINTMENT. HOWEVER, THERE IS NO PROVISION MADE FOR THE DEPARTMENT OF THE ARMY TO REIMBURSE AN EMPLOYEE FOR THE COST OF TRANSPORTING HIS DEPENDENTS FROM THE UNITED STATES WHERE THE DEPENDENTS ARE AT THE DUTY STATION WHEN HE ACCEPTS AN APPOINTMENT WITH THAT DEPARTMENT. ACCORDINGLY, THERE IS NO AUTHORITY UNDER THE FOREGOING CIRCUMSTANCES TO REIMBURSE YOU FOR THE COST OF THE TRAVELING EXPENSES OF YOUR DEPENDENTS IN TRAVELING, WITH YOU, TO YOUR OVERSEAS DUTY STATION.

A SETTLEMENT WILL ISSUE IN DUE COURSE, HOWEVER, IN AN AMOUNT REPRESENTING THE COST OF YOUR TRAVELING EXPENSES, INCLUDING COST OF SHIPPING YOUR PERSONAL EFFECTS, IN REPORTING TO YOUR OVERSEAS POST OF DUTY.