B-144099 L/M, JUN 2, 1965

B-144099 L/M, JUN 2, 1965

PRECIS-UNAVAILABLE

SECRETARY OF THE NAVY:

YOUR UNDER SECRETARY'S LETTER OF MAY 6, 1965, PRESENTS THE FOLLOWING MATTER FOR OUR CONSIDERATION AND DECISION:

"RECENTLY, AN EMPLOYEE WHO HAD COMPLETED THE REQUIRED SERVICE UNDER AN EMPLOYMENT AGREEMENT WITH THE DEPARTMENT OF THE NAVY AT GUANTANAMO BAY, CUBA, AND WHOSE PLACE OF ACTUAL RESIDENCE WAS TACOMA, WASHINGTON, APPLIED FOR AND WAS SELECTED FOR A POSITION WITH ANOTHER AGENCY AT HUNTSVILLE, ALABAMA. THE AGENCY AT HUNTSVILLE, HOWEVER, WOULD NOT AUTHORIZE TRAVEL COSTS INCIDENT TO A TRANSFER; AND THE EMPLOYEE RESIGNED HIS POSITION AT GUANTANAMO BAY IN ORDER TO ACCEPT THE POSITION AT HUNTSVILLE. THE EMPLOYEE WAS SEPARATED ON ONE DATE AND WAS REINSTATED BY THE AGENCY AT HUNTSVILLE ON THE NEXT DATE WITHOUT A BREAK IN SERVICE. THE EMPLOYEE WAS PROVIDED TRANSPORTATION AT THE NAVY'S EXPENSE TO HUNTSVILLE, ALABAMA; HIS WIFE AND DAUGHTER WERE PROVIDED TRANSPORTATION AT THE NAVY'S EXPENSE TO TACOMA, WASHINGTON, THE PLACE OF ACTUAL RESIDENCE. YOUR DECISION IS REQUESTED ON THE FOLLOWING QUESTIONS:

"A. IN SUCH A CASE, ARE THE EMPLOYEE AND HIS DEPENDENTS ENTITLED TO TRANSPORTATION TO PLACE OF ACTUAL RESIDENCE AT TACOMA, WASHINGTON - OR IS THE TRANSPORTATION ENTITLEMENT RESTRICTED TO HUNTSVILLE, THE NEW DUTY STATION?

"B. IS IT PROPER FOR THE NAVY TO PAY THE DEPENDENTS' TRANSPORTATION COSTS TO TACOMA, OR TO HUNTSVILLE - OR SHOULD SUCH COSTS BE BORNE BY THE ACQUIRING AGENCY?"

SINCE THE EMPLOYEE COMPLETED AN AGREED PERIOD OF SERVICE OVERSEAS AND SINCE IN FACT HE WAS SEPARATED FROM THE DEPARTMENT OF THE NAVY, AND UPON THE ASSUMPTION THAT HE WAS NOT EMPLOYED BY THE ACQUIRING AGENCY PRIOR TO HIS DEPARTURE FROM THE OVERSEAS POST OF DUTY, HE WAS ENTITLED TO RETURN TRAVEL EXPENSES FOR HIMSELF AND TRANSPORTATION FOR HIS IMMEDIATE FAMILY AND HOUSEHOLD EFFECTS TO HIS ACTUAL PLACE OF RESIDENCE IN TACOMA, WASHINGTON. HOWEVER, THE EMPLOYEE ACTUALLY TRAVELED TO HUNTSVILLE, ALABAMA, RATHER THAN TACOMA. IN VIEW THEREOF HIS TRAVEL EXPENSES ARE LIMITED TO THE COST OF TRAVEL TO THAT POINT. IN ADDITION THE EMPLOYEE IS ENTITLED TO TRANSPORTATION OF HIS IMMEDIATE FAMILY TO TACOMA, WASHINGTON, SINCE THEY, IN FACT, TRAVELED TO TACOMA INCIDENT TO HIS SEPARATION. WOULD NOT BE ENTITLED TO TRANSPORTATION OF HIS FAMILY FROM TACOMA TO HUNTSVILLE. THAT TRAVEL WOULD BE REGARDED AS BEING INCIDENT TO HIS PLACING HIS FAMILY AT HIS FIRST DUTY STATION WITH THE NEW AGENCY. ALL OF THE AUTHORIZED EXPENSES INDICATED ABOVE WOULD BE PAYABLE FROM APPROPRIATIONS OF THE DEPARTMENT OF THE NAVY.

YOUR UNDER SECRETARY'S LETTER ALSO REQUESTS OUR ADVICE AS TO WHICH AGENCY'S APPROPRIATION SHOULD BE CHARGED WITH THE TRAVEL AND TRANSPORTATION COSTS OF AN EMPLOYEE, HIS FAMILY AND HOUSEHOLD EFFECTS UNDER THE FOLLOWING CIRCUMSTANCES:

"A RELATED SITUATION EXISTS WHEN AN OVERSEAS EMPLOYEE (SUCH AS A TEACHER) COMPLETES A TOUR OF DUTY WITH ONE DEPARTMENT AND SIGNS A RENEWAL EMPLOYMENT AGREEMENT FOR AN OVERSEAS TOUR WITH A DIFFERENT DEPARTMENT. COMPTROLLER GENERAL'S DECISION B-144095 OF 28 NOVEMBER 1960 (UNPUBLISHED), IT WAS HELD THAT IN SUCH CASES THE COSTS OF ROUND TRIP TRAVEL WERE PAYABLE BY THE DEPARTMENT TO WHICH THE EMPLOYEE WAS TRANSFERRING (NEGATIVE ANSWER TO QUESTION (A) ON PAGES 4 AND 5).

"THE RULE STATED IN THAT DECISION IN ANSWER TO QUESTION (A) WOULD BE APPLICABLE IN CASES WHERE THE TRANSFER IS DIRECTLY BETWEEN ONE OVERSEAS STATION AND ANOTHER OVERSEAS STATION, NO RETURN TO THE UNITED STATES BEING INVOLVED. WE DO NOT BELIEVE THAT THE LETTER OR SPIRIT OF THE STATUTE, HOWEVER, NECESSARILY REQUIRES THE APPLICATION OF SUCH A RULE WHERE THERE IS A CONTRACTUAL AGREEMENT TO RETURN THE EMPLOYEE TO THE UNITED STATES PRIOR TO REPORTING OVERSEAS FOR DUTY WITH A DIFFERENT MILITARY DEPARTMENT. THE APPLICATION OF THE GENERAL RULE TO THIS SITUATION DOES NOT APPEAR EQUITABLE TO THE DEPARTMENTS CONCERNED, SINCE THE EMPLOYEE HAS EARNED AN ENTITLEMENT TO RETURN TRANSPORTATION TO HIS PLACE OF ACTUAL RESIDENCE BETWEEN OVERSEAS TOURS, THE EXPENSES OF WHICH ARE PROPERLY PAYABLE BY THE DEPARTMENT IN WHICH HE EARNED IT."

OUR DECISION OF NOVEMBER 28, 1960, B-144095, REFERRED TO IN YOUR UNDER SECRETARY'S LETTER, DID NOT SPECIFICALLY CONSIDER THE QUESTION OF WHICH AGENCY'S APPROPRIATION WOULD BE CHARGEABLE WITH THE TRAVEL AND TRANSPORTATION COSTS OF AN EMPLOYEE WHO AFTER COMPLETING AN AGREED TOUR OF DUTY OVERSEAS WITH ONE AGENCY RETURNS TO THE UNITED STATES FOR THE PURPOSE OF TAKING LEAVE AFTER HAVING SIGNED A RENEWAL AGREEMENT TO SERVE AN ADDITIONAL TOUR OVERSEAS WITH A DIFFERENT AGENCY TO WHICH HE WILL TRANSFER AFTER COMPLETION OF HIS LEAVE IN THE UNITED STATES.

BY COMPLETION OF A PERIOD OF SERVICE OVERSEAS WITH THE OLD AGENCY THE EMPLOYEE IS ENTITLED TO BE RETURNED TO THE UNITED STATES FOR SEPARATION AT THE EXPENSE OF THAT AGENCY. IN A HOME LEAVE SITUATION PAYMENT OF THE EXPENSES OF TRAVEL FROM THE LEAVE POINT TO THE SAME POST OR A DIFFERENT POST OVERSEAS RESULTS SOLELY FROM THE AGREEMENT TO SERVE AN ADDITIONAL TOUR OF DUTY OVERSEAS. THUS, IF THE EMPLOYEE HAS SIGNED A RENEWAL AGREEMENT FOR OVERSEAS DUTY WITH A DIFFERENT GOVERNMENT AGENCY HIS OLD AGENCY IS NOT RECEIVING ANY BENEFIT FROM ASSUMING HIS TRAVELING EXPENSES BACK TO AN OVERSEAS POST. WHILE THE LAW IS SILENT AS TO WHICH AGENCY MUST BEAR THE EXPENSE OF HOME LEAVE TRAVEL AND TRANSPORTATION UNDER SUCH CIRCUMSTANCES, OUR VIEW IS THAT THE LAW PERMITS THE EXPENSES TO BE DIVIDED AS SUGGESTED IN THE UNDER SECRETARY'S LETTER, THAT IS THAT THE AGENCY FROM WHICH THE EMPLOYEE TRANSFERS BEAR THE EXPENSE OF TRAVEL OF THE EMPLOYEE AND TRANSPORTATION OF HIS FAMILY TO THE ACTUAL PLACE OF RESIDENCE IN THE UNITED STATES, AND THAT THE AGENCY TO WHICH THE EMPLOYEE TRANSFERS AFTER COMPLETION OF A PERIOD OF HOME LEAVE PAY SUCH EXPENSES FROM THE ACTUAL PLACE OF RESIDENCE IN THE UNITED STATES TO HIS NEW OVERSEAS DUTY STATION WITH THAT AGENCY. ALSO, THE AGENCY TO WHICH THE EMPLOYEE TRANSFERS SHOULD PAY, WITHIN THE LIMITATIONS AUTHORIZED BY LAW, THE EXPENSES OF DIRECT SHIPMENT OF THE HOUSEHOLD EFFECTS OF THE EMPLOYEE FROM HIS OLD OVERSEAS STATION TO HIS NEW OVERSEAS STATION.

YOUR QUESTIONS ARE ANSWERED ACCORDINGLY.