B-148087, FEBRUARY 21, 1962, 41 COMP. GEN. 553

B-148087, FEBRUARY 21, 1962, 41 COMP. GEN. 553

TRAVEL EXPENSES - OVERSEAS EMPLOYEES - HOME LEAVE - TO OTHER THAN RESIDENCE AN OVERSEAS EMPLOYEE WHO, WHILE ON HOME LEAVE IN THE UNITED STATES, WAS UNABLE TO REACH HIS RESIDENCE ON THE WEST COAST BECAUSE OF THE ILLNESS OF A PARENT LIVING IN THE EAST AND WHO AS A RESULT DID NOT STAY FOR ANY EXTENDED PERIOD IN ONE LOCATION MAY HAVE THE MOST WESTERN POINT AT WHICH HE ABANDONED HIS TRIP TO HIS RESIDENCE ADMINISTRATIVELY DETERMINED AS AN ALTERNATE LOCATION FOR COMPUTATION OF CONSTRUCTIVE TRAVEL COSTS RATHER THAN HAVE THE TRAVEL REGARDED AS TRAVEL TO VARIOUS LOCATIONS FOR PERSONAL CONVENIENCE WITHIN THE MEANING OF REGULATIONS PRESCRIBED BY THE BUREAU OF THE BUDGET IN CIRCULAR A-4, MAY 2, 1955 (NOW SECTION 42, CIRCULAR A-56, APRIL 30, 1962), WHICH WOULD PRECLUDE PAYMENT FOR THE COST OF SUCH TRAVEL.

TO MAJOR L. L. PERSONS, DEPARTMENT OF THE ARMY, FEBRUARY 21, 1962:

YOUR LETTER OF DECEMBER 15, 1961, REFERENCE AENCO-1FE, TRANSMITTED HERE BY THE DIRECTOR, FIELD DIVISION OPERATIONS, FINANCE CENTER, U.S. ARMY, ON JANUARY 30, 1962, REQUESTS OUR DECISION CONCERNING THE PROPRIETY OF PAYMENT OF THE TRANSMITTED VOUCHER FOR AN UNDETERMINED AMOUNT IN FAVOR OF MR. GEORGE E. TYBURSKY, A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, COVERING TRAVELING EXPENSES RELATING TO HIS TRAVEL UNDER REEMPLOYMENT LEAVE ORDERS.

MR. TYBURSKY'S TRAVEL ORDERS, LETTER 109-1019, DATED SEPTEMBER 9, 1960, AUTHORIZED TRAVEL TO GLENDALE, CALIFORNIA, FOR THE PURPOSE OF TAKING LEAVE BETWEEN TOURS OF DUTY OVERSEAS. THIS ORDER WAS AMENDED NOVEMBER 15, 1961, TO AUTHORIZE SUCH LEAVE TO BE TAKEN AT KANSAS CITY INSTEAD OF HIS PLACE OF RESIDENCE AT GLENDALE.

MR. TYBURSKY ARRIVED AT MCGUIRE AIR FORCE BASE FROM HIS OVERSEAS HEADQUARTERS AT FRANKFURT, GERMANY, ON SEPTEMBER 19, 1960. HE DEPARTED FROM NEW YORK CITY, ON SEPTEMBER 21 ARRIVING AT THORNDIKE, MASSACHUSETTS, THE SAME DAY. HE REMAINED AT THAT LOCATION UNTIL SEPTEMBER 25 IN AN ANNUAL LEAVE STATUS. HE THEN TRAVELED BY PRIVATELY OWNED AUTOMOBILE TO NEW YORK CITY, SECAUCUS, NEW YORK, WASHINGTON, D.C., AND BY VARIOUS INDIRECT POINTS TO WEST PALM BEACH, FLORIDA, THEN TO KANSAS CITY, MISSOURI, THE FARTHEST WESTERN POINT OF TRAVEL. ON THE RETURN TRIP HE TRAVELED TO LONDON, CANADA, THEN TO NEW YORK CITY RETURNING TO THORNDIKE ON OCTOBER 16, WHERE HE REMAINED IN AN ANNUAL LEAVE STATUS UNTIL OCTOBER 28. HE RETURNED TO MCGUIRE AIR FORCE BASE, OCTOBER 30 FOR HIS RETURN FLIGHT TO FRANKFURT, GERMANY, HIS OVERSEAS DUTY STATION.

SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 73B-3, AUTHORIZES TRAVEL FOR LEAVE PURPOSES TO "PLACE OF RESIDENCE.' HOWEVER, THAT PHRASE IS NOT VIEWED AS REQUIRING TRAVEL TO THE ACTUAL RESIDENCE AS A CONDITION TO THE ALLOWANCE OF TRAVEL EXPENSES. SEE 35 COMP. GEN. 236. EXECUTIVE ORDER NO. 9805, AS ADDED BY BUREAU OF THE BUDGET CIRCULAR A-4, MAY 3, 1955, IN EFFECT AT THE TIME OF THE COMMENCEMENT OF MR. TYBURSKY'S TRAVEL, AUTHORIZES TRAVEL TO "ANOTHER LOCATION WITHIN THE COUNTRY, TERRITORY, OR POSSESSION IN WHICH SUCH PLACE OF ACTUAL RESIDENCE IS LOCATED" NOT TO EXCEED THE CONSTRUCTIVE COST OF TRAVEL TO HIS PLACE OF ACTUAL RESIDENCE. THOSE REGULATIONS AUTHORIZE TRAVEL TO AN ALTERNATE LOCATION NOT TO EXCEED CONSTRUCTIVE COST OF TRAVEL TO ACTUAL PLACE OF RESIDENCE BUT DO NOT PROVIDE FOR TRAVEL TO VARIOUS LOCATIONS FOR PERSONAL CONVENIENCE. SEE 37 COMP. GEN. 113.

THE EMPLOYEE SAYS THAT WHEN HE APPLIED FOR REEMPLOYMENT LEAVE HIS INTENTION WAS TO VISIT HIS LEGAL RESIDENCE, GLENDALE, CALIFORNIA. POINTS OUT THAT HE AND HIS WIFE, ON THEIR WAY TO GLENDALE, MADE SEVERAL STOPS TO VISIT RELATIVES. WHEN THEY REACHED KANSAS CITY THEY WERE TOLD THAT HIS MOTHER WAS SERIOUSLY ILL; THEREFORE, HE AND HIS WIFE RETURNED EAST TO BE WITH HIS MOTHER RATHER THAN CONTINUE THE TRIP TO CALIFORNIA.

THUS, THE CASE PRESENTED IS ONE IN WHICH THE EMPLOYEE, EXCEPT FOR THE ILLNESS OF HIS MOTHER WOULD HAVE PROCEEDED TO GLENDALE, HIS PLACE OF RESIDENCE IN CALIFORNIA. HIS TRAVEL ORDERS COVERING THE RETURN TRIP TO FRANKFURT REQUIRED THAT HE BE AVAILABLE FOR TRAVEL FROM MCGUIRE AIR FORCE BASE, ON OR ABOUT OCTOBER 31, 1960. THEREFORE, HAD HE CONTINUED BY AUTOMOBILE TO CALIFORNIA FROM KANSAS CITY--- ROUND-TRIP DISTANCE OF APPROXIMATELY 3,200 MILES--- ON OCTOBER 7 AND RETURNED BY THAT MODE TO MCGUIRE AIR FORCE BASE IT IS EVIDENT HE COULD HAVE TAKEN ONLY A BRIEF PERIOD OF LEAVE AT GLENDALE. IN SUCH CASE OTHERWISE PROPER TRAVEL EXPENSES FOR DIRECT TRAVEL BETWEEN FRANKFURT AND GLENDALE WOULD HAVE BEEN ALLOWABLE, NOTWITHSTANDING A BRIEF STAY IN GLENDALE. THE CASE IS TO BE DISTINGUISHED FROM 41 COMP. GEN. 146 WHEREIN THE EMPLOYEE INCIDENT TO A GLOBAL TOUR HAD SPENT ONLY A BRIEF PERIOD OF LEAVE IN THE COUNTRY OF HIS RESIDENCE. HERE, THE ENTIRE PERIOD OF LEAVE WAS TAKEN BY THE EMPLOYEE IN THE COUNTRY OF HIS RESIDENCE BUT HE DID NOT STAY FOR AN EXTENDED PERIOD IN ANY ONE LOCATION. AS INDICATED ABOVE, THE APPLICABLE REGULATION, BUREAU OF THE BUDGET CIRCULAR A-4, MAY 2, 1955, DOES NOT PROVIDE FOR TRAVEL TO VARIOUS LOCATIONS FOR PERSONAL CONVENIENCE. OUR OPINION IS, HOWEVER, THAT THOSE REGULATIONS DO NOT PRECLUDE A DETERMINATION--- AS ADMINISTRATIVELY MADE IN THIS CASE--- THAT KANSAS CITY, MISSOURI, MAY BE CONSIDERED AS AN ALTERNATE LOCATION. MOREOVER, WHILE DEPARTMENT OF THE ARMY, CIVILIAN PERSONNEL REGULATIONS, T3.2-11, PROVIDES THAT THE EMPLOYEE "MAY TAKE LEAVE AT ANOTHER LOCATION," WE ARE OF THE OPINION THAT IT NEED NOT BE CONSTRUED TO PREVENT PAYMENT OF EXPENSES OF DIRECT TRAVEL TO KANSAS CITY AND RETURN IN THE CIRCUMSTANCES OF THIS CASE.

ACTION ON THE VOUCHER, WHICH VOUCHER TOGETHER WITH RELATED PAPERS IS RETURNED, SHOULD BE TAKEN ACCORDINGLY.