B-61290, NOV 15, 1946
Highlights
DECISION IS BEING RENDERED TO YOU AS HEAD OF THE DEPARTMENT CONCERNED. IS AS FOLLOWS: "THERE IS INCLOSED A VOUCHER REPRESENTING A PAYMENT FOR TRAVEL TIME FOR THE PERIODS 8 JANUARY 1945 TO 13 JANUARY 1945 AND 19 FEBRUARY 1945 TO 25 FEBRUARY 1945. BOGOVICH'S EMPLOYMENT CONTRACT IS INCLOSED WITH ALL CORRESPONDENCE AND PAPERS RELATIVE TO MR. BOGOVICH WAS EMPLOYED AS A TEMPORARY HOURLY EMPLOYEE AND AS SUCH DID NOT ACCRUE ANNUAL OR SICK LEAVE. THE MAINLAND LEAVE AND TRAVEL POLICY IN EFFECT AT THE TIME IN QUESTION IS CONTAINED IN ATTACHED LETTER. PARAGRAPH 2 OF ABOVE-QUOTED REGULATION PROVIDES THAT EMPLOYEE MUST HAVE SUFFICIENT ACCUMULATED LEAVE TO COVER THE PERIOD OF LEAVE GRANTED. EXCEPT WHERE EMERGENCY LEAVE IS AUTHORIZED.
B-61290, NOV 15, 1946
PRECIS-UNAVAILABLE
THE HONORABLE, THE SECRETARY OF WAR.: MY DEAR MR. SECRETARY:
MY SECOND INDORSEMENT DATED OCTOBER 14, 1946, FILE FINEK 248.7 BOGOVICH, PAUL, THE CHIEF OF FINANCE FORWARDED HERE FOR CONSIDERATION A LETTER DATED JUNE 17, 1946,, FILE NO. MPENG PEF - 201, FROM MR. T. J. MCCANN, "ADMINISTRATIVE OFFICER CERTIFYING OFFICER," UNITED STATES ARMY FORCES, MIDDLE PACIFIC, HEADQUARTERS OAHU ENGINEER SERVICE, APO 950, WHICH MR. MCCANN (FOR THE COMMANDING OFFICER) HAD FORWARDED TO YOUR OFFICE. THE SAID LETTER OF JUNE 17, 1946, REQUESTS DECISION WITH RESPECT TO THE QUESTION THEREIN PRESENTED. UNDER SECTION 4 OF THE ACT OF DECEMBER 29, 1941, 55 STAT. 876, A DECISION PROPERLY MAY NOT BE RENDERED TO MR. MCCANN AS CERTIFYING OFFICER. HOWEVER, IN VIEW OF THE NATURE OF THE QUESTION PRESENTED AND IN ORDER TO AVOID FURTHER DELAY, DECISION IS BEING RENDERED TO YOU AS HEAD OF THE DEPARTMENT CONCERNED.
THE LETTER OF JUNE 17, 1946, IS AS FOLLOWS:
"THERE IS INCLOSED A VOUCHER REPRESENTING A PAYMENT FOR
TRAVEL TIME FOR THE PERIODS 8 JANUARY 1945 TO 13 JANUARY
1945 AND 19 FEBRUARY 1945 TO 25 FEBRUARY 1945, CLAIMED BY
PAUL BOGOVICH, EMPLOYEE OF THIS OFFICE. A COPY OF
MR. BOGOVICH'S EMPLOYMENT CONTRACT IS INCLOSED WITH ALL
CORRESPONDENCE AND PAPERS RELATIVE TO MR. BOGOVICH'S CLAIM.
"MR. BOGOVICH WAS EMPLOYED AS A TEMPORARY HOURLY EMPLOYEE
AND AS SUCH DID NOT ACCRUE ANNUAL OR SICK LEAVE. THE
MAINLAND LEAVE AND TRAVEL POLICY IN EFFECT AT THE TIME IN
QUESTION IS CONTAINED IN ATTACHED LETTER, SUBJECT: MAINLAND
LEAVE AND TRAVEL POLICY FOR CIVILIAN EMPLOYEES, HEADQUARTERS,
U. S. ARMY FORCES, CENTRAL PACIFIC AREA, DATED 12 JUNE 1944,
WHICH SETS FORTH THE ELIGIBILITY REQUIREMENTS FOR MAINLAND
LEAVE AND THE PROCEDURES FOR CHARGING LEAVE DURING THE
EMPLOYEE'S ABSENCE. MR. BOGOVICH PARTIALLY MET THE
REQUIREMENTS OF THE ABOVE-QUOTED REGULATIONS IN THAT HE
HAD BEEN HIRED ON THE MAINLAND, TRANSPORTED TO THIS AREA
AT GOVERNMENT EXPENSE AND HAD COMPLETED THE TOUR OF DUTY
PROVIDED IN HIS CONTRACT. PARAGRAPH 2 OF ABOVE-QUOTED
REGULATION PROVIDES THAT EMPLOYEE MUST HAVE SUFFICIENT
ACCUMULATED LEAVE TO COVER THE PERIOD OF LEAVE GRANTED, EXCEPT
WHERE EMERGENCY LEAVE IS AUTHORIZED. MR. BOGOVICH HAD NO
LEAVE ACCRUED SINCE HIS STATUS EXCLUDED HIM FROM LEAVE
PRIVILEGES, AND THERE WAS NO EMERGENCY INVOLVED.
"HOWEVER, HAD MR. BOGOVICH RETURNED TO THE MAINLAND
AS A RESULT OF A COMPLETED CONTRACT, HE WOULD HAVE BEEN
ENTITLED TO RETURN TRANSPORTATION TO POINT OF HIRE AND
WOULD HAVE BEEN CARRIED IN A DUTY STATUS DURING THE ENTIRE
PERIOD OF TRAVEL.
"LETTER DATED 8 JANUARY 1945, FURNISHED MR. BOGOVICH,
WAS INTENDED FOR PERSONNEL WHO ACCRUED LEAVE, AND WAS NOT
INTENDED TO BE FURNISHED EMPLOYEES WHO WERE ON
LEAVE-WITHOUT-PAY. ALTHOUGH THIS LETTER INDICATES
SPECIFICALLY THAT LEAVE WOULD BEGIN UPON ARRIVAL AT
MAINLAND PORT, IT WAS FURNISHED IN ERROR AND IS NOT CONSIDERED
BINDING IN VIEW OF EMPLOYEE'S STATUS WHICH PLACED HIM
OUTSIDE THE PROVISIONS OF LEAVE REGULATIONS.
"YOUR DECISION IS REQUESTED AS TO WHETHER PAYMENT OF THIS
CLAIM IS AUTHORIZED."
THE CONTRACT OF EMPLOYMENT WITH MR. BOGOVICH PROVIDES IN PERTINENT PART:
"THIS CONTRACT, ENTERED INTO THIS 15 DAY OF OCTOBER
1942, BETWEEN THE UNITED STATES OF AMERICA, HEREINAFTER
CALLED THE EMPLOYER, REPRESENTED BY THE CONTRACTING OFFICER
EXECUTING THIS CONTRACT AND PAUL BOGOVICH OF THE CITY OF
NEW YORK IN THE STATE OF NEW YORK, HEREINAFTER CALLED THE
EMPLOYEE, WITNESSED THAT THE PARTIES HERETO DO MUTUALLY
AGREE AS FOLLOWS:
"ARTICLE 1. THE EMPLOYEE IS HEREBY ENGAGED BY THE
EMPLOYER AS CONSTRUCTION LABORER FOR SERVICE IN THE
TERRITORY OF HAWAII, AND SHALL PERFORM SERVICES
SATISFACTORY TO THE EMPLOYER, ON SUCH DAYS AS SUCH
SERVICES ARE REQUIRED BY THE OFFICER IN CHARGE, INCLUDING
HOLIDAYS, SATURDAY AFTERNOONS AND SUNDAYS WHEN REQUIRED
UNTIL OCTOBER 14, 1943 AS FOLLOWS:
"ARTICLE 3. THE EMPLOYEE'S COMPENSATION WILL BE PAID
AT THE RATE OF $ .70 (SEVENTY CENTS) PER (HOUR) FROM
WHICH A DAILY DEDUCTION WILL BE MADE AMOUNTING TO $XXXXXXXXXX
FOR SUBSISTENCE AND QUARTERS. THE QUARTERS FURNISHED, FOR
WHICH DEDUCTION IS MADE AS SPECIFIED ABOVE, ARE GENERAL
DORMITORY ACCOMMODATIONS, AND NOT SEPARATE ROOMS. THE
SALARY SHALL COMMENCE ON THE DATE OF APPOINTMENT. THE
EMPLOYEE AGREES TO WORK A MINIMUM OF 44 HOURS PER WEEK
OR EIGHT HOURS PER DAY FOR FIVE AND ONE-HALF DAYS PER
WEEK. ANY WORK IN EXCESS OF 44 HOURS PER WEEK OR IN EXCESS
OF 8 HOURS PER DAY SHALL BE PAID FOR AT THE RATE OF ONE AND
ONE-HALF TIMES THE HOURLY RATE. SUNDAY 'PER SE' SHALL NOT
BE CONSIDERED AS OVERTIME DAY.
"ARTICLE 4. TRANSPORTATION WILL BE FURNISHED THE EMPLOYEE
FROM NEW YORK, N. Y. TO HAWAIIAN ISLANDS AT EMPLOYER'S
EXPENSE. THE EMPLOYER HEREBY RESERVES THE RIGHT TO USE
SUCH METHODS OR MEANS OF TRANSPORTATION AS MAY BE MOST
ADVANTAGEOUS TO THE EMPLOYER. FOR ALL AUTHORIZED TRAVEL
ACTUAL TRAVEL EXPENSES OR PER DIEM ALLOWANCES WILL
BE GRANTED IN ACCORDANCE WITH STANDARDIZED GOVERNMENT
TRAVEL REGULATION.
"ARTICLE 5. THE PERIOD OF SERVICE SHALL BE SUCH PERIOD AS
THE EMPLOYER MAY DESIRE THE SERVICES OF THE EMPLOYEE, WITH
THE UNDERSTANDING THAT HE WILL NOT BE REQUIRED TO REMAIN ON
PACIFIC ISLANDS MORE THAN TWELVE MONTHS WITHOUT HIS CONSENT.
THE EMPLOYEE AGREES TO WORK FOR THE EMPLOYER IN ACCORDANCE
WITH THE TERMS OF THIS CONTRACT UNTIL THE TERMINATION
OF THE PERIOD OF SERVICE.
"ARTICLE 6. THE EMPLOYER WILL RETURN THE EMPLOYEE FROM
PLACE OF EMPLOYMENT TO NEW YORK, N. Y. AT EMPLOYER'S EXPENSE
UPON SATISFACTORY PERFORMANCE AND COMPLETION OF THIS
CONTRACT BY THE EMPLOYEE.
"ARTICLE 8. THE EMPLOYEE WILL NOT EARN ANNUAL OR SICK
LEAVE DURING THE PERIOD OF EMPLOYMENT COVERED BY THIS CONTRACT
OR ANY EXTENSION THEREOF.
ARTICLE 12. THE EMPLOYEE HEREBY ACCEPTS EMPLOYMENT
IN THE POSITION OF CONSTRUCTION LABORER SUBJECT TO
INVESTIGATION OF CHARACTER AND PREVIOUS EMPLOYMENT HISTORY.
IN THE EVENT INVESTIGATION REVEALS THAT THE EMPLOYEE IS NOT
QUALIFIED TO FILL THE POSITION OF CONSTRUCTION LABORER OR
THAT THERE IS REASON TO QUESTION THE EMPLOYEE'S LOYALTY
TO THE UNITED STATES GOVERNMENT, IT IS AGREED THAT THIS
EMPLOYMENT MAY BE FORTHWITH CANCELLED BY EMPLOYER WITHOUT
FURTHER OBLIGATION RESTING UPON THE EMPLOYER.
"ARTICLE 13. THE EMPLOYEE FURTHER AGREES TO REMAIN IN
THE HAWAIIAN DEPARTMENT FOR THE PERIOD DESIGNATED
REGARDLESS OF FAMILY CONDITIONS SUCH AS: ADDITIONS TO
FAMILIES, ILLNESS OF WIFE OR CHILDREN AND FINANCIAL OR
DOMESTIC DIFFICULTIES."
THE LETTER, "SUBJECT: MAINLAND LEAVE AND TRAVEL POLICY FOR CIVILIAN EMPLOYEES," HEADQUARTERS, U. S. ARMY FORCES, CENTRAL PACIFIC AREA, DATED JUNE 12, 1944, PROVIDES, IN PERTINENT PART:
"1. SUBJECT TO THE AVAILABILITY OF TRANSPORTATION AND THE
REQUIREMENTS OF THE MILITARY SERVICE, LEAVES OF ABSENCE
TO VISIT THE CONTINENTAL UNITED STATES WILL BE GRANTED TO
THOSE CIVILIAN EMPLOYEES WHOSE BONA FIDE RESIDENCE IS IN
THE CONTINENTAL UNITED STATES AND WHO ARE ELIGIBLE UNDER
ONE OF THE FOLLOWING CONDITIONS:
"A. THE EMPLOYEE WAS HIRED ON THE MAINLAND AND TRANSPORTED
TO THE CENTRAL PACIFIC AREA AT GOVERNMENT EXPENSE IN A
WAR DEPARTMENT ACTIVITY AND HAS SERVED A MINIMUM OF TWO
(2) YEARS PRECEDING THE DATE OF THE REQUEST FOR LEAVE
WITHOUT HAVING RETURNED TO THE MAINLAND DURING THAT TIME.
"C. THE EMPLOYEE WAS HIRED ON THE MAINLAND, TRANSPORTED
TO THE CENTRAL PACIFIC AREA AT GOVERNMENT EXPENSE, HAS
COMPLETED THE TOUR OF DUTY SPECIFIED IN HIS EMPLOYMENT
AGREEMENT, AND WILL AGREE TO RETURN TO HIS JOB UPON
EXPIRATION OF LEAVE.
"2. LEAVE ORDINARILY WILL BE GRANTED FOR A PERIOD OF
THIRTY (30) CALENDAR DAYS. LEAVE WILL BE EFFECTIVE ON
ARRIVAL AT PORT OF EMBARKATION AND WILL TERMINATE UPON
REPORTING TO PORT OF EMBARKATION FOR RETURN TRANSPORTATION.
THE EMPLOYEE MUST HAVE SUFFICIENT ACCUMULATED LEAVE TO
COVER THE PERIOD OF LEAVE GRANTED, EXCEPT WHERE
EMERGENCY LEAVE IS AUTHORIZED.
"5. EMPLOYEES WHO ARE BONA FIDE RESIDENTS OF THE
CONTINENTAL UNITED STATES AND WHO ARE GRANTED MAINLAND
LEAVE WILL BE CHARGED LEAVE ONLY BETWEEN DATES OF ENTERING
AND LEAVING THE CONTINENTAL UNITED STATES. THEY WILL
BE PAID TRAVEL TIME ENROUTE TO THE PORT OF EMBARKATION
AND RETURN. THIS PRIVILEGE WILL BE APPLIED ONLY ONCE
IN TWO (2) YEARS. THE PROVISIONS OF THIS POLICY WILL NOT
BE CONSTRUED TO ABROGATE THE PROVISIONS OF ANY EMPLOYMENT
AGREEMENT. BECAUSE OF THE SHORTAGE OF TRANSPORTATION
FACILITIES, MAINLAND LEAVE WILL NOT BE APPROVED UNLESS IT
FALLS WITHIN THE PROVISIONS OF PARAGRAPH 1, ABOVE, EVEN
THOUGH THE EMPLOYEE IS WILLING TO PAY HIS OR HER OWN
TRANSPORTATION COSTS."
THE LETTER DATED JANUARY 8, 1945, ADDRESSED TO MR. BOGOVICH, PROVIDES:
"HAVING SERVED WITH THIS HEADQUARTERS FOR A PERIOD OF TWO
(2) YEARS AND THREE (3) MONTHS YOU ARE ELIGIBLE FOR,
AND WILL BE GRANTED, THIRTY DAYS MAINLAND LEAVE UNDER
AUTHORITY CONTAINED IN LETTER FROM HEADQUARTERS USAFICPA
DATED 12 JUNE 1944. LEAVE WILL BEGIN UPON ARRIVAL AT
MAINLAND PORT OF EMBARKATION. RETURN TRANSPORTATION
FROM THE MAINLAND PORT WILL BE ARRANGED BY SEATTLE
PORT OF EMBARKATION, SEATTLE, WASHINGTON AND YOU WILL BE
NOTIFIED BY THAT OFFICE WHEN AND WHERE TO REPORT FOR SUCH
TRANSPORTATION.
"U. S. ENGINEER OFFICES ARE LOCATED IN MANY OF THE MAINLAND
CITIES AND SHOULD YOU ENCOUNTER ANY DIFFICULTIES IN
CONNECTION WITH TRANSPORTATION, IT IS SUGGESTED YOU
CONTACT THE OFFICE NEAREST YOUR HOME FOR ASSISTANCE.
YOU PREFER, YOU MAY CONTACT THIS OFFICE DIRECT BY RADIOGRAM."
MR. MCCANN'S LETTER AND ATTACHED FILE INDICATE A CONCLUSION THAT THE ABOVE-QUOTED LETTERS OF JUNE 12 AND OF JANUARY 8 DO NOT APPLY TO MR. BOGOVICH FOR THE REASON THAT HE IS A TEMPORARY, HOURLY EMPLOYEE ENGAGED ON CONSTRUCTION WORK AND, AS SUCH, HE DID NOT ACCRUE ANNUAL OR SICK LEAVE. IN THAT CONNECTION, SECTION 1 OF THE ANNUAL LEAVE ACT OF MARCH 14, 1936, 49 STAT. 1161, AS WELL AS SUBSEQUENT LEAVE REGULATIONS SPECIFICALLY HAVE EXCLUDED "TEMPORARY EMPLOYEES ENGAGED ON CONSTRUCTION WORK AT HOURLY RATES" FROM THE LEAVE BENEFITS PROVIDED THEREIN.
IT WAS HELD IN DECISION OF FEBRUARY 21, 1944, B-40018, TO COLONEL O. G. BOYLE, FINANCE OFFICER, U. S. ARMY, INVOLVING AN EMPLOYEE EMPLOYED UNDER CONTRACT AT AN HOURLY RATE ON CONSTRUCTION WORK THAT:
"LEAVE OF ABSENCE OF FEDERAL EMPLOYEES IS A RIGHT
EITHER GRANTED OR DENIED BY STATUTE AND THE REGULATIONS OF
THE PRESIDENT THEREUNDER, WHICH MAY NOT BE GRANTED OR
DENIED BY CONTRACT WITH THE EMPLOYEES. DECISION OF
DECEMBER 13, 1943, B-38681, 23 COMP.GEN. 425. CF. 23
COMP.GEN. 398. HENCE, IT IS NECESSARY TO LOOK TO THE
PROVISIONS OF THE ANNUAL LEAVE ACT AND REGULATIONS,
RATHER THAN TO THE TERMS OF THE CONTRACT WITH THE EMPLOYEE,
TO DETERMINE THE VALIDITY OF THE CLAIM PRESENTED BY HIM." THEREFORE, IN LINE WITH THAT VIEW IT MAY BE STATED THAT UNLESS MR. BOGOVICH ACTUALLY WAS EMPLOYED AS A TEMPORARY EMPLOYEE ENGAGED ON CONSTRUCTION WORK AT HOURLY RATES HE IS ENTITLED TO LEAVE IN HIS POSITION NOTWITHSTANDING THE PROVISIONS OF ARTICLE 8 OF HIS CONTRACT OF EMPLOYMENT.
SECTION 1 OF THE ANNUAL LEAVE REGULATIONS PRESCRIBED BY THE PRESIDENT BY EXECUTIVE ORDER NO. 8384, DATED MARCH 29, 1940, DEFINED PERMANENT AND TEMPORARY EMPLOYEES, AS: "(B) 'PERMANENT EMPLOYEES' ARE THOSE APPOINTED WITHOUT
LIMITATION AS TO LENGTH OF SERVICE OR FOR DEFINITE PERIODS
IN EXCESS OF 6 MONTHS.
"(C) 'TEMPORARY EMPLOYEES' ARE THOSE APPOINTED FOR
DEFINITE PERIODS OF TIME NOT EXCEEDING 6 MONTHS." THOSE DEFINITIONS WERE IN EFFECT UNTIL NEW ANNUAL AND SICK LEAVE REGULATIONS WERE PRESCRIBED BY EXECUTIVE ORDER NO. 9414 DATED JANUARY 13, 1944. SECTION 1.1 OF THOSE REGULATIONS WAS IN EFFECT UNTIL JULY 1, 1946, AND CONTAINED THE FOLLOWING DEFINITIONS: "(B) 'PERMANENT EMPLOYEES' ARE THOSE APPOINTED WITHOUT
LIMITATION AS TO LENGTH OF SERVICE OR FOR DEFINITE PERIODS
IN EXCESS OF ONE YEAR; OR FOR THE DURATION OF THE PRESENT
WAR AND FOR SIX MONTHS THEREAFTER.
"(C) 'TEMPORARY EMPLOYEES' ARE THOSE APPOINTED FOR
DEFINITE PERIODS OF TIME NOT EXCEEDING ONE YEAR." SINCE THE CONTRACT UNDER WHICH MR. BOGOVICH WAS EMPLOYED WAS FOR A PERIOD IN EXCESS OF SIX MONTHS, HE CLEARLY WAS NOT A "TEMPORARY EMPLOYEE" UNDER THE EARLIER DEFINITION OF "TEMPORARY EMPLOYEE" CONTAINED IN THE THEN APPLICABLE LEAVE REGULATIONS. READ ALONE, ARTICLE 1 OF THE CONTRACT UNDER WHICH MR. BOGOVICH WAS EMPLOYED WOULD WARRANT A CONCLUSION THAT HE WAS A "TEMPORARY EMPLOYEE" UNDER THE LATER DEFINITION OF "TEMPORARY EMPLOYEE" CONTAINED IN THE LEAVE REGULATIONS, BUT WHEN THAT ARTICLE IS READ IN CONNECTION WITH ARTICLES 5 AND 13, IT IS APPARENT THAT THE TERMS OF HIS EMPLOYMENT AGREEMENT CONTEMPLATED A PERIOD OF EMPLOYMENT IN EXCESS OF ONE YEAR, AND, THEREFORE, DO NOT BRING HIM WITHIN THAT DEFINITION.
THE DEFINITION OF "TEMPORARY EMPLOYEES," APPEARING IN THE LEAVE REGULATIONS IS DETERMINATIVE, ALSO, OF WHETHER EMPLOYEES ARE TO BE CLASSED AS "TEMPORARY EMPLOYEES ENGAGED ON CONSTRUCTION WORK AT HOURLY RATES" WITHIN THE MEANING OF SECTION 1 OF THE ANNUAL LEAVE ACT OF MARCH 14, 1936, 49 STAT. 1161, AND THE REGULATIONS WHICH EXCLUDE SUCH EMPLOYEES FROM THE LEAVE BENEFITS PROVIDED THEREIN. 24 COMP.GEN. 702; 20 ID. 223. AS THE TERMS OF EMPLOYMENT CONTAINED IN THE CONTRACT WITH MR. BOGOVICH WOULD NOT BRING HIM WITHIN THE CLASS OF "TEMPORARY EMPLOYEES" AS DEFINED IN THE APPLICABLE LEAVE REGULATIONS, IT FOLLOWS THAT HE IS NOT WITHIN THE CLASS OF "TEMPORARY EMPLOYEES ENGAGED ON CONSTRUCTION WORK AT HOURLY RATES" AND, THEREFORE, IS ENTITLED TO LEAVE UNDER THE APPLICABLE LAW AND REGULATIONS.
FURTHER, IT MAY BE STATED THAT THE AUTHORITY TO RETURN EMPLOYEES TO THE UNITED STATES FROM POSTS OF DUTY OUTSIDE THE UNITED STATES UPON RELIEF FROM SUCH DUTY IS CONTAINED IN SECTION 3(A) OF THE ACT OF JUNE 5, 1942, PUBLIC LAW 580, 56 STAT. 314, WHICH PROVIDES:
"SEC. 3(A) THAT THE SECRETARY OF WAR IS HEREBY
AUTHORIZED TO EFFECT APPOINTMENTS OF CIVILIAN EMPLOYEES
IN THE UNITED STATES, OR TO EFFECT THE TRANSFER OF SUCH
EMPLOYEES IN THE FEDERAL SERVICE IN THE UNITED STATES,
FOR DUTY AT ANY POINT OUTSIDE THE CONTINENTAL LIMITS
OF THE UNITED STATES OR IN ALASKA AT WHICH IT MAY BE
FOUND NECESSARY TO ASSIGN SUCH CIVILIAN EMPLOYEES, AND TO
PAY THE COSTS OF TRANSPORTATION OF SUCH EMPLOYEES FROM
THE PLACE OF ENGAGEMENT IN THE UNITED STATES, OR FROM
THE PRESENT POST OF DUTY IN THE UNITED STATES OR IN ALASKA,
IF ALREADY IN THE FEDERAL SERVICE, TO THE POST OF DUTY
OUTSIDE THE UNITED STATES AND RETURN UPON RELIEF THEREFROM,
AND TO PROVIDE FOR THE SHIPMENT OF PERSONAL EFFECTS OF
PERSONS SO APPOINTED OR TRANSFERRED FROM THE PLACE OF
ENGAGEMENT OR TRANSFER TO THE POST OF DUTY OUTSIDE THE
CONTINENTAL UNITED STATES OR IN ALASKA AND RETURN UPON
RELIEF THEREFROM." UNDER THAT SECTION, ANY EMPLOYEE, WHO HAS AGREED TO ENTER SERVICE OUTSIDE THE LIMITS OF THE CONTINENTAL UNITED STATES FOR A CERTAIN PERIOD UNDER AN AGREEMENT THAT HE WILL BE RETURNED TO THE UNITED STATES AT GOVERNMENT EXPENSE UPON COMPLETION OF THE AGREED PERIOD OF SERVICE, MAY BE RETURNED TO THE UNITED STATES AT GOVERNMENT EXPENSE UPON COMPLETION OF THE AGREED PERIOD OF SERVICE. WHEN THE AGREED PERIOD OF SERVICE HAS BEEN COMPLETED, IT IS IMMATERIAL WHETHER THE EMPLOYEE IS BEING RETURNED FOR THE PURPOSE OF TAKING LEAVE, EITHER WITH OR WITHOUT PAY, IN THE UNITED STATES, OR FOR THE PURPOSE OF BEING SEPARATED FROM THE SERVICE; AND IF HE HAS RETURNED TO THE UNITED STATES FOR THE PURPOSE OF TAKING LEAVE, HE THEREAFTER MAY BE RETURNED AT GOVERNMENT EXPENSE TO THE POST OF DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES UNDER RENEWAL OF THE PRIOR AGREEMENT. PAYMENT OF SALARY IS PROPER - IN ACCORDANCE WITH THE TERMS OF THE EMPLOYMENT AGREEMENT - FOR THE TIME NECESSARILY INVOLVED IN RETURNING TO OR GOING FROM THE UNITED STATES.
IN VIEW OF THE FOREGOING PAYMENT ON THE VOUCHER SUBMITTED BY MR. MCCANN IS AUTHORIZED, IF OTHERWISE CORRECT.
THE VOUCHER AND RELATED FILE ARE RETURNED HEREWITH.