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Overseas employees-Continued

Home leave-Continued

To other than residence-Continued

in any one of 50 States, including State in which stationed, or Dist. of
Columbia. However, regulations do not provide for travel to various
locations for personal reasons, and election of alternate leave location
should be specified in advance of travel, with reimbursement to employee
restricted to actual cost, not to exceed constructive cost to place of
actual residence. 37 Comp. Gen. 119, distinguished....

Locally hired

Return travel

Upon separation from service, overseas employee hired locally without
employment agreement, although granted allowance for cost of home
leave travel after entering into written agreement for another period of
service under Bur. of Budget Cir. No. A-56 in effect prior to Oct. 12,
1966 revision, is not entitled to travel and transportation expenses,
agreement for home leave travel not in itself creating entitlement to
travel expenses upon separation from service, absent written agreement
obligating Govt. to assume expenses---

Return for other than leave

Retirement, etc.

To place other than residence

Employee stationed in Alaska or Hawaii whose place of residence at
time of appointment is located in another of 50 States or Dist. of Colum-
bia may be authorized travel and transportation upon separation to
another location in any one of 50 States or Dist. of Columbia, provided
allowable expenses do not exceed constructive cost to place of actual
residence. Overrules B-156524, May 20, 1965----


Prior to transfer

When employee of department or agency under Dept. of Defense
upon satisfactorily completing overseas tour of duty returns to U.S.
for separation and transfer to another department or agency in Defense
Dept., activity losing services of employee is liable for expenses incurred
by employee in travel to place of actual residence or some other selected
point in U.S. not to exceed construction cost of travel to place of actual


Payment basis

Activity acquiring services of employee who upon return to U.S.
after satisfactorily completing overseas tour of duty transfers between
different departments or agencies under Dept. of Defense without break
in service is liable for travel expenses of employee from place of actual
residence or other selected point to new duty station, allowable cost
not to exceed cost of direct travel from old to new duty station, less
cost incurred by losing agency for return travel. However, in event of
break in service between separation from losing agency and transfer to
acquiring agency, neither agency may pay employee's expenses from ac-
tual place of residence to duty station under new agency, unless em-
ployee qualifies for entitlement under some special authority, such as
is contained in 5 U.S.C. 5723 authorizing payment of travel and transpor-
tation expenses when a manpower shortage exists....








Overseas employees-Continued

Agency within United States

When employee upon satisfactorily completing tour of duty overseas
and prior to return to U.S. transfers between different departments or
agencies under Dept. of Defense for employment in U.S., department
or agency in Defense Dept. from which employee transfers is precluded
under 5 U.S.C. 5724(e) from paying any part of return travel or trans-
portation expense of employee, whether employee qualifies under 5
U.S.C. 5722(a) or 5 U.S.C. 5724(d) for return expenses__


Dependents aboard commercial vessels

Per diem allowances prescribed in par. M4253-4 of Joint Travel
Regs. for transoceanic travel aboard commercial vessels inadequate to
reimburse members of armed services for tipping expenses incurred by
or on behalf of dependents traveling on commercial vessels, Secretaries
concerned under authority in 37 U.S.C. 406, to prescribe regulations for
reimbursement of travel expenses of dependents on basis of same ele-
ments of cost authorized for members themselves as reimbursable
transportation expenses, may amend regulations to provide for reim-
bursement to members for tipping expenses incurred by or for depen-
dents aboard commercial vessels, per diem paid to member for trans-
oceanic travel covering incidental expenses such as tipping----.

Retransfers immediately, etc.

Although employee who had executed agreement to remain in Govt.
service for 12 months incident to agency transfer, voluntarily returned to
former agency within week, alleging position dissimilarity, may be re-
imbursed by agency acquiring services for short period of time for travel
and transportation expenses incurred, agreement requiring only 12
months of Govt. service. However, agency to which employee returned
should be informed of agreement in event it should be violated, and
future agreements to avoid similar situation should require agreed period
of service incident to transfer to be performed under particular agency--

Agency v. Attorney General authority to pay

Payment of travel expenses of officer or employee of Govt. appearing
as witness on behalf of U.S. is governed by regulations of agency in which
employed only if case involves activity in connection with which individ-
ual is employed or is serving and expenses are properly payable from ap-
propriation available to agency, otherwise pursuant to 28 U.S.C. 1823(a),
payment of travel expenses of a witness comes under regulations pre-
scribed by Attorney General. Therefore, Joint Travel Regs. may not be
revised to authorize payment of travel expenses of member of uniformed
services appearing as witness for Govt. not by reason of military status
but by reason of Govt.'s requirement in its civil capacity..







Civilian personnel



Mandatory percentage increases in uniform allowances in effect Apr. 1,
1966, provided by sec. 407(b) of Federal Salary and Fringe Benefits Act
of 1966, 5 U.S.C. 5901, applying equally to initial and annual replace-
ment uniform allowances, should head of agency determine to continue
to pay uniform allowances instead of furnishing uniforms in kind as be-
ing in interest of Govt., "replacement" allowances in effect on Apr. 1,
1966, are required to be increased-not to exceed $125-by percentages
prescribed in section__---

Purchases by employees


Cost of purchasing special uniforms by civilian nursing assistance and
diet workers at Air Force Hospital is not reimbursable under 5 U.S.C.
118g, authorizing special clothing and equipment in kind and not clothing
or uniform allowance. Procurement of uniforms for employees is matter
within discretion of each base command, subject to availability of opera-
tional and maintenance funds, and fact that uniforms are not issued does
not authorize employees to purchase them and to be reimbursed. Failure
on part of management to furnish uniforms, or on part of employees to
secure them, creates no obligation on Govt. to pay monetary allowance
provided by 5 U.S.C. 2131 to employee purchasing uniforms, expenditure
of personal funds constituting employee volunteer who may not be re-
imbursed from Govt. funds..

Military personnel





Additional allowance

Entitlement to initial allowance

Reserve captain, distinguished military graduate of AFROTC, ordered
to extended active duty and paid initial $200 uniform allowance, re-
covered from him upon appointment as 2nd lieutenant in Regular AF
prior to completion of 90 days' service prescribed for entitlement to
allowance, and repaid to him pursuant to Pub. L. 88-618, dated Oct. 3,
1964, validating uniform allowance payments to distinguished military
graduates, on basis of record correction to show 90 days' service as
reservist may not be allowed additional $100 uniform allowance author-
ized under 37 U.S.C. 255(c) upon each entry or reentry on active duty
for more than 90 days, record correction delaying effective date of
officer's acceptance of Regular commission not establishing right to
initial uniform allowance, repayment of which would not have been made
without benefit of 1964 act, there is no basis for payment of additional
uniform allowance to officer..


Saved pay and allowances election

Enlisted member of uniformed services temporarily appointed to
rank of warrant officer under 10 U.S.C. 5596, who elects to receive saved
pay and allowances of enlisted grade is entitled to initial uniform al-
lowance authorized by 37 U.S.C. 415(e) for officers. Uniform allowance
a special allowance that is not part of basic pay and allowances of either



Military personnel-Continued



Saved pay and allowances election-Continued

saved pay or officer pay and therefore not for consideration in making
comparison contemplated by 10 U.S.C. 5596(f) between monthly basic
pay and allowances of member's permanent enlisted grade and temporary
officer grade, but intended as reimbursement for uniforms required to be
worn as temporary officer, is payable without regard to pay and allow-
ances elected by member temporarily appointed to officer grade______

Federal service

Employee expense reimbursement

Travel expenses of employee organization representatives to attend
employee-management meetings when supported by certification of pri-
mary interest of U.S., accompanied by brief explanation of basis for
certification, prepared in accordance with proposed guidelines estab-
lishing standards for reasonable and uniform exercise of discretionary
administrative authority to fulfill objectives contemplated by E.O.
No. 10988, will not be questioned in absence of misrepresentation,
bad faith, or arbitrary action in making prescribed certification. Modi-
fies 44 Comp. Gen. 617; 45 id. 454; B-156287, dated September 23, 1965.

Parking fees. (See Fees, parking)

Proof of payment by employee

Invoices submitted by employee for rental of two automobiles on
official business may not be accepted as "receipts" under sec. 11.1 of
Standardized Govt. Travel Regs. absent indication of payment, in-
voices indicating credit was extended to employee on basis he was
traveling on official business and was authorized to lease vehicle, Govt.
could be held liable in event of nonpayment by employee. Therefore,
as invoices are not "receipts," reimbursement may not be made until
employee furnishes satisfactory evidence of payment of charges----


Use. (See Transportation, vessels, foreign)
Purchase, requisition, etc.

Plating removal for return to Government

Propriety of award

Award of contract for purchase of condemned vessel stricken from
register of naval vessels for scrapping purposes only, pursuant to 10
U.S.C. 7305, subject to stripping of plating from vessel by purchaser,
cutting it into various sizes, and returning plating within 2-year period
after award to Dept. of Navy for transfer to Atomic Energy Commission
under 40 U.S.C. 483 was proper as it is in best interest of Govt. to
retain title to and reclaim plating rather than to sell it with vessel and
repurchase it on commercial market at higher price, or to arrange to
have plating removed and cut under separate contract prior to sale of








Hospitalization, etc.

Reduction of retirement pay

Under provisions of 38 U.S.C. 3203(a)(1) prescribing reduction of
retirement pay of military personnel furnished hospital treatment,
institutional or domiciliary care by Veterans Admin., when veteran is
granted authority to be temporarily absent from hospital on trial visit
for 30 days or more, payment of retirement pay in full amount is effective
day following date of departure from hospital, reduction of retirement
pay to recommence on date veteran returns to hospital, and before
veteran may be refunded amounts withheld from retirement pay upon
discharge or termination of treatment or care conditions specified in
sec. 3203 must be met...

Whether veteran receiving hospital treatment, institutional, or domi-
ciliary care by Veterans Admin. claims parent is partially dependent
upon him is subject to reduction in retirement pay requirement pre-
scribed for veterans without dependents pursuant to 38 U.S.C. 3203 (a) (1)
is for resolution on question of dependency, an issue for determination
by Administrator of Veterans Affairs in each individual case____

Retired member of uniformed services discharged from Temporary
Disability Retired List of his service while receiving hospital treatment
by Veterans Admin. and subject to retirement pay reductions under 38
U.S.C. 3203 (a) (1) should not be refunded retirement pay amounts with-
held from retirement pay until released from hospital...


Premium liability

Administrator of Veterans Admin. having established Sept. 29, 1965,
as effective date for Servicemen's Group Life Ins. benefits and provided
that all members of uniformed services on active duty for period of 31
days or more were automatically covered with $10,000 life insurance
until written notice of waiver or reduction is filed, waiver or reduction
to be effective as of month received-final and conclusive determina-
tion pursuant to 38 U.S.C. 785-officer waiving insurance coverage in
Oct. 1965 is nevertheless liable for cost of October premium, and law
not requiring premium deduction be made from pay for month during
which insurance is provided, fact that deduction was made from No-
vember pay of officer does not entitle him to refund of premium...............
Medical services



Simplification of procedure for providing fee-basis outpatient treat-
ment and other medical services to veterans with service-connected
disabilities by furnishing eligible veterans with identification (ID) cards
for presentation to physician is approved, ID card to contain expiration
date, veteran's name, signature, claim number and disabilities, together
with dollar limitation on medical costs and billing instructions, thereby
permitting medical costs to be charged to appropriation current at time
invoice is accepted by qualified employee, resulting in savings to Govt.
through elimination of offer and acceptance concept under old procedure
which created obligation on Govt. to pay at time medical services were






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