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B-188096 1 (1977-04-06)

handle is hein.gao/gaobadeer0001 and id is 1 raw text is: 

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5 1102 5 1310


THE  COMPTROLLER CENBEMAL
OP   THE UNITED *TATEU
WA3HINGTON. 0.C. 2054


FILE:


3-188096


DATE:   April 6, lfl


MATTER OF: George S. Barnard - Travel - Immediate   Family


DIGEST:


Employee of Internal Revenue Seryice stationed in
Mexico City, 14dico, may be reimbursed for home
leave travel of divorced 28-year old daughter since
she is member of his household, unmarried and
incapable of supporting herself because of mental
illness and, therefore, is member of employee's
immediate family as defined by FTR para. 2-1.4d.
Howevar, grandson's travel expenses are not
reimbursable although employee is guardian, since
such chIld is not member of immediate family under
FTR definition.


     By a letter dated Decamber 28, 1976, Ms. Mary E. Wills  an
authorized certifying officer of the Internal Revenue Service,
Department of the Treasury,requests an advance decision regarding
the claim of Mr. George S. Barnard for travel expenses of his
daugnter and grandson incurred incident to his home leave.

     The record shows that Mr. Barnard, an employee of the
Internal Revenue Service in Mexico City, Mexico, took home leave
in September 1976.  He claims transportation for his 28-year
old divorced daughter and his 9-year old grandson, who accompanied
him and are meabers of his household. His daughter is suffering
from a mental illness. Mr. Barnard is the legal guardian of his
grandson.  The certifying officer inquires as to whether the travel
expenses of the daughter and grandson mAy be paid.

     In submitting his claim Mr. Barnard cited paragraph 117k(2),
volume 6, of the Foreign Affairs Manual, which defines children
to include those under the legal guardianship of the employee.
The Foreign Affairs Manual is,in general, applicable only to
Foreign Service employees of the Department of State. See 6 FAX
110-113.  Although Mr. Ifarnard's duty station is outside the
continental United States, he is an employee of the Internal Revenue
Service and the record indicates that his travel enLitLements are
governed by the provisions of the IR Manual and the Federal Travel
Regulations,.not the Foreign Affairs Manual.


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