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B-209292 1 (1983-02-01)

handle is hein.gao/gaobadkvx0001 and id is 1 raw text is: o ' THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATED WASHINGTON. D. C. 20548 FILE: B-209292 DATE: February 1, 1983 MATTER OF: Educational Travel Expenses DIGEST: 1. Since entitlement to educational travel expenses under 5 U.S.C. S 5924(4)(B) is limited to travel to and from a univer- sity in the United States employee is not entitled to expenses for dependents' travel between his overseas duty station and the Munich, Germany, campus of the University of Maryland. 2. Indebtedness for educational travel expenses erroneously paid under 5 U.S.C. S 5924(4)(B) may not be waived since travel and transportation expenses and allowances are specifically excluded from the waiver authority of 5 U.S.C. § 5584. The fact that section 5924 is entitled Cost-of-living allowances, does not change the character of the travel expense payments authorized by that section. We have been asked by a finance and accounting officer to determine whether a Department of Defense employee sta- tioned overseas was properly paid travel expenses under 5 U.S.C. § 592,4(4)(B) in connection with his dependents' travel to and from the Munich, Germany, campus of the Uni- versity of Maryland. If the travel expense payments were not proper, we are asked whether the erroneous payments may be waived under 5 U.S.C. 9 5584. Finally, if waiver is found to be inappropriate, we are asked to consider report- ing the case to Congress as a meritorious claim under 31 U.S.C. § 3702(d) (formerly 31 U.S.C. § 236). Since travel costs are payable under 5 U.S.C. § 5924(4)(B) only for dependents' travel to attend school in the United States, the employee was improperly reimbursed for his children's travel to and from Munich. Erroneous payments of travel expenses may not be waived. Further, we do not find that the claim contains such elements of legal liability or equity as would warrant submission to Congress as a merito- rious claim. The case submission indicates that the employee con- cerned was czpie:ing an overseas assignmernt. Jpon being

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