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B-224780 1 (1987-02-24)

handle is hein.gao/gaobadmph0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof. Major Pablo Rodriguez, USA File: B-224780 Date: February 24, 1987 DIGEST In 1983 an Army officer stationed in Pennsylvania, whose permanent home of record is Puerto Rico, was authorized emergency leave for the purpose of returning to Puerto Rico to attend a funeral. Due to time constraints he was unable to use cost-free government air transportation, and instead he paid for commercial airline tickets to provide transpor- tation for himself and the members of his immediate family to Puerto Rico. Since the applicable statutes in effect in 1983 did not provide authority for reimbursement of travel expenses incurred by personnel of the uniformed services in such circumstances, his claim for reimbursement of the cost of the airline tickets may not be paid. In addition, the subsequent amendment of the applicable statutes in 1984 to provide authority for reimbursement of transportation expenses incurred in such circumstances does not provide a basis for allowing payment on the officer's claim, since the legislation cannot be applied retroactively. DECISION This action is in response to a request for reconsideration by Major Pablo Rodriguez of our Claims Group's October 17, 1983 disallowance of his claim for travel expenses. We affirm the disallowance of the claim. BACKGROUND In 1983 Major Pablo Rodriguez (then Captain Rodriguez), a member of the U.S. Army, was stationed at Tobyhanna Army Depot, Tobyhanna, Pennsylvania. On February 22, 1983, he wa notified of the death of his mother-in-law in Puerto Rico (his home of record). He applied for and was authorized emergency leave. He and his family returned to Puerto Rico. The emergency leave orders authorized space-available, cost-free qovernment air travel for Major Rodriguez and

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