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B-191012 1 (1978-05-17)

handle is hein.gao/gaobadgae0001 and id is 1 raw text is: 






                                         THE COMPThOLLER ONERNAL        $6
                DECI1l3N      .F .u   THEu ltITRO D TAY '
                                         WASHINGTON, D.C. EC8S



                FILE:    -191012              DATE: Ihy 1T, I2ry8
                MATTER  OF: Fred Gutierrez - Transportation Agreement

                DIGEST: Employee of Government contractor on Guam,
                        who was suLaequently hired by Navy, is
                        entitled to a transportation agreement.
                        Navy granted him nonforeign post differential
                        on basis of examples of eligible classes in
                        Federal Peraonnel Manual which include virtually
                        sane clarses eligible for issuance of a trans-
                        portation iqreement in Volume 2 of Joint Trsvel
                        Regulations.

                     By a lettet dated December .8, 1977, Mr. Louis T. Shook
                of the U.S. Naval Station, Guam, K.!., requested a decision
                on the entitlement of Mr. Fred Gutie:rez to a transportation
                agreement in connection with his enployment by the Naval
                Shore Electronics Engineering Aztivity (NAVSEEACT) on Guam.

                    lhe  record shows that in 1973 Mr. Guilerrez was sent
                -to Guam as an employee of the Bunker-Rame Corporation,
                a Government contractor. He was subsequently hired by
                NAVSEEACT as a local hire on February 4, 1974, as an
                Electronics Engineer. Later Mr. Gutierrez requested
                a transportation agireement anC nonforeign post differential.
                Him request was deided. Howevery con appeal the Civilian
                Perconnel Office (CPO), Department of the Navy, Washington,
                D.C., determined that Mr. Gutierrez was entitled to a
                nonforei n post differential. At the same time CPO directed
                that NkVSEEACT request a decision from the General
                Accounting Office with regard to Mr. Gutierrez' right
                to a transportation agreement.

                     Mr. Gutierrez' entitlement to a transportation agreement
                in governed by paragraph C4002-3 of volume 2, Joint Travel
                Regulations (JTP) which states in part as follows:

                     u3.  OVERSEAS LOCAL HIRES

                          8a.  General.  Overseas local commanders in
                          foreign areas will negotiate an initial
                          agreement with a locally hired employee if
                          the conditions in subpar. b are met. Local
                          commanders in nonforeign areas will negotiate





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