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B-190590 1 (1979-02-21)

handle is hein.gao/gaobadgym0001 and id is 1 raw text is: I 0%(P(V MATTER DIGEST: THE COMPTROLLER G oENbRAL . /2l. OF THE UNITEOD STATES - WASHINGTON, D.C. 20540 OATE: February 21, 1979 OF: Mr. Chester E. Whitcomb - Home leave travel expenses Employee was appointed by the Navy in Hawaii froma local register and advised that he was a local-hire and not entitled to tour renewal agreement travel. The agency had authority to deny such travel to local hires under applicable regulations (now FTR para. 2-1.5h (J(b)(iii)). The fact that he was ippointed without break in service from an agency in which eligibility to this travel had.been gianted (but fot used) is not.,controlling. Further the determination of entitlement by that agency appears questionable since return from leave must be based on employee's actual residence at time of appointment not his home of record. This action is inaresponse to a letter dated October 3, 1978, froni Mr. Chester E. Whitcomb, an employee of theU.5-. -Navy; which constitutes an appeal of action by our Claims Division dated August 23, 1977, disallowing his claim for reimbursement of travel expenses incident to returning to the continental United States from Hawaii for home-leave during the years 1970, 1972, and 1974. After retirement from the United States Coast Guard on Sep t er 1, 1963, Mr. Whitomb was employed y the Department of theInit'6tior, Bureau of Fishertis, in Hawaii from October 31, 1963, un'Whe transferred to the Federal Communications Commission (FCC) on Febriary 1, 1965. After inquiring-in August 1966 as to his elfibility for pdyment-of transp6rtation expenses to the confi!enhI1 Unite'd States for leave purposes,'he submitted infor- matin inicating that his'place-of residence was Somerville, Massachusetts, and his temporary address was Kailua, Hawaii. He further submitted a statement dated September 22, 1966, that he agreed to remain.!in his job for a period of 2 years after return from the mainland on paid leaVe. Thereafter, he was notified on September 27, 1966, of his eligibility for consideration for paid leave to the continental United States (Somerville, Massachusetts) upon completion of his 2-year tour of duty. On July 14, 1966, hewas I DECISION FILE: B-190590

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