About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-197205 1 (1980-05-16)

handle is hein.gao/gaobadigp0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. D.C. 20549 FILE: B-197205 MATTER DIGEST: DATE: May 1b, 19dO OF: Rafael F. Arroyo -[ntitlement to Home Leave TraveB-Place of Actual Residence Correction of error in overseas transfer agreement may be made when clearly shown that place of actual residence was other than the place named in the agreement. Place of actual residence at time of transfer must be determined by agency on basis of all available facts. Since record does not clearly show why FAA corrected residence determination, the agency should make factual determination on employee's residence. If agency determines employee's residence is Miami, Florida, he is entitled to home leave and round-trip travel expenses, if otherwise proper. The issue to be decided here is whether an employee's post of duty in Miami, Florida, prior to his transfer to Puerto Rico is to be considered his place of actual residence for travel at Government expense for home leave purposes under the provisions of 5 U.S C. § 5728(a) (1978). OD This decision is in response to a et, pursuant to 4 C. F. R. 5 21 (1979), from the Professional Air Traffic Con-C trollers Organization (PATCO) concerning the entitlement of Rafael F. Arroy oto biennial travel and home leave. Although a representative of the Federal Aviation Administration (FAA)4{CoN o was served with a copy of the union's request,, the agency has not responded. Thus, our decision is based on the facts as provided by the PATCO. On January 1, 1969, Mr. Rafael F. Arroyo entered into Government service as a GS-5 AC&W Operator, Puerto Rico Air National Guard, at the Punta Salivas Radar Site in Puerto Rico. On September 2, 1969, Mr. Arroyo was selected for a career-conditional appointment with FAA as an Air Traffic Control Specialist, GS-6, with a duty assignment at the San Juan, Puerto Rico, Air Route Traffic Control Center. Mr. Arroyo was considered as a local hire and his Standard Form 50 states that he was ineligible for round-trip travel. On January 4, 1976, Mr. Arroyo was promoted under the agency's merit promotion program to an Air Traffic Control Specialist, GS-13, and given lI2~24

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most