inactive service may not be used to increase his pay. No mention is made in the decisions cited by you of the creditability of inactive service as an appointive aviation cadet for longevity pay purposes and those decisions may not be considered as authority for giving credit for such service.

[B-146578]

Station Allowances-Military Personnel-Termination-Member's Departure Prior to Dependents

A revision of the Joint Travel Regulations which would give a member of the uniformed services who is detached from an overseas station under permanent change-of-station orders with temporary duty en route to a new duty station a right to continuation of station allowances until his dependents depart after the member's departure from the old station but prior to the effective date of the change-of-station orders is proper provided that, if the member is in a per diem status after his departure from the old station, the temporary lodging allowance should be reduced by that part of the allowance applicable to the member himself.

To the Secretary of the Army, August 24, 1961:

Reference is made to your letter dated July 18, 1961, requesting decision on proposed revisions of paragraphs 4301-3a and 4303–2c of the Joint Travel Regulations pertaining to housing and cost-of-living and temporary lodging allowances to members with dependents on duty outside the United States. Your request was reviewed by the Per Diem, Travel and Transportation Allowance Committee and assigned PDTATAC Control No. 61-11.

You state that the current regulations provide that entitlement to station allowances terminates on the day prior to the day of departure of the member from his old permanent duty station in compliance with permanent change-of-station orders. It is pointed out, however, that in certain instances a member is required to perform temporary duty en route to his new duty station and departs prior to his dependents. Since transportation of dependents to the temporary duty station is not authorized and a right to their transportation does not arise until the effective date of the orders, you express the view that the regulations are too restrictive and should be amended to extend the right to station allowances to the day prior to departure of dependents, or the effective date of orders, whichever is earlier. Accordingly, it is proposed to revise paragraphs 4301-3a and 4303-2c, Joint Travel Regulations, the proposed additions being italicized as follows:

Par. 4301-3a Revised

3. CONDITIONS UNDER WHICH PAYABLE

a. General. When a member without dependents is entitled to travel per diem or mileage on the day of initial arrival at his permanent duty station, entitlement to housing and cost-of-living allowances begins on the day following the day of arrival. In other cases, entitlement begins on the day of arrival of the member or the day of arrival of his dependents as prescribed in subpar. 4. Entitlement

terminates on the day prior to the day of departure of the member in compliance with permanent change-of-station orders; except, when the dependents remuin after the departure of the member, entitlement terminates on the day prior to the day of departure of the dependents or the effective date of the permanent change-of-station orders, whichever is earlier.

Par. 4303-2c Revised

2. CONDITIONS UNDER WHICH PAYABLE

c. Allowances Upon Departure. The period of entitlement upon departure will be the last 10 days preceding the day of departure of the member from his permanent duty station in compliance with permanent change-of-station orders; except, when the dependents remain after departure of the member, the period will be the last 10 days preceding the day of departure of the dependents or the effective date of the permanent change-of-station orders, whichever is earlier. Section 303 (b) of the Career Compensation Act of 1949, 63 Stat. 814, 37 U.S.C. 253 (b), provides as follows:

Without regard to the monetary limitations in this chapter, the Secretaries of the uniformed services may authorize the payment to members of the uniformed services on duty outside the continental United States or in Alaska, whether or not in a travel status, of a per diem considering all elements of cost of living to members and their dependents, including the cost of quarters, subsistence, and other necessary incidental expenses: Provided, That dependents shall not be considered in determining per diem allowances for members in a travel status. Pursuant thereto, part G, chapter 4 of the Joint Travel Regulations sets out the provisions for station allowances for members on permanent duty outside the United States. Paragraph 4301-3a of the regulations as presently in effect provides that entitlement to housing and cost-of-living allowances begins on the day of arrival of the member or his dependents as prescribed in that paragraph. Subparagraph 4 provides for entitlement to a member with dependents, whose dependents arrive at or in the vicinity of the member's new permanent duty station outside the United States prior to the member, but on or after the effective date of orders directing permanent change of station. Paragraph 4303-2b provides for temporary lodging allowances commencing under the same conditions as provided for housing and cost-of-living allowances, including that provision pertaining to advance arrival of dependents. As to the right to such allowances upon departure, paragraph 4301-3a provides for termination of housing and cost-of-living allowances on the day prior to the day of departure of the member in all cases, while paragraph 4303-2c permits a period of entitlement upon termination of assigned or rented quarters, limited to the last ten days preceding the day of departure of the member from his permanent duty station in compliance with permanent change-of-station orders.

The term "effective date of orders" is defined in paragraph 3003 1b, Joint Travel Regulations, as the date of the member's relief (detachment) from the old station, except when orders involve temporary duty in one or more places en route to a permanent station in a nonrestricted area, the effective date, for the purpose of dependents' travel and shipment of household goods, is the date of relief (detachment)

from the last temporary duty station plus leave, delay, or additional travel time allowed, authorized to be taken after such detachment. If such orders involve temporary duty en route to a permanent duty station in a restricted area, the effective date is the date of relief from the old station plus leave, delay, etc., allowed to be taken prior to the member's reporting to the first temporary duty station.

We have held that station allowances outside the United States arise only by virtue of permanent duty assignment outside continental United States or in Alaska. See 38 Comp. Gen. 583 and B-143884, dated November 9, 1960. However, paragraph 4301-4, Joint Travel Regulations, currently in effect, makes provision for payment of station allowances to members whose dependents arrive at the permanent duty station prior to the member, provided the dependents arrive on or after the effective date of the change of station orders. In 40 Comp. Gen. 271, we held that a Navy member having dependents, who is ordered upon permanent change of station to a ship having a home port outside the United States and whose dependents arrive at the home port prior to the member, but on or after the effective date of change-of-station orders, is entitled to station allowance in accordance with the provisions of paragraph 4301-4 and also entitled to temporary lodging allowance, if otherwise qualified therefor. This allowance continues even if the member is in receipt of per diem for temporary duty en route, except that his right to temporary lodging allowance is reduced by that part of the allowance applicable to the member himself during the period that he is entitled to travel per diem. We believe a similar right may be conferred by regulations to provide for the continuation of such station allowances until the dependents depart after the member's departure from the old station, but prior to the effective date of the change-of-station orders. It is to be understood, however, that under the proposed revision, if the member is in a per diem status after his departure from the old station, the temporary lodging allowance should be reduced by that part of the allowance applicable to the member himself. Accordingly, we have no objection to the issuance of the proposed revised paragraphs.

[B-146493]

Travel Expenses-Overseas Employees-Home Leave-To Other Than Residence

The mere stopping off of an overseas employee at or near his place of residence in the United States incident to a global tour taken during a period of home leave may not be regarded as a return to the "place of actual residence for the purpose of taking leave" prior to serving another tour of duty overseas to be allowable travel within the meaning of section 7 of the Administrative Expenses Act of 1946, 5 U.S.C. 73b-3, and section 27(b) of Executive Order No. 9805 which restricts home leave travel to the country, territory or possession in which the employee's residence is located when the employee elects to travel to a place

other than his residence, and, therefore, none of the travel expenses incurred in connection with the trip may be paid by the Government.

Travel Expenses-Overseas Employees-Home Leave-Time at or Near Residence

An administrative regulation requiring overseas employees to spend a minimum amount of their home leave at their actual place of residence or at a previously indicated place within the country, territory, or possession in which their residence is located would be in accord with the purpose of the home leave provisions in section 7 of the Administrative Expenses Act of 1946, 5 U.S.C. 73b-3, which is to return overseas employees to their homeland for the purpose of taking leave at such location.

To the Secretary of the Army, August 25, 1961:

On July 19, 1961, the Under Secretary of the Army requested our decision concerning the authorization of reemployment leave travel and transportation expenses to locations other than the place of actual residence provided the cost does not exceed the cost of round-trip travel to the place of actual residence.

The Under Secretary presents the case of an employee who, upon completion of a prescribed tour of duty in Hawaii, executed an agreement for another tour of duty at the same overseas post. He thus was entitled to reemployment leave travel in accordance with the provisions of 5 U.S.C. 73b-3, reading in pertinent part as follows:

That expenses of round trip travel of employee and transportation of immediate family but excluding household effects, from their posts of duty outside the continental United States to the places of actual residence at time of appointment or transfer to such overseas post of duty, shall be allowed in the case of persons who have satisfactorily completed an agreed period of service overseas and are returning to their actual place of residence for the purpose of taking leave prior to serving another tour of duty at the same or some other overseas post, under a new written agreement entered into before departing from the overseas post. ***

Pursuant to travel orders dated March 24, 1960, authorizing the travel from Honolulu, Hawaii, to the continental United States by indirect route, but with costs limited to certain direct travel costs, the employee departed Honolulu on April 10, 1960, and arrived in New York City from London, England, on June 21, 1960. He left New York on the same day for Philadelphia, Pennsylvania, and departed Philadelphia at 8 a.m. on June 23, 1960, by commercial air transportation for San Francisco, California. He departed from San Francisco on June 24, 1960, via commercial air and arrived in Honolulu the same day. His place of residence at time of hire is shown as Washington, D.C.

You ask three specific questions as follows:

1. Does the travel performed constitute a "travel tour" within the meaning of your decision of 15 August 1957 (37 CG 113) ?

2. Where it is evident that the primary purpose of the travel is other than for a period of leave at place of actual residence or designated alternate location, is reimbursement for travel authorized? In this connection, since one of the purposes of reemployment leave travel between oversea tours is to reorient the employee in the ideals and customs of the United States, it appears desirable to administratively establish a minimum period of leave to be taken in the

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United States. Decision is also requested, therefore, as to whether there is any legal prohibition to the establishment of such a requirement by regulation.

3. If it is determined that the travel performed under the cited circumstances constituted reemployment leave travel, should reimbursement be effected for the cost of Government transportation available but not utilized from Hawaii to San Francisco and return in view of the limitation contained in the travel orders?

The provisions of 5 U.S.C. 73b-3, quoted in part above, which is the sole statutory authority for allowance of the costs of travel of the type here involved, do not specifically authorize payment of an employee's reemployment leave travel expenses except to his place of actual residence. The statute is implemented by regulations contained in section 27(b) of Executive Order No. 9805, as added by Bureau of the Budget Circular A-4, May 2, 1955, which permits payment of reemployment leave travel and transportation expenses to locations other than the place of actual residence but restricts such other locations to the country, territory, or possession in which the employee's place of actual residence is located. See 38 Comp. Gen. 631, and B-133696, September 23, 1957.

While the above-cited decisions preclude only the allowance of travel and transportation expenses to employees who spend their entire period of reemployment leave at places outside the country, territory, or possession in which their residences are located, the principle that allowable travel, under the statute, is for purposes of returning overseas employees to their homeland for the taking of leave thereat, reasonably could not be extended to the mere stopping off of an employee at or near his place of residence as an incidence of a global tour.

In view of that restriction in the statutory regulation, cited above, and the obvious intent of 5 U.S.C. 73b-3, none of the travel expenses incurred in connection with the trip in question may be paid by the Government. Question 1 and the first part of question 2 are answered accordingly.

Regarding the second part of question 2, we are not aware of any legal prohibition against the issuing of an administrative regulation requiring overseas employees to spend a minimum amount of their reemployment leave at their actual place of residence or at a previously indicated place within the country, territory, or possession of their residence.

In view of the above comments, no answer is necessary to the third question presented.

[B-136916]

Contracts-Data, Rights, Etc.—Use by Government

Where a negotiated contract under which the Government obtained a contractor's drawings and data was ambiguous because the applicable military specification current at the time of submission of the proposal provided that the contract was only for the purpose of examination and evaluation of equipment that was designed and perfected by the contractor, but the contract contained a general