GENERAL COUNSEL'S OPINION NUMBER 54-2, DATED 22 DECEMBER 1954

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-05844A000100070066-2
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 2
• Document Creation Date: December 12, 2016
• Document Release Date: August 11, 2000
• Sequence Number: 66
• Publication Date: December 22, 1954
• Content Type: MISC

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OGC HAS REVIEWED.
The Agency may not pay the cost of returning
an employee to his place of residence when,
after his completed home leave and reassign-
went to a departmental position, he subse-
quentLy resigns.
TO EK/ADMINISTRATION
1. You have requested our opinion as to whether the payment of Mr.
D's travel expenses from his place of residence to headquarters and re-
turn may be authorized, in view of his impending resignation.
2. The facts submitted indicate that Mr. D, together with his
family, was returned to the United States for leave and reassignment
in accordance with Area Division Travel Order dated 8 November 1954 which
read: "S-, A-- to Washingtin, D. C. 5 days TDY; to N-, Washington 6 weeks
home leave; to Washington, D. C. PCS"; that upon reporting into head-
quarters D was advised that he might better utilize his leave time in se-
curing employment elsewhere, inasmuch as his reassignment within the Agency
was dpubtful; that upon completion of leave, D returned to headquarters
on 22 November and after further consultation decided to resign; and that
by amendment, dated 29 November, the original travel order was modified
by the addition of "and resignation to N-, Washington".
25X1A
. On the basis of the
3 provisions of 0 par. 5, which author-
ize, upon completion of an overseas assignment, the payment of an employee's
travel expenses to his place of residence and thence to his post of duty,
and in view of the fact that D perfected his PCS assignment prior to the
amendment of 29 November, we believe that payment of his travel expenses from
N-, Washington (his place of residence) to Washington, D. C. (his post of
duty) may be authorized. We think differently, however, with respect to
= the travel expenses he may incur in returning to N-, Washington, subsequent
to his resignation here at headquarters.
4. It is well established that in the absence of specific legislative
authority an employee may not be furnished transportation from his place of
duty to his residence. The reason being that such travel cannot be deemed
to be related to official business. In this connection see 16 Comp. Gen.
64. We think that this rule also precludes the payment of D's return travel
to his residence upon resignation, since it is manifest that such travel
would in no wise be related to official business.
Approved For Release 2002/05/06 : CIA-RDP78-05844A000100070066-2
 S CRET
Approved Forleas?0 ij-~7f{7~ 140100070066-2
6. In connection with the general matter of granting leave in the
United States upon complqtion of our abroad, we invite attention to the 25X1A
provisions of par. 5-c o hich indicate that such leave should
not be authorized in the absence of there being a reasonable expectation
that the employee will continue in the service of the Agency.
7. The papers are returned.
LAWRENCE R. HOUSTON
FOIAb3b General Counsel