Skip to main content

B-159399, NOV. 30, 1966

B-159399 Nov 30, 1966
Jump To:
Skip to Highlights

Highlights

RAMSEY WAS NOMINATED AS A CLASS 6 OFFICER BY THE PRESIDENT AND BY AND WITH THE ADVICE AND CONSENT OF THE SENATE WAS APPOINTED AS SUCH OFFICER. IF A CERTIFICATION IS MADE BY THE DEPARTMENT THAT THERE IS NO EVIDENCE THAT MR. THAT THERE IS NO REASON TO BELIEVE THAT HE WOULD NOT EXECUTE THE AFFIDAVITS. WE WILL NO LONGER INTERPOSE OBJECTION TO MR. IS MODIFIED ACCORDINGLY.

View Decision

B-159399, NOV. 30, 1966

TO THE SECRETARY OF STATE:

WE REFER TO THE LETTER OF OCTOBER 28, 1966, FROM YOUR ACTING DEPUTY UNDER SECRETARY FOR ADMINISTRATION, CONCERNING THE CASE OF MR. DOUGLAS K. RAMSEY, FOREIGN SERVICE OFFICER, CLASS 7, WHO HAS BEEN PLACED IN A MISSING STATUS UNDER THE MISSING PERSONS ACT OF 1942, AS AMENDED, INCIDENT TO HIS ABDUCTION BY ENEMY FORCES IN VIETNAM.

WE UNDERSTAND THAT MR. RAMSEY, PRIOR TO HIS ABDUCTION, HAD BEEN RECOMMENDED FOR PROMOTION TO FOREIGN SERVICE OFFICER, CLASS 6. THEREAFTER, AND SUBSEQUENT TO HIS HAVING BEEN PLACED IN A ,MISSING" STATUS, MR. RAMSEY WAS NOMINATED AS A CLASS 6 OFFICER BY THE PRESIDENT AND BY AND WITH THE ADVICE AND CONSENT OF THE SENATE WAS APPOINTED AS SUCH OFFICER.

BECAUSE OF HIS MISSING STATUS MR. RAMSEY HAS BEEN UNABLE TO EXECUTE THE OATH OF OFFICE AND AFFIDAVITS REQUIRED BY STATUTE AND REGULATION (3 FAM 124 (FOREIGN SERVICE) ( AS CONDITIONS PRECEDENT TO HIS RECEIPT OF THE SALARY AS A CLASS 6 OFFICER.

THE ACTING DEPUTY UNDER SECRETARY FOR ADMINISTRATION POINTS OUT THAT IN THE CAREER SERVICE A FOREIGN SERVICE OFFICER SERVES UNDER A RANK IN-PERSON SYSTEM RATHER THAN AS AN APPOINTEE TO A PARTICULAR OFFICE. ALSO, HE SUGGESTS THAT UNDER THE PROMOTION SYSTEM IN USE, I.E., BY RECOMMENDATION OF A SELECTION BOARD COMPOSED OF PRIVATE CITIZENS, OFFICERS AND EMPLOYEES OF AGENCIES OTHER THAN THE FOREIGN SERVICE AND FOREIGN SERVICE PERSONNEL OF HIGHER RANK, BASED ENTIRELY ON AN OFFICER'S PERFORMANCE RECORD, THE POSSIBILITY OF AN OFFICER OBTAINING A PROMOTION THROUGH IMPROPER METHODS WOULD BE EXTREMELY REMOTE. FURTHER, HE SAYS THAT MR. RAMSEY, UPON HIS APPOINTMENT TO THE FOREIGN SERVICE AND AGAIN UPON HIS PROMOTION TO CLASS 7, HAD EXECUTED STANDARD FORM 61A WHICH CONTAINS THE OATH AND AFFIDAVITS REQUIRED BY STATUTE.

UPON FURTHER CONSIDERATION OF MR. RAMSEY'S CASE, WE HOLD THAT A REASONABLE BASIS EXISTS FOR THE VIEW THAT TO DENY COMPENSATION PAYMENTS OTHERWISE DUE UNDER THE MISSING PERSONS ACT ON THE BASIS OF THE STATUTORY AND REGULATORY REQUIREMENTS HERE IN QUESTION AFFECTING THE PROMOTIONS OF FOREIGN SERVICE OFFICERS WOULD TEND TO PARTIALLY DEFEAT THE PURPOSE OF THAT ACT. IN THAT REGARD WE NOTE THE BROAD AUTHORITY VESTED IN DEPARTMENT HEADS, OR THEIR DESIGNEES, CONCERNING ENTITLEMENT TO PAY OF PERSONS UNDER THE MISSING PERSONS ACT, AS AMENDED, 50 U.S.C. APPENDIX 1002, 1009. THEREFORE, IF A CERTIFICATION IS MADE BY THE DEPARTMENT THAT THERE IS NO EVIDENCE THAT MR. RAMSEY, IF PRESENT, COULD NOT NOW EXECUTE THE AFFIDAVITS ON STANDARD FORM 61A WITHOUT BEING IN VIOLATION OF THE PROVISIONS THEREIN, AND THAT THERE IS NO REASON TO BELIEVE THAT HE WOULD NOT EXECUTE THE AFFIDAVITS, WE WILL NO LONGER INTERPOSE OBJECTION TO MR. RAMSEY'S ACCOUNT BEING CREDITED WITH THE SALARY OF A FOREIGN SERVICE OFFICER, CLASS 6, IF OTHERWISE PROPER.

OUR DECISION OF JULY 21, 1966, TO YOUR CERTIFYING OFFICER, MR. BOEHM, IS MODIFIED ACCORDINGLY.

WE SUGGEST, HOWEVER, THAT SINCE SIMILAR CASES MAY ARISE IN THE FUTURE AND IN VIEW OF THE APPARENT CONFLICT BETWEEN THE MISSING PERSONS ACT REQUIREMENTS AND THOSE IN 5 U.S.C. 3331, 3332, 3333, 5507 AND 7311, YOUR DEPARTMENT TAKE STEPS TO OBTAIN LEGISLATION IN THE 90TH CONGRESS WHICH SPECIFICALLY WAIVES THE OATH AND AFFIDAVIT REQUIREMENTS IN QUESTION IN THE CASES OF PERSONS DECLARED TO BE IN A MISSING STATUS AND OTHERWISE ENTITLED TO THE BENEFITS OF THE MISSING PERSONS ..END :

GAO Contacts

Office of Public Affairs