B-129372, MAY 2, 1957

B-129372, MAY 2, 1957

TO MR. SERAFINO A. COCUCCI:

ON MARCH 13, 1957, YOU ADDRESSED TWO LETTERS TO OUR OFFICE. IN ONE, YOU REQUESTED RECONSIDERATION OF OUR SETTLEMENT OF NOVEMBER 14, 1956, WHICH DISALLOWED YOUR CLAIM FOR A REFUNDED OVERPAYMENT OF TEMPORARY LODGING ALLOWANCE IN THE AMOUNT OF $450.68 WHICH WAS MADE TO YOU AS AN EMPLOYEE OF THE AMERICAN BATTLE MONUMENTS COMMISSION. IN THE OTHER, YOU MADE CLAIM FOR REIMBURSEMENT OF TRAVEL EXPENSES INCURRED BY YOU IN RETURNING TO THE UNITED STATES AFTER THE TERMINATION OF YOUR EMPLOYMENT WITH THE COMMISSION. THIS REIMBURSEMENT WAS ADMINISTRATIVELY DENIED PURSUANT TO OUR DECISION OF NOVEMBER 14, 1956, B-129372, TO YOUR FORMER AGENCY, WHICH DECISION WAS BASED ON THE RECORD BEFORE US AT THAT TIME.

YOU INITIALLY WERE EMPLOYED BY THE COMMISSION AS SUPERINTENDENT OF THE U.S. MILITARY CEMETERY AT CARTHAGE, TUNISIA. BY ORDERS DATED AUGUST 13, 1954, YOU WERE RELIEVED FROM THIS DUTY AND APPOINTED SUPERINTENDENT OF THE U.S. MILITARY CEMETERY AT NETTUNO, ITALY. YOU REPORTED TO THIS NEW STATION ON SEPTEMBER 8, 1954. AT THE TIME OF YOUR ARRIVAL AT THE NEW STATION THE SUPERINTENDENT'S QUARTERS HAD NOT BEEN COMPLETED AND WERE NOT AVAILABLE FOR OCCUPANCY. THE OFFICER IN CHARGE OF THE AREA AUTHORIZED YOU A TEMPORARY LODGING ALLOWANCE OF $7.50 PER DAY PURPORTEDLY IN ACCORDANCE WITH THE STANDARDIZED REGULATIONS (GOVERNMENT EMPLOYEES, FOREIGN AREAS) ISSUED BY THE STATE DEPARTMENT. SUCH ALLOWANCE WAS PAID FOR THE PERIOD SEPTEMBER 12 TO DECEMBER 5, 1954. IT WAS SUBSEQUENTLY DISCOVERED THAT THE PAYMENT TO YOU OF A TEMPORARY LODGING ALLOWANCE WAS IMPROPER AND YOU WERE REQUIRED TO REFUND THE DIFFERENCE, $450.68, BETWEEN THE TEMPORARY LODGING ALLOWANCE AND THE LIVING QUARTERS ALLOWANCE TO WHICH YOU WERE ACTUALLY ENTITLED.

YOUR CLAIM FOR THE REFUNDED OVERPAYMENT OF TEMPORARY LODGING ALLOWANCE WAS DISALLOWED IN OUR SETTLEMENT OF NOVEMBER 14, 1956, BECAUSE UNDER THE LAWS AND REGULATIONS APPLICABLE TO THE AMERICAN BATTLE MONUMENTS COMMISSION THERE WAS NO AUTHORITY FOR YOU TO BE PAID A TEMPORARY LODGING ALLOWANCE. SECTION 1303 OF THE SUPPLEMENTAL APPROPRIATION ACT, 1955, 68 STAT. 828, IN EFFECT AT THE TIME, WHICH WAS A REENACTMENT OF SECTION 204 OF THE ACT OF APRIL 20, 1948, 62 STAT. 194, REFERRED TO IN OUR SETTLEMENT, PROVIDES THE ONLY AUTHORITY FOR ALLOWANCES PAYABLE TO OFFICERS AND EMPLOYEES OF THE COMMISSION STATIONED IN FOREIGN AREAS AND SUCH STATUTE MAKES NO PROVISION FOR THE PAYMENT OF A TEMPORARY LODGING ALLOWANCE. COMP. GEN. 690. WHILE MEMBERS OF THE FOREIGN SERVICE OF THE STATE DEPARTMENT MAY BE PAID A TEMPORARY LODGING ALLOWANCE, IT IS BECAUSE SUCH PAYMENT IS AUTHORIZED BY THE STATUTE APPLICABLE TO THEM, SECTION 901/2) OF THE FOREIGN SERVICE ACT OF 1946, 60 STAT. 1025.

ACCORDINGLY, THE SETTLEMENT OF NOVEMBER 14, 1956, IS SUSTAINED.

REGARDING YOUR CLAIM FOR REIMBURSEMENT OF TRAVEL EXPENSES INCURRED IN RETURNING TO THE UNITED STATES, SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 808, DOES NOT AUTHORIZE THE PAYMENT OF THE EXPENSES OF RETURN TRAVEL UPON SEPARATION OF AN EMPLOYEE WHO FOR VOLUNTARY REASONS ELECTS NOT TO RETURN WITHIN A REASONABLE PERIOD OF TIME AFTER THE DATE OF HIS ASSIGNMENT TO DUTY OUTSIDE THE UNITED STATES HAD BEEN TERMINATED. WHAT MAY BE CONSIDERED A REASONABLE PERIOD OF TIME IS DEPENDENT UPON ALL THE ATTENDANT CIRCUMSTANCES, SUCH AS, FOR EXAMPLE, THE EXISTENCE OF AVAILABLE FACILITIES BETWEEN THE TERMINATION OF THE DUTY AND THE COMMENCEMENT OF THE TRAVEL. 28 COMP. GEN. 285. IN THE LIGHT OF THE ADDITIONAL FACTS PRESENTED IN YOUR LETTER OF MARCH 13, 1957, AND ENCLOSURE, YOUR CLAIM FOR REIMBURSEMENT OF THE TRAVEL EXPENSES WILL BE HANDLED BY OUR CLAIMS DIVISION. YOU WILL BE NOTIFIED IN DUE COURSE OF THE ACTION TAKEN ON THE CLAIM.