A-20470, NOVEMBER 11, 1927, 7 COMP. GEN. 330

A-20470: Nov 11, 1927

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WAS RETIRED DUE TO SUPERANNUATION EFFECTIVE JULY 1. AT THE TIME OF HIS RETIREMENT HE WAS ASSIGNED AS AMERICAN CONSUL. INQUIRES WHETHER SHE WILL BE AUTHORIZED WITHIN THE LIMITATIONS OF THE TRAVEL REGULATIONS TO SHIP HER HOUSEHOLD EFFECTS. THE DEPARTMENT IS DISPOSED TO AUTHORIZE HER TO INCUR THE NECESSARY EXPENDITURES SUBJECT TO THOSE REGULATIONS. BEFORE DOING SO INQUIRES WHETHER YOU SEE ANY OBJECTION TO THE APPROVAL OF THE CLAIM FOR REIMBURSEMENT WHICH SHE WILL SUBMIT. THE EXPENSES OF THE FAMILY OF AN OFFICER OR CLERK ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE WILL BE ALLOWED. SUCH EXPENSES WILL NOT BE ALLOWED. ALLOWANCES FOR THE EXPENSE OF TRANSPORTING TO THE UNITED STATES THE REMAINS OF A CONSULAR OFFICER WHO DIES AT THIS POST ARE GOVERNED BY THE PROVISIONS OF THE CURRENT APPROPRIATION ACT.

A-20470, NOVEMBER 11, 1927, 7 COMP. GEN. 330

TRANSPORTATION - HOUSEHOLD EFFECTS - FOREIGN SERVICE OFFICERS WHERE A FORMER AMERICAN CONSUL TO SWITZERLAND DID NOT RETURN TO THIS COUNTRY WITHIN 6 MONTHS AFTER HIS RETIREMENT, BUT CONTINUED TO RESIDE IN THAT COUNTRY UNTIL HIS DEATH, APPROXIMATELY 18 MONTHS LATER, AND HIS WIDOW CONTINUED HER RESIDENCE THERE FOR AN ADDITIONAL TWO YEARS, THE TRANSPORTATION OF THE HOUSEHOLD EFFECTS OF THE FORMER CONSUL TO THIS COUNTRY MAY NOT BE ACCOMPLISHED AT THE EXPENSE OF THE UNITED STATES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, NOVEMBER 11, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 3, 1927, AS FOLLOWS:

MR. GEBHARD WILLRICH, FORMERLY AN AMERICAN FOREIGN SERVICE OFFICER, WAS RETIRED DUE TO SUPERANNUATION EFFECTIVE JULY 1, 1924, UNDER THE PROVISIONS OF THE ACT APPROVED MAY 24, 1924. AT THE TIME OF HIS RETIREMENT HE WAS ASSIGNED AS AMERICAN CONSUL, ST. GALL, SWITZERLAND. SUBSEQUENT TO HIS RETIREMENT MR. WILLRICH CONTINUED TO RESIDE IN SWITZERLAND WHERE HE DIED IN DECEMBER, 1925. DUE TO ILLNESS HIS WIDOW, MRS. HILDA WILLRICH, HAS CONTINUED HER RESIDENCE IN SWITZERLAND UP TO THE PRESENT TIME AND NOW, INTENDING TO RETURN TO HER HOME IN THE UNITED STATES TO RESUME RESIDENCE IN THIS COUNTRY, INQUIRES WHETHER SHE WILL BE AUTHORIZED WITHIN THE LIMITATIONS OF THE TRAVEL REGULATIONS TO SHIP HER HOUSEHOLD EFFECTS, WHICH HAD BEEN THE PROPERTY OF MR. WILLRICH AND HERSELF IN USE AT THE TIME OF HIS SERVICE IN SWITZERLAND, TO HER HOME IN THE UNITED STATES. THE DEPARTMENT IS DISPOSED TO AUTHORIZE HER TO INCUR THE NECESSARY EXPENDITURES SUBJECT TO THOSE REGULATIONS, BUT BEFORE DOING SO INQUIRES WHETHER YOU SEE ANY OBJECTION TO THE APPROVAL OF THE CLAIM FOR REIMBURSEMENT WHICH SHE WILL SUBMIT, DUE TO THE PERIOD OF TIME WHICH HAS INTERVENED SINCE THE RETIREMENT OF MR. WILLRICH.

THE ACT OF FEBRUARY 24, 1927, 44 STAT. 1183, MAKES AN APPROPRIATION- -

TO PAY THE TRAVELING EXPENSES OF DIPLOMATIC, CONSULAR, AND FOREIGN SERVICE OFFICERS * * * AND THE ITEMIZED AND VERIFIED STATEMENTS OF THE ACTUAL AND NECESSARY EXPENSES OF TRANSPORTATION AND SUBSISTENCE, UNDER SUCH REGULATIONS AS THE SECRETARY OF STATE MAY PRESCRIBE, OF THEIR FAMILIES AND EFFECTS, IN GOING TO AND RETURNING FROM THEIR POSTS, * * *

THE REGULATIONS PRESCRIBED BY THE SECRETARY OF STATE TO GOVERN THE TRANSPORTATION OF DIPLOMATIC AND CONSULAR OFFICERS, THEIR FAMILIES AND EFFECTS, 1919, PROVIDE:

45. THE EXPENSES OF THE FAMILY OF AN OFFICER OR CLERK ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE WILL BE ALLOWED, UNDER THE LIMITATIONS IMPOSED BY THESE REGULATIONS, WHETHER THEY ACCOMPANY HIM OR FOLLOW HIM, BUT NOT IF THEY PRECEDE HIM. SUCH EXPENSES WILL NOT BE ALLOWED, HOWEVER, UNLESS THE MEMBERS OF THE FAMILY BEGIN THE JOURNEY WITHIN SIX MONTHS AFTER THE OFFICER OR CLERK HIMSELF.

46. ALLOWANCES FOR THE EXPENSE OF TRANSPORTING TO THE UNITED STATES THE REMAINS OF A CONSULAR OFFICER WHO DIES AT THIS POST ARE GOVERNED BY THE PROVISIONS OF THE CURRENT APPROPRIATION ACT. IN ADDITION TO THE ALLOWANCE WHICH MAY BE MADE FOR THAT PURPOSE, THE EXPENSES FOR RETURN TO THE UNITED STATES OF THE FAMILY AND EFFECTS OF AN OFFICER OR CLERK WHO DIES AT HIS POST WILL BE ALLOWED, UNDER THE LIMITATIONS IMPOSED BY THESE REGULATIONS, PROVIDED THE FAMILY RETURNS WITHIN SIX MONTHS. THIS TIME LIMIT SHALL NOT BE EXTENDED EXCEPT UPON THE SPECIAL AUTHORIZATION OF THE SECRETARY OF STATE.

48. * * *

(B) THE EXPENSES OF TRANSPORTATION AND SUBSISTENCE EN ROUTE OF HIS FAMILY * * * AND THE TRANSPORTATION OF THEIR PERSONAL EFFECTS COVERED BY THE PROVISIONS OF ARTICLE III, PROVIDED THAT THEY ACCOMPANY HIM OR PROCEED TO THE NEW POST WITHIN SIX MONTHS OF HIS DEPARTURE THEREFOR.

(C) IN CASE EXPENSES OF TRANSPORTATION AND SUBSISTENCE EN ROUTE AND TRANSPORTATION OF PERSONAL EFFECTS * * * PROVIDED, THAT THEY ACCOMPANY HIM OR PROCEED TO THE NEW POST WITHIN SIX MONTHS OF HIS DEPARTURE THEREFOR.

(D) THE EXPENSES OF TRANSPORTATION AND SUBSISTENCE EN ROUTE OF SUCH OF HIS FAMILY AS ARE AT HIS OLD POST WHEN THE OFFICER OR CLERK IS DESIGNATED TO THE NEW POST, AND THE TRANSPORTATION OF THEIR PERSONAL EFFECTS * * * PROVIDED, THAT THEY ARRIVE AT THE NEW POST WITHIN SIX MONTHS OF THE ARRIVAL OF THE OFFICER OR CLERK.

(E) THE EXPENSES OF TRANSPORTATION OF HOUSEHOLD AND PERSONAL EFFECTS SHIPPED BY FREIGHT UNDER THE PROVISIONS OF ARTICLE IV, AND WITHIN THE LIMITS SET FORTH THEREIN, * * *

THE TRANSPORTATION OF THE FAMILY AND EFFECTS OF A CONSULAR OFFICER IS AUTHORIZED ONLY IN CONNECTION WITH, AND AS AN INCIDENT TO, THE EXPENSES OF THE CONSULAR OFFICER HIMSELF IN GOING TO AND RETURNING FROM HIS POST.

THE RIGHT OF THE CONSUL IN THIS CASE TO THE RETURN OF HIS FAMILY AND EFFECTS TO THIS COUNTRY ACCRUED UPON HIS RETIREMENT, BUT INSTEAD OF EXERCISING THAT RIGHT WITHIN SIX MONTHS HE APPARENTLY ABANDONED ALL INTENTION OF RETURNING TO THIS COUNTRY AND CONTINUED TO RESIDE ABROAD UNTIL HIS DEATH, APPROXIMATELY 18 MONTHS THEREAFTER. EVEN THEN HIS WIDOW DID NOT RETURN TO THIS COUNTRY BUT REMAINED ABROAD FOR AN ADDITIONAL TWO YEARS.

ANSWERING YOUR QUESTION SPECIFICALLY, YOU ARE INFORMED THAT THE HOUSEHOLD EFFECTS OF THE FORMER AMERICAN CONSUL GEBHARD WILLRICH MAY NOT, AT THIS TIME, BE TRANSPORTED TO THIS COUNTRY AT THE EXPENSE OF THE UNITED STATES.