A-5300, OCTOBER 14, 1924, 4 COMP. GEN. 380

A-5300: Oct 14, 1924

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FOREIGN SERVICE OFFICERS - TRAVELING EXPENSES UPON RETIREMENT UPON RETIREMENT AN OFFICER OF THE FOREIGN SERVICE IS ENTITLED TO REIMBURSEMENT OF ACTUAL EXPENSES OF TRANSPORTATION AND SUBSISTENCE BETWEEN HIS LAST POST OF DUTY AND HIS PLACE OF RESIDENCE WHEN APPOINTED. WHERE THE TRAVEL IS TO A PLACE OTHER THAN THE PLACE OF RESIDENCE AT THE TIME OF ENTERING THE SERVICE REIMBURSEMENT FOR THE EXPENSES THEREOF WOULD BE AUTHORIZED IN AN AMOUNT NOT EXCEEDING WHAT IT WOULD HAVE COST IF THE TRAVEL HAD BEEN TO SUCH PLACE OF FORMER RESIDENCE. 1924: I HAVE YOUR LETTER OF SEPTEMBER 17. REQUESTING DECISION WHETHER CONSULAR OFFICERS UPON RETIREMENT ARE ENTITLED TO TRAVELING EXPENSES TO THE PLACE OF RESIDENCE AT TIME OF APPOINTMENT OR WHETHER THEY HAVE THE RIGHT OF ELECTION AS TO THEIR RESIDENCE IN THE UNITED STATES AT THE TIME OF RETIREMENT.

A-5300, OCTOBER 14, 1924, 4 COMP. GEN. 380

FOREIGN SERVICE OFFICERS - TRAVELING EXPENSES UPON RETIREMENT UPON RETIREMENT AN OFFICER OF THE FOREIGN SERVICE IS ENTITLED TO REIMBURSEMENT OF ACTUAL EXPENSES OF TRANSPORTATION AND SUBSISTENCE BETWEEN HIS LAST POST OF DUTY AND HIS PLACE OF RESIDENCE WHEN APPOINTED. WHERE THE TRAVEL IS TO A PLACE OTHER THAN THE PLACE OF RESIDENCE AT THE TIME OF ENTERING THE SERVICE REIMBURSEMENT FOR THE EXPENSES THEREOF WOULD BE AUTHORIZED IN AN AMOUNT NOT EXCEEDING WHAT IT WOULD HAVE COST IF THE TRAVEL HAD BEEN TO SUCH PLACE OF FORMER RESIDENCE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, OCTOBER 14, 1924:

I HAVE YOUR LETTER OF SEPTEMBER 17, 1924, REQUESTING DECISION WHETHER CONSULAR OFFICERS UPON RETIREMENT ARE ENTITLED TO TRAVELING EXPENSES TO THE PLACE OF RESIDENCE AT TIME OF APPOINTMENT OR WHETHER THEY HAVE THE RIGHT OF ELECTION AS TO THEIR RESIDENCE IN THE UNITED STATES AT THE TIME OF RETIREMENT.

YOU CITE THE ACCOUNT OF B. S. RAIRDEN, AMERICAN CONSUL, RETIRED, COVERING TRAVELING EXPENSES FROM HIS FORMER POST OF DUTY AT CURACAO, DUTCH WEST INDIES, TO LOS ANGELES, CALIF., WHICH HE NOW CLAIMS FOR THE FIRST TIME AS HIS HOME. HIS ORIGINAL APPOINTMENT, AS WELL AS HIS LAST ASSIGNMENT COMMISSION AS CONSUL AT CURACAO, DATED AUGUST 10, 1920, READS "BRADSTREET S. RAIRDEN, OF MAINE.'

STATUTORY AUTHORITY FOR PAYMENT OF EXPENSES OF TRANSPORTATION AND SUBSISTENCE OF DIPLOMATIC AND CONSULAR OFFICERS DOES NOT APPEAR IN THE REVISED STATUTES NOR IN ANY GENERAL PROVISION OF LAW, BUT IS PROVIDED AS AN ITEM IN EACH ANNUAL APPROPRIATION ACT FOR THE DIPLOMATIC AND CONSULAR SERVICE. FOR THE PRESENT FISCAL YEAR THE ACT OF MAY 28, 1924, 43 STAT. 209, PROVIDES AS FOLLOWS:

TO PAY 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 DIPLOMATIC AND CONSULAR OFFICERS AND CLERKS IN EMBASSIES, LEGATIONS, AND CONSULATES, INCLUDING OFFICERS OF THE UNITED STATES COURT FOR CHINA, AND THEIR FAMILIES AND EFFECTS IN GOING TO AND RETURNING FROM THEIR POSTS, OR OF SUCH OFFICERS AND CLERKS WHEN TRAVELING UNDER ORDERS OF THE SECRETARY OF STATE, BUT NOT INCLUDING ANY EXPENSE INCURRED IN CONNECTION WITH LEAVES OF ABSENCE, $275,000: PROVIDED, THAT NO PART OF SAID SUM SHALL BE PAID FOR TRANSPORTATION ON FOREIGN VESSELS WITHOUT A CERTIFICATE FROM THE SECRETARY OF STATE THAT THERE ARE NO AMERICAN VESSELS ON WHICH SUCH OFFICERS AND CLERKS MAY BE TRANSPORTED.

THAT PORTION OF THE APPROPRIATION ACT WHICH CONTROLS THE PLACES BETWEEN WHICH THE EXPENSES OF TRANSPORTATION AND SUBSISTENCE ARE PAYABLE IS "IN GOING TO AND RETURNING FROM THEIR POSTS.' THIS DEFINITELY FIXES BUT ONE TERMINUS, VIZ, THE POST OF DUTY. THE USE OF THE WORD "RETURNING" WOULD SEEM TO INDICATE THAT THE OTHER TERMINUS WAS THE PLACE FROM WHICH THE OFFICER STARTED. UNDER SECTION 1740, REVISED STATUTES, AND THE ANNUAL APPROPRIATION ACTS IN PURSUANCE THEREOF TRANSIT PAY UPON TERMINATION OF THE PERIOD OF OFFICIAL SERVICE IS EXPRESSLY PROVIDED FOR TO "THE PLACE OF HIS RESIDENCE WHEN APPOINTED.' BECAUSE THIS IS THE ONLY STATUTORY RECOGNITION THAT HAS EVER BEEN GIVEN TO ANY RESIDENCE OF A CONSULAR OFFICER, AND IN VIEW OF THE WORDING OF THE ANNUAL APPROPRIATION ACTS PROVIDING FOR PAYMENT OF TRAVELING EXPENSES, I AM OF OPINION THAT THE PLACES BETWEEN WHICH ACTUAL EXPENSES OF TRANSPORTATION AND SUBSISTENCE MAY BE PAID BY THE GOVERNMENT IN THE CASE OF A DIPLOMATIC OR CONSULAR OFFICER ENTITLED TO SUCH EXPENSES UPON RETIREMENT FROM ACTIVE SERVICE, ARE THE LAST POST OF DUTY AND THE PLACE OF HIS RESIDENCE WHEN APPOINTED.

IF THE ACTUAL TRAVEL IS TO A PLACE OTHER THAN PLACE OF RESIDENCE AT TIME OF ENTERING THE SERVICE REIMBURSEMENT FOR EXPENSES THEREOF WOULD BE AUTHORIZED IN AN AMOUNT NOT TO EXCEED WHAT IT WOULD HAVE COST IF THE TRAVEL HAD BEEN TO PLACE OF SUCH FORMER RESIDENCE.