A-59680, JANUARY 26, 1935, 14 COMP. GEN. 575

A-59680: Jan 26, 1935

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WILL BE COMPUTED UPON A FULL DAY'S COMPENSATION WHEN DURING THE MAJOR PORTION OF THE CALENDAR DAY. THAT IS. THE INDIVIDUAL IS IN THE STATUS OF SERVICE IN A FOREIGN COUNTRY BY REASON OF BEING EN ROUTE TO OR FROM A FOREIGN DUTY STATION. WHEN ONLY 12 HOURS OR LESS ARE INVOLVED. CURRENCY APPRECIATION LOSSES ON PER DIEM IN LIEU OF SUBSISTENCE ARE PAYABLE FROM THE HOUR OF SAILING FROM AN AMERICAN PORT OR UP TO THE TIME OF ARRIVAL AT AN AMERICAN PORT. AS FOLLOWS: THERE IS QUOTED BELOW A PORTION OF A DESPATCH DATED DECEMBER 15. IN WHICH THE FOLLOWING QUESTIONS ARE RAISED IN CONNECTION WITH THE PAYMENT OF LOSSES SUSTAINED DUE TO THE APPRECIATION OF FOREIGN CURRENCIES IN THEIR RELATION TO THE AMERICAN DOLLAR. (1)I UNDERSTAND THAT WHEN HOME LEAVE IS TAKEN BY THE EMPLOYEE.

A-59680, JANUARY 26, 1935, 14 COMP. GEN. 575

EXCHANGE - CURRENCY APPRECIATION LOSSES - FRACTIONAL DAYS CURRENCY APPRECIATION LOSSES UNDER EXECUTIVE ORDER NO. 6657-A AS AMENDED BY EXECUTIVE ORDER NO. 6928, OF DECEMBER 24, 1934, WILL BE COMPUTED UPON A FULL DAY'S COMPENSATION WHEN DURING THE MAJOR PORTION OF THE CALENDAR DAY, THAT IS, MORE THAN 12 HOURS OF THE TIME BETWEEN MIDNIGHT AND MIDNIGHT, THE INDIVIDUAL IS IN THE STATUS OF SERVICE IN A FOREIGN COUNTRY BY REASON OF BEING EN ROUTE TO OR FROM A FOREIGN DUTY STATION. WHEN ONLY 12 HOURS OR LESS ARE INVOLVED, NO CURRENCY APPRECIATION LOSS MAY BE BASED THEREON. CURRENCY APPRECIATION LOSSES ON PER DIEM IN LIEU OF SUBSISTENCE ARE PAYABLE FROM THE HOUR OF SAILING FROM AN AMERICAN PORT OR UP TO THE TIME OF ARRIVAL AT AN AMERICAN PORT, EN ROUTE TO, OR FROM, A FOREIGN POST OF DUTY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, JANUARY 26, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 11, 1935, AS FOLLOWS:

THERE IS QUOTED BELOW A PORTION OF A DESPATCH DATED DECEMBER 15, 1934, FROM VICTOR M. LENZER, DISTRICT ACCOUNTING AND DISBURSING OFFICER, PARIS, FRANCE, IN WHICH THE FOLLOWING QUESTIONS ARE RAISED IN CONNECTION WITH THE PAYMENT OF LOSSES SUSTAINED DUE TO THE APPRECIATION OF FOREIGN CURRENCIES IN THEIR RELATION TO THE AMERICAN DOLLAR.

(1)I UNDERSTAND THAT WHEN HOME LEAVE IS TAKEN BY THE EMPLOYEE, CURRENCY APPRECIATION LOSS IS PAYABLE ON SALARY * * * UP TO AND INCLUDING THE DAY OF THE EMPLOYEE'S ARRIVAL AT AN AMERICAN PORT, EVEN THOUGH THE HOUR OF ARRIVAL WAS PRIOR TO MIDNIGHT. IS THIS CORRECT?

(2) I UNDERSTAND THAT CURRENCY APPRECIATION LOSSES ON SALARY * * * IN CONNECTION WITH HOME LEAVE IS PAYABLE, BEGINNING WITH THE DAY ON WHICH THE EMPLOYEE SAILS FROM AN AMERICAN PORT. IS THIS CORRECT?

(3) I UNDERSTAND THAT CURRENCY APPRECIATION LOSS ON PER DIEM CONNECTED WITH OFFICIAL TRAVEL IS PAYABLE, BEGINNING WITH THE HOUR OF SAILING FROM, OR UP TO THE HOUR OF ARRIVAL AT, AN AMERICAN PORT. IS THIS CORRECT?

"IN CONNECTION WITH QUESTIONS 1 AND 2 ABOVE, IT IS GENERALLY UNDERSTOOD BY EMPLOYEES THAT CURRENCY APPRECIATION LOSSES ARE NOT SUBJECT TO SETTLEMENT ON A FRACTIONAL DAY BASIS IN INSTANCES WHERE THE HOUR OF ARRIVAL AT, OR HOUR OF SAILING FROM, AN AMERICAN PORT TAKES PLACE BETWEEN THE HOURS OF 0.01 A.M. AND 12.00 P.M., AND THAT LOSSES ARE PAYABLE ON THE BASIS OF THE FULL DAY'S SALARY * * *.

"IN THE EVENT MY UNDERSTANDING OF THE CURRENCY APPRECIATION LOSS REGULATIONS AS SET FORTH ABOVE ARE NOT IN ACCORD WITH THE REGULATIONS, I WOULD VERY MUCH APPRECIATE THE DEPARTMENT'S ADVISING ME BY TELEGRAM IN VIEW OF THE LARGE NUMBER OF MOVEMENTS BEING MADE BY FOREIGN SERVICE PERSONNEL IN THIS FISCAL DISTRICT.'

AS SALARIES ARE NOT RECKONED ON A FRACTIONAL DAY BASIS AND AS PER DIEMS ARE, I BELIEVE MR. LENZER IS CORRECT IN HIS UNDERSTANDING OF THE PROVISIONS OF EXECUTIVE ORDERS NO. 6657-A, AS AMENDED, AND NO. 6928 OF DECEMBER 24, 1934, COPIES OF WHICH ARE ENCLOSED FOR READY REFERENCE.

IN VIEW OF THE URGENCY OF THIS MATTER, AND IN ORDER TO AVOID SUSPENSIONS OR DISALLOWANCES ARISING IN THE OFFICER'S ACCOUNTS, I WILL APPRECIATE IT IF YOU MAY FIND IT CONVENIENT TO LET ME HAVE YOUR EARLY DECISION.

THE PERIODS DURING WHICH OFFICERS AND EMPLOYEES ARE ENTITLED TO REIMBURSEMENT FOR LOSSES DUE TO THE APPRECIATION OF FOREIGN CURRENCY ARE DEFINED IN EXECUTIVE ORDER NO. 6928 OF DECEMBER 24, 1934, AS FOLLOWS:

1. THE WORDS IN THE ACT "WHILE IN SERVICE IN FOREIGN COUNTRIES," FOR THE PURPOSE OF THESE REGULATIONS, SHALL BE UNDERSTOOD TO MEAN (A) WHILE EMPLOYED IN OR ON ASSIGNMENT OR DETAIL TO A POST OF DUTY IN A FOREIGN COUNTRY, (B) WHILE EN ROUTE THROUGH A FOREIGN COUNTRY OR TO OR FROM SUCH POST, (C) WHILE, DURING SUCH ASSIGNMENT OR DETAIL ABROAD, ON LEAVE OF ABSENCE WITH PAY IN A FOREIGN COUNTRY, OR, IN CONNECTION WITH ALLOWANCES FOR RENT OF LIVING QUARTERS MAINTAINED ABROAD DURING LEAVE OF ABSENCE OR WHILE UNDER ORDERS IN THE UNITED STATES, (D) WHILE TRAVELING IN FOREIGN COUNTRIES UNDER OFFICIAL ORDERS, OR (E) WHILE ATTACHED TO AND SERVING ON BOARD UNITED STATES VESSELS STATIONED IN FOREIGN WATERS FOR NOT LESS THAN 60 CONSECUTIVE DAYS.

THE EXECUTIVE ORDER DOES NOT COVER THE QUESTION OF FRACTIONAL DAYS AND WHILE IT IS TRUE THAT SALARIES ARE NOT RECKONED ON A FRACTIONAL BASIS AS PER DIEMS ARE, IT WOULD OBVIOUSLY BE IMPROPER TO PERMIT APPRECIATION LOSSES UPON A FULL DAY'S SALARY AT BOTH ENDS OF A STAY IN THE UNITED STATES WHEN ONLY A MINOR PORTION OF THE DAY IS REALLY INVOLVED.

ACCORDINGLY, THE CURRENCY APPRECIATION LOSSES WILL BE COMPUTED UPON THE FULL DAY'S COMPENSATION WHEN DURING THE MAJOR PORTION OF THE CALENDAR DAY, THAT IS, MORE THAN 12 HOURS OF THE TIME BETWEEN MIDNIGHT AND MIDNIGHT, THE INDIVIDUAL IS IN THE STATUS OF SERVICE IN A FOREIGN COUNTRY BY REASON OF BEING EN ROUTE TO OR FROM A FOREIGN DUTY STATION. WHEN ONLY 12 HOURS OR LESS ARE INVOLVED, NO CURRENCY APPRECIATION LOSS MAY BE BASED THEREON.

CURRENCY APPRECIATION LOSSES ON PER DIEM IN LIEU OF SUBSISTENCE ARE PAYABLE FROM THE HOUR OF SAILING FROM AN AMERICAN PORT OR UP TO THE TIME OF ARRIVAL AT AN AMERICAN PORT, EN ROUTE TO, OR FROM, A FOREIGN POST OF DUTY.