A-61622, JULY 12, 1935, 15 COMP. GEN. 31

A-61622: Jul 12, 1935

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THE RIGHT TO TRANSPORTATION OF AN OFFICER'S FAMILY FROM HIS POST OF DUTY TO THE UNITED STATES AT GOVERNMENT EXPENSE IN CONNECTION WITH ACCUMULATED ANNUAL LEAVE DOES NOT ACCRUE UNTIL THE OFFICER SHALL HAVE PERFORMED THREE YEARS OR MORE OF SERVICE ABROAD. 1935: I HAVE YOUR LETTER OF APRIL 22. WITHIN THE NEXT FEW DAYS IT WILL BE NECESSARY TO ORDER MR. IT IS INTENDED TO GRANT MR. IS IT POSSIBLE TO ORDER HIS FAMILY TO RETURN TO THE UNITED STATES AT GOVERNMENT EXPENSE TO BE WITH HIM WHILE ON OFFICIAL DUTY HERE AND FOR THE PERIOD HE IS ON ANNUAL LEAVE? IF YOUR APPROVAL IS GIVEN. RECORD OF THEIR RETURN TO THE UNITED STATES WILL BE KEPT SO THAT THE FAMILY WILL NOT BE ALLOWED TO RETURN AT GOVERNMENT EXPENSE MORE THAN ONCE EVERY THREE YEARS.

A-61622, JULY 12, 1935, 15 COMP. GEN. 31

TRANSPORTATION - FAMILIES OF FOREIGN SERVICE OFFICERS - BUREAU OF FOREIGN AND DOMESTIC COMMERCE UNDER THE PROVISIONS OF THE ACT OF MARCH 3, 1927, 44 STAT. 1395, THE RIGHT TO TRANSPORTATION OF AN OFFICER'S FAMILY FROM HIS POST OF DUTY TO THE UNITED STATES AT GOVERNMENT EXPENSE IN CONNECTION WITH ACCUMULATED ANNUAL LEAVE DOES NOT ACCRUE UNTIL THE OFFICER SHALL HAVE PERFORMED THREE YEARS OR MORE OF SERVICE ABROAD. AN ORDER DIRECTING A FOREIGN-SERVICE OFFICER TO RETURN TO THE UNITED STATES FOR THE PERFORMANCE OF TEMPORARY DUTY PRIOR TO HIS HAVING PERFORMED THREE YEARS OR MORE OF CONTINUOUS SERVICE ABROAD HAS NO RELATION TO THE TRANSPORTATION OF HIS FAMILY BACK TO THE UNITED STATES AT GOVERNMENT EXPENSE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF COMMERCE, JULY 12, 1935:

I HAVE YOUR LETTER OF APRIL 22, 1935, AS FOLLOWS:

MR. DANIEL J. REAGAN, ASSISTANT COMMERCIAL ATTACHE, BUREAU OF FOREIGN AND DOMESTIC COMMERCE, PARIS, FRANCE, HAS BEEN ON CONTINUOUS DUTY AT THE PARIS OFFICE OF THE BUREAU SINCE JUNE 30, 1932.

WITHIN THE NEXT FEW DAYS IT WILL BE NECESSARY TO ORDER MR. REAGAN TO REPORT FOR OFFICIAL DUTY IN WASHINGTON. UPON THE COMPLETION OF HIS OFFICIAL DUTY HERE, IT IS INTENDED TO GRANT MR. REAGAN HIS ACCUMULATED ANNUAL LEAVE OF APPROXIMATELY THREE MONTHS.

UNDER AUTHORITY OF SECTION 3, SUBSECTION (E), OF THE ACT APPROVED MARCH 3, 1927, PUBLIC NO. 768, 69TH CONGRESS, IS IT POSSIBLE TO ORDER HIS FAMILY TO RETURN TO THE UNITED STATES AT GOVERNMENT EXPENSE TO BE WITH HIM WHILE ON OFFICIAL DUTY HERE AND FOR THE PERIOD HE IS ON ANNUAL LEAVE?

IT WOULD SEEM THAT IT WOULD BE MORE LOGICAL TO RETURN THE FAMILY AT THIS TIME, THAN TO ORDER MR. REAGAN TO RETURN TO PARIS UPON COMPLETION OF HIS OFFICIAL DUTY HERE FOR TWO OR THREE MONTHS, AND THEN AUTHORIZE THE RETURN OF BOTH HIMSELF AND HIS FAMILY TO THE UNITED STATES FOR THE PURPOSE OF TAKING ACCUMULATED ANNUAL LEAVE.

OF COURSE, IF YOUR APPROVAL IS GIVEN, RECORD OF THEIR RETURN TO THE UNITED STATES WILL BE KEPT SO THAT THE FAMILY WILL NOT BE ALLOWED TO RETURN AT GOVERNMENT EXPENSE MORE THAN ONCE EVERY THREE YEARS.

THE ACT OF APRIL 7, 1934, 48 STAT. 550, MAKING APPROPRIATION FOR THE BUREAU OF FOREIGN AND DOMESTIC COMMERCE FOR THE FISCAL YEAR 1935, PROVIDES FOR THE TRANSPORTATION OF FAMILIES AND EFFECTS OF OFFICERS AND EMPLOYEES AS FOLLOWS:

* * * TO PAY THE TRAVELING EXPENSES AND EXPENSES OF TRANSPORTATION, UNDER SUCH REGULATIONS AS THE SECRETARY OF COMMERCE MAY PRESCRIBE, OF FAMILIES AND EFFECTS OF OFFICERS AND EMPLOYEES OF THE BUREAU OF FOREIGN AND DOMESTIC COMMERCE IN GOING TO AND RETURNING FROM THEIR POSTS, OR WHEN TRAVELING UNDER THE ORDER OF THE SECRETARY OF COMMERCE, AND ALSO FOR DEFRAYING THE EXPENSES OF PREPARING AND TRANSPORTING THE REMAINS OF OFFICERS AND EMPLOYEES OF THE BUREAU OF FOREIGN AND DOMESTIC COMMERCE WHO MAY DIE ABROAD OR IN TRANSIT, WHILE IN THE DISCHARGE OF THEIR OFFICIAL DUTIES, TO THEIR FORMER HOMES IN THIS COUNTRY, OR TO A PLACE NOT MORE DISTANT, FOR INTERMENT, AND FOR THE ORDINARY EXPENSES OF SUCH INTERMENT *

THE ACT OF MARCH 3, 1927, 44 STAT. 1395, PROVIDES:

THE SECRETARY OF COMMERCE IS AUTHORIZED, WHENEVER HE DEEMS IT WOULD BE IN THE PUBLIC INTEREST, TO ORDER TO THE UNITED STATES ON HIS STATUTORY LEAVE OF ABSENCE ANY FOREIGN COMMERCE OFFICER WHO HAS PERFORMED THREE YEARS OR MORE OF CONTINUOUS SERVICE ABROAD: PROVIDED, THAT THE EXPENSES OF TRANSPORTATION AND SUBSISTENCE OF SUCH OFFICERS AND THEIR IMMEDIATE FAMILIES, IN TRAVELING FROM THEIR POST TO THEIR HOMES IN THE UNITED STATES AND RETURN, SHALL BE PAID UNDER THE SAME RULES AND REGULATIONS APPLICABLE IN THE CASE OF OFFICERS GOING TO AND RETURNING FROM THEIR POSTS UNDER ORDERS OF THE SECRETARY OF COMMERCE WHEN NOT ON LEAVE: PROVIDED FURTHER, THAT WHILE IN THE UNITED STATES THE SERVICES OF SUCH OFFICERS SHALL BE AVAILABLE FOR TRADE CONFERENCE WORK AND FOR SUCH OTHER DUTIES IN THE DEPARTMENT OF COMMERCE AND ELSEWHERE IN THE UNITED STATES AS THE SECRETARY OF COMMERCE MAY PRESCRIBE.

FROM YOUR LETTER IT IS UNDERSTOOD IT IS NOT INTENDED TO CHANGE THE POST OF DUTY OF MR. REAGAN FROM PARIS, FRANCE, TO SOME OTHER PLACE, BUT IT IS PROPOSED TO ORDER HIM TO WASHINGTON FOR TEMPORARY DUTY, AT THE CONCLUSION OF WHICH TEMPORARY DUTY HE WILL BE GRANTED HIS ACCUMULATED ANNUAL LEAVE, AND IT IS IN CONNECTION WITH SUCH LEAVE IT IS PROPOSED TO ORDER HIS FAMILY TO RETURN TO THE UNITED STATES AT GOVERNMENT EXPENSE. THE ORDER DIRECTING TEMPORARY DUTY, HIS OFFICIAL POST OF DUTY REMAINING AT PARIS, HAS NO RELATION TO THE TRANSPORTATION OF HIS FAMILY, C., BACK TO THE UNITED STATES IN CONNECTION WITH ACCUMULATED ANNUAL LEAVE. SEE DECISION ADDRESSED TO YOU AUGUST 14, 1931, A-37664. THE ACT OF MARCH 3, 1927, SUPRA, STIPULATES AS A CONDITION PRECEDENT TO THE ALLOWANCE OF REIMBURSEMENT TO A FOREIGN SERVICE OFFICER OF EXPENSES OF TRANSPORTATION FOR HIMSELF AND FAMILY FROM HIS POST OF DUTY ABROAD TO HIS HOME IN THE UNITED STATES INCIDENT TO AND FOR THE PURPOSE OF AVAILING HIMSELF OF ACCUMULATED ANNUAL LEAVE THAT SAID OFFICER SHALL HAVE PERFORMED 3 YEARS OR MORE OF CONTINUOUS SERVICE ABROAD. THAT IS TO SAY, THE RIGHT TO TRANSPORTATION OF AN OFFICER'S FAMILY FROM HIS POST OF DUTY TO THE UNITED STATES AT GOVERNMENT EXPENSE IN CONNECTION WITH ACCUMULATED ANNUAL LEAVE DOES NOT ACCRUE UNTIL THE OFFICER SHALL HAVE PERFORMED 3 FULL YEARS OR MORE OF SERVICE ABROAD. IF, HOWEVER, THE OFFICER HAS PERFORMED 3 FULL YEARS OR MORE OF CONTINUOUS SERVICE ABROAD, NO OBJECTION IS PERCEIVED TO THE TRAVEL OF HIS FAMILY TO THE UNITED STATES IN CONNECTION WITH THE OFFICER'S STATUTORY LEAVE BECAUSE THE OFFICER IS REQUIRED TO RENDER TEMPORARY DUTY IN THE DEPARTMENT AT WASHINGTON BEFORE ENTERING ON HIS LEAVE OF ABSENCE. YOU ARE ADVISED ACCORDINGLY.