A-62410, JUNE 15, 1935, 14 COMP. GEN. 892

A-62410: Jun 15, 1935

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DURING WHICH HE WAS PAID HIS RETIRED PAY BY THE ASSISTANT PAYMASTER. IS NOT ENTITLED TO EXCHANGE BENEFITS AUTHORIZED BY THE ACT OF MARCH 26. IT APPEARS THAT DURING THIS PERIOD YOU WERE A RETIRED COMMANDER IN THE UNITED STATES NAVY RESIDING AT PEIPING. WERE NOT ON ACTIVE DUTY. PROVIDES: THAT THERE ARE AUTHORIZED TO BE APPROPRIATED ANNUALLY SUCH SUMS AS MAY BE NECESSARY TO ENABLE THE PRESIDENT. FOR PERIODS DURING WHICH THEIR CHECKS OR DRAFTS WERE CONVERTED INTO FOREIGN CURRENCIES UNDER THE ARRANGEMENT HEREINBEFORE REFERRED TO: PROVIDED FURTHER. THE DISALLOWANCE IS ON THE GROUND THAT SAID ACT PROVIDES RELIEF TO "OFFICERS. " THAT IS ON DUTY. YOU ARE NOT ENTITLED TO ITS BENEFITS. YOU CONTEND THAT BY REASON OF THE FACT THAT YOU WERE UNDER "MOBILIZATION ORDERS" TO DUTY IN CHINA AND RESIDE IN THE "FAR EAST" YOU ARE ENTITLED TO THE BENEFITS OF THE ACT.

A-62410, JUNE 15, 1935, 14 COMP. GEN. 892

FOREIGN EXCHANGE - LOSSES AN OFFICER ON THE RETIRED LIST OF THE UNITED STATES NAVY, NOT ON ACTIVE DUTY, RESIDING IN CHINA DURING THE PERIOD JULY 15, 1933, TO NOVEMBER 30, 1934, DURING WHICH HE WAS PAID HIS RETIRED PAY BY THE ASSISTANT PAYMASTER, MARINE DETACHMENT, AMERICAN LEGATION, PEIPING, CHINA, IS NOT ENTITLED TO EXCHANGE BENEFITS AUTHORIZED BY THE ACT OF MARCH 26, 1934, 48 STAT. 466, AND EXECUTIVE ORDER OF MARCH 27, 1934, ISSUED PURSUANT THERETO.

COMPTROLLER GENERAL MCCARL TO COMMANDER I. V. GILLIS, UNITED STATES NAVY, RETIRED, JUNE 15, 935:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR REVIEW OF SETTLEMENT, FEBRUARY 21, 1935, DISALLOWING YOUR CLAIM FOR REIMBURSEMENT UNDER THE ACT OF MARCH 26, 1934, 48 STAT. 466, FOR LOSSES SUSTAINED AS AN EMPLOYEE OF THE UNITED STATES THROUGH THE DEPRECIATION OF FOREIGN CURRENCIES FOR THE PERIOD JULY 15, 1933, TO NOVEMBER 30, 1934.

IT APPEARS THAT DURING THIS PERIOD YOU WERE A RETIRED COMMANDER IN THE UNITED STATES NAVY RESIDING AT PEIPING, CHINA, BUT WERE NOT ON ACTIVE DUTY. THE ACT OF MARCH 26, 1934, 48 STAT. 466, PROVIDES:

THAT THERE ARE AUTHORIZED TO BE APPROPRIATED ANNUALLY SUCH SUMS AS MAY BE NECESSARY TO ENABLE THE PRESIDENT, IN HIS DISCRETION AND UNDER SUCH REGULATIONS AS HE MAY PRESCRIBE AND NOTWITHSTANDING THE PROVISIONS OF ANY OTHER ACT AND UPON RECOMMENDATION OF THE DIRECTOR OF THE BUDGET, TO MEET LOSSES SUSTAINED ON AND AFTER JULY 15, 1933, BY OFFICERS, ENLISTED MEN, AND EMPLOYEES OF THE UNITED STATES WHILE IN SERVICE IN FOREIGN COUNTRIES DUE TO THE APPRECIATION OF FOREIGN CURRENCIES IN THEIR RELATION TO THE AMERICAN DOLLAR, AND TO COVER ANY DEFICIENCY IN THE ACCOUNTS OF THE TREASURER OF THE UNITED STATES, INCLUDING INTEREST, ARISING OUT OF THE ARRANGEMENT APPROVED BY THE PRESIDENT ON JULY 27, 1933, FOR THE CONVERSION INTO FOREIGN CURRENCIES OF CHECKS AND DRAFTS OF OFFICERS, ENLISTED MEN, AND EMPLOYEES FOR SALARIES AND EXPENSES: PROVIDED, THAT SUCH ACTION AS THE PRESIDENT MAY TAKE SHALL BE BINDING UPON ALL EXECUTIVE OFFICERS OF THE GOVERNMENT: PROVIDED FURTHER, THAT NO PAYMENTS AUTHORIZED BY THIS ACT SHALL BE MADE TO ANY OFFICERS, ENLISTED MEN, OR EMPLOYEES, FOR PERIODS DURING WHICH THEIR CHECKS OR DRAFTS WERE CONVERTED INTO FOREIGN CURRENCIES UNDER THE ARRANGEMENT HEREINBEFORE REFERRED TO: PROVIDED FURTHER, THAT ALLOWANCES AND EXPENDITURES PURSUANT TO THIS ACT SHALL NOT BE SUBJECT TO INCOME TAXES: AND PROVIDED FURTHER, THAT THE DIRECTOR OF THE BUDGET SHALL REPORT ALL EXPENDITURES MADE FOR THIS PURPOSE TO CONGRESS ANNUALLY WITH THE BUDGET ESTIMATES.

THE DISALLOWANCE IS ON THE GROUND THAT SAID ACT PROVIDES RELIEF TO "OFFICERS, ENLISTED MEN, AND EMPLOYEES OF THE UNITED STATES WHILE IN SERVICE IN FOREIGN COUNTRIES," THAT IS ON DUTY, AND THAT, NOT BEING ON DUTY WITHIN THE PURPOSE OF THAT ACT, YOU ARE NOT ENTITLED TO ITS BENEFITS. YOU CONTEND THAT BY REASON OF THE FACT THAT YOU WERE UNDER "MOBILIZATION ORDERS" TO DUTY IN CHINA AND RESIDE IN THE "FAR EAST" YOU ARE ENTITLED TO THE BENEFITS OF THE ACT.

EXECUTIVE ORDER NO. 6657-A, MARCH 27, 1934, ISSUED PURSUANT TO THE ACT OF MARCH 26, 1934, PROVIDES, IN PART, 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 ON A FOREIGN VESSEL TO OR FROM SUCH POST, (C) WHILE, DURING SUCH ASSIGNMENT OR DETAIL ABROAD, ON LEAVE OF ABSENCE WITH PAY IN A FOREIGN COUNTRY, (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 30 CONSECUTIVE DAYS.

RELATIVE TO YOUR STATUS AS AFFECTED BY WHAT YOU TERM "MOBILIZATION ORDERS," THE SECRETARY OF THE NAVY, IN SEVENTH INDORSEMENT OF YOUR CLAIM, OCTOBER 16, 1934, MADE THE FOLLOWING STATEMENT:

2. THE RECORDS OF THE NAVY DEPARTMENT SHOW THAT UNDER DATE OF MARCH 7, 1932, THE FOLLOWING COMMUNICATION WAS ADDRESSED TO COMMANDER GILLIS, RETIRED: "NAV-313-F

7 MARCH, 1932. FROM: BUREAU OF NAVIGATION. TO: COMMANDER I. V. GILLIS, RETIRED, AMERICAN LEGATION, PEIPING, CHINA. SUBJECT: MOBILIZATION ASSIGNMENT.

"1. YOU ARE INFORMED THAT, IN THE CASE OF MOBILIZATION YOU HAVE BEEN SLATED FOR DUTY WITH THE OFFICE OF NAVAL INTELLIGENCE, NAVY DEPARTMENT, WASHINGTON, D.C.

"2. SPECIFIC ORDERS TO THIS DUTY WILL BE ISSUED BY THE BUREAU OF NAVIGATION.

"F. B. UPHAM,

"CHIEF OF BUREAU.

"R. C. GLOVER,

"BY DIRECTION.'

3. NO ORDERS ARE INVOLVED IN THE ABOVE-QUOTED COMMUNICATION WHICH MERELY NOTIFIES COMMANDER GILLIS THAT, IN CASE OF MOBILIZATION SPECIFIC ORDERS ASSIGNING HIM TO DUTY UNDER THE OFFICE OF NAVAL INTELLIGENCE WILL BE ISSUED BY THE BUREAU OF NAVIGATION. FURTHERMORE, AS A RETIRED OFFICER, COMMANDER GILLIS MAY CHANGE HIS RESIDENCE AT ANY TIME, OR TRAVEL ABROAD, SUBJECT ONLY TO THE PROVISIONS OF ART. 135 (3), U.S. NAVY REGULATIONS. THE EVENT OF A CHANGE IN ADDRESS, THE PRESENT MOBILIZATION ASSIGNMENT OF COMMANDER GILLIS, RETIRED, WOULD BE MODIFIED ACCORDINGLY.

ON THIS RECORD IT MUST BE CONCLUDED THAT YOU WERE NOT, DURING THE PERIOD OF YOUR AIM,"EMPLOYED IN OR ON ASSIGNMENT OR DETAIL TO A POST OF DUTY IN A FOREIGN COUNTRY," AND, THEREFORE, NOT "IN SERVICE IN FOREIGN COUNTRIES" WITHIN THE ACT OF MARCH 26, 1934, 48 STAT. 466, AND EXECUTIVE ORDER NO. 6657-A OF MARCH 27, 1934, ISSUED PURSUANT THERETO. ACCORDINGLY, YOU ARE NOT ENTITLED TO ANY BENEFITS UNDER THAT ACT.