A-76106, DECEMBER 11, 1936, 16 COMP. GEN. 572

A-76106: Dec 11, 1936

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" WITH THE UNDERSTANDING THAT "YOU WILL BE ENTITLED TO NO MILEAGE OR TRAVELING EXPENSES IN CONNECTION THEREWITH. " IS NOT ON DUTY IN A FOREIGN COUNTRY WITHIN THE LAW AND REGULATIONS AUTHORIZING EXCHANGE RELIEF AND IS NOT ENTITLED TO SUCH RELIEF ON HIS NET PAY AND ALLOWANCES FOR THE PERIOD INVOLVED. WHILE THAT OFFICER WAS IN EUROPE UNDER ORDERS DATED APRIL 29. YOU ARE HEREBY AUTHORIZED TO PROCEED TO EUROPE FOR TEMPORARY DUTY FOR THE PURPOSE OF LANGUAGE STUDY FROM 17 JULY 1935. YOU WILL REPORT BY LETTER TO THE NAVAL ATTACHE. THIS IS IN ADDITION TO YOUR PRESENT DUTIES AND UPON THE COMPLETION THEREOF YOU WILL RESUME YOUR REGULAR DUTIES AT THE NAVAL ACADEMY. THE ABOVE IS AUTHORIZED WITH THE UNDERSTANDING THAT YOU WILL BE ENTITLED TO NO MILEAGE OR TRAVELING EXPENSES IN CONNECTION THEREWITH.

A-76106, DECEMBER 11, 1936, 16 COMP. GEN. 572

EXCHANGE - LOSS BY - OFFICERS AND EMPLOYEES IN FOREIGN COUNTRIES FOR LANGUAGE STUDY A NAVAL OFFICER NOT ORDERED, BUT "AUTHORIZED TO PROCEED TO EUROPE FOR TEMPORARY DUTY FOR THE PURPOSE OF LANGUAGE STUDY" UPON HIS REQUEST THAT HE MIGHT THE "BETTER PREPARE HIMSELF FOR HIS DUTIES AS LANGUAGE INSTRUCTOR AT THE NAVAL ACADEMY," WITH THE UNDERSTANDING THAT "YOU WILL BE ENTITLED TO NO MILEAGE OR TRAVELING EXPENSES IN CONNECTION THEREWITH," AND NOT ASSIGNED OR DETAILED TO ANY "POST OF DUTY," IS NOT ON DUTY IN A FOREIGN COUNTRY WITHIN THE LAW AND REGULATIONS AUTHORIZING EXCHANGE RELIEF AND IS NOT ENTITLED TO SUCH RELIEF ON HIS NET PAY AND ALLOWANCES FOR THE PERIOD INVOLVED.

DECISION BY ACTING COMPTROLLER GENERAL ELLIOTT, DECEMBER 11, 1936:

THE PAYMASTER GENERAL OF THE NAVY HAS REQUESTED REVIEW OF AUDIT ACTION DISALLOWING CREDIT IN THE DISBURSING ACCOUNT OF COMMANDER HEWLETT THEBAUD, UNITED STATES NAVY, ASSISTANT NAVAL ATTACHE, PARIS, FRANCE, FOR SEPTEMBER 1935, FOR $540.08 PAID LT.COMDR. LLOYD E. CLIFFORD, UNITED STATES NAVY, AS EXCHANGE RELIEF ON HIS NET PAY AND ALLOWANCES DURING THE PERIOD JULY 11 TO AUGUST 31, 1935, WHILE THAT OFFICER WAS IN EUROPE UNDER ORDERS DATED APRIL 29, 1935, AS FOLLOWS: FROM: THE CHIEF OF THE BUREAU OF NAVIGATION. TO: LIEUTENANT COMMANDER LLOYD E. CLIFFORD, U.S.N., NAVAL ACADEMY,

ANNAPOLIS, MARYLAND. VIA: SUPERINTENDENT. SUBJECT: TEMPORARY ADDITIONAL DUTY.

1. YOU ARE HEREBY AUTHORIZED TO PROCEED TO EUROPE FOR TEMPORARY DUTY FOR THE PURPOSE OF LANGUAGE STUDY FROM 17 JULY 1935, TO 7 SEPTEMBER 1935.

2. YOU WILL REPORT BY LETTER TO THE NAVAL ATTACHE, AMERICAN EMBASSY, PARIS, FRANCE, FOR ADMINISTRATIVE PURPOSES.

3. THIS IS IN ADDITION TO YOUR PRESENT DUTIES AND UPON THE COMPLETION THEREOF YOU WILL RESUME YOUR REGULAR DUTIES AT THE NAVAL ACADEMY, ANNAPOLIS, MARYLAND.

4. THE ABOVE IS AUTHORIZED WITH THE UNDERSTANDING THAT YOU WILL BE ENTITLED TO NO MILEAGE OR TRAVELING EXPENSES IN CONNECTION THEREWITH. CASE YOU DO NOT DESIRE TO BEAR THIS EXPENSE YOU WILL REGARD THIS AUTHORIZATION AS REVOKED AND RETURN THIS LETTER TO THE BUREAU OF NAVIGATION FOR CANCELLATION.

WILLIAM D. LEAHY.

THE DISALLOWANCE WAS ON THE GROUND THAT LIEUTENANT COMMANDER CLIFFORD WAS NOT, DURING THE PERIOD IN QUESTION OR ANY PART THEREOF,"EMPLOYED IN OR ON ASSIGNMENT OR DETAIL TO A POST OF DUTY IN A FOREIGN COUNTRY" WITHIN THE MEANING OF EXECUTIVE ORDER 6928, DATED MARCH 27, 1934, PURSUANT TO THE ACT OF MARCH 26, 1934, 48 STAT. 466. RELATIVE TO THE DUTY STATUS OF LIEUTENANT COMMANDER CLIFFORD UNDER THE ORDERS IN QUESTION THE CHIEF, BUREAU OF NAVIGATION, UNDER DATE OF OCTOBER 21, 1936, STATED:

1. DURING THE SPRING OF 1935 THE SUPERINTENDENT OF THE NAVAL ACADEMY REQUESTED THAT A NUMBER OF THE OFFICERS WHO WERE TO SERVE AS LANGUAGE INSTRUCTORS DURING THE COMING ACADEMIC YEAR BE SENT TO EUROPE FOR THE PURPOSE OF TAKING A REFRESHER COURSE IN THE LANGUAGE THEY WERE TO TEACH. DUE TO LIMITED FUNDS AVAILABLE FOR TRAVEL OF SUCH OFFICERS IT WAS NECESSARY TO RESTRICT SUCH ORDERS TO A LIMITED NUMBER.

2. AFTER THE ABOVE-MENTIONED ORDERS HAD BEEN ISSUED, LIEUTENANT COMMANDER LLOYD E. CLIFFORD, U.S.N., REQUESTED THAT HE BE PERMITTED TO GO TO PARIS, FRANCE, AND REPORT TO THE NAVAL ATTACHE FOR TEMPORARY ADDITIONAL DUTY DURING THE SUMMER FOR THE PURPOSE OF LANGUAGE STUDY TO BETTER PREPARE HIMSELF FOR HIS DUTIES AS LANGUAGE INSTRUCTOR AT THE NAVAL ACADEMY. THIS REQUEST WAS APPROVED BY THE SUPERINTENDENT OF THE NAVAL ACADEMY. IN VIEW OF THE LACK OF FUNDS TO PAY FOR HIS TRANSPORTATION TO EUROPE AND RETURN HE WAS AUTHORIZED TO PROCEED TO EUROPE AND REPORT TO THE NAVAL ATTACHE, PARIS, FRANCE, FOR LANGUAGE STUDY ON CONDITION THAT HE WOULD BE ENTITLED "TO NO MILEAGE OR TRAVEL EXPENSES"--- HE WOULD PROVIDE TRANSPORTATION FOR HIMSELF. HOWEVER, IT WAS THIS BUREAU'S INTENTION THAT HE SHOULD RECEIVE EXCHANGE RELIEF, AND HIS ORDERS WERE SPECIFICALLY WORDED SO AS TO AVOID THE CONDITION THAT "HE WOULD BE ENTITLED TO NO EXPENSES IN CONNECTION THEREWITH.' THE CONDITION AS STATED IN THE ORDERS WAS THAT HE WOULD "BE ENTITLED TO NO MILEAGE OR TRAVELING EXPENSES.'

3. THE BUREAU OF NAVIGATION CONSIDERS THAT THIS OFFICER WAS EMPLOYED AT "A POST OF DUTY IN A FOREIGN COUNTRY," AND IT IS RECOMMENDED THAT EXCHANGE RELIEF BE ALLOWED.

THE STATUS OF LIEUTENANT COMMANDER CLIFFORD WITH RESPECT TO HIS RIGHT TO EXCHANGE RELIEF DURING HIS STAY IN EUROPE UNDER SAID ORDERS DEPENDS ON WHETHER HE WAS DURING THAT TIME EMPLOYED "IN SERVICE IN FOREIGN COUNTRIES" UNDER THE TERMS OF HIS ORDERS, THE ACT OF MARCH 26, 1934, AND THE EXECUTIVE ORDER PURSUANT THERETO. 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, * * * PROVIDED, THAT SUCH ACTION AS THE PRESIDENT MAY TAKE SHALL BE BINDING UPON ALL EXECUTIVE OFFICERS OF THE GOVERNMENT: * *

PARAGRAPH 1 OF EXECUTIVE ORDER 6928, DATED DECEMBER 24, 1934, EFFECTIVE JANUARY 1, 1935, PROVIDES:

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.

PARAGRAPH 3 (C) PROVIDES:

IN CASE OF EMPLOYEES TRAVELING IN FOREIGN COUNTRIES UNDER OFFICIAL ORDERS, NOT EMPLOYED IN OR ON ASSIGNMENT OR DETAIL TO A POST OF DUTY IN A FOREIGN COUNTRY, NO PART OF THE EMPLOYEE'S SALARY NOT CONVERTED FOR EXPENDITURE ABROAD SHALL BE INCLUDED IN THE LOSS REFERRED TO FOR THE PURPOSES OF THESE REGULATIONS.

THE ORDERS IN QUESTION AUTHORIZED BUT DID NOT ORDER LIEUTENANT COMMANDER CLIFFORD TO PROCEED TO EUROPE FOR "TEMPORARY DUTY.' THE ORDERS REQUIRED HIM TO "REPORT BY LETTER TO THE NAVAL ATTACHE, AMERICAN EMBASSY, PARIS, FRANCE" BUT DID NOT ASSIGN OR DETAIL HIM TO ANY "POST OF DUTY" IN EUROPE.

THE PHRASEOLOGY "WITH THE UNDERSTANDING THAT YOU WILL BE ENTITLED TO NO MILEAGE OR TRAVELING EXPENSES IN CONNECTION THEREWITH" IS THAT USED IN ORDERS WHEN THE TRAVEL IS FOR THE PERSONAL CONVENIENCE OR PLEASURE OF THE OFFICER. THE ORDERS OR THE PERMISSION TO BE ABSENT IN EUROPE WERE REQUESTED BY THE OFFICER IN THIS CASE. WHETHER EXCHANGE RELIEF IS AN EXPENSE TO WHICH THE OFFICER IS NOT ENTITLED AS HERE CONTEMPLATED BY THE ORDERS IS NOT MATERIAL. IF THE GOVERNMENT IS NOT OBLIGATED UNDER SUCH ORDERS FOR MILEAGE AND TRAVELING EXPENSES IT IS BECAUSE THE ACTIVITY AUTHORIZED IS NOT DUTY. IF IT IS NOT DUTY, THE GOVERNMENT IS NOT OBLIGATED FOR OTHER EXPENSES INCIDENT THERETO. THE ORDERS DID NOT ASSIGN LIEUTENANT COMMANDER CLIFFORD TO DUTY ABROAD--- THAT IS, SERVICE IN A FOREIGN COUNTRY WITHIN THE LAW AND REGULATIONS AUTHORIZING EXCHANGE RELIEF BUT SIMPLY PERMITTED HIM TO BE ABSENT FROM DUTY FOR THE PURPOSE OF LANGUAGE STUDY IN EUROPE FOR A GIVEN PERIOD. THE FACT THAT THE ORDERS TERMED SUCH PURPOSE "TEMPORARY DUTY" DOES NOT MAKE IT SUCH. THE VOLUNTARY ACTIVITY SO AUTHORIZED IS NOT PUBLIC BUSINESS OR DUTY IN CONTEMPLATION OF THE LAW. THE ORDERS IN QUESTION MERELY CONSTITUTED AUTHORITY FOR LIEUTENANT COMMANDER CLIFFORD TO BE ABSENT FROM HIS POST OF DUTY FOR A GIVEN PERIOD AND DURING SUCH ABSENCE HE IS ENTITLED TO NO PAY OR ALLOWANCES OTHER THAN ORDINARY PAY AND ALLOWANCES ACCRUING TO HIM AS AN OFFICER ON LEAVE FROM DUTY IN THE UNITED STATES. 15 COMP. GEN. 1131.