A-80695, OCTOBER 7, 1936, 16 COMP. GEN. 360

A-80695: Oct 7, 1936

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IS NOT ENTITLED TO EXCHANGE LOSSES UPON HIS SALARY FOR ANY TIME SUBSEQUENT TO HIS ARRIVAL IN THE UNITED STATES. 1936: RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF SEPTEMBER 18. IS ENTITLED TO LOSSES DUE TO APPRECIATION OF FOREIGN CURRENCIES COMPUTED UPON HIS SALARY WHILE ON LEAVE OF ABSENCE IN EUROPE. THAT HE HAS BEEN OR IS TO BE RETIRED FROM FOREIGN SERVICE BUT THAT HE WAS GRANTED 180 DAYS' LEAVE WITH PAY BEGINNING APRIL 1. URGES THAT HE IS ENTITLED TO EXCHANGE LOSSES UPON HIS SALARY DURING THE REMAINDER OF HIS LEAVE SPENT IN EUROPE. THIS WAS CONSTRUED TO MEAN: * * * (A) WHILE EMPLOYED IN OR ON ASSIGNMENT OR DETAIL TO A POST OF DUTY IN A FOREIGN COUNTRY. HE IS NOT ENTITLED TO EXCHANGE LOSSES COMPUTED UPON HIS SALARY FOR ANY TIME SUBSEQUENT TO APRIL 16.

A-80695, OCTOBER 7, 1936, 16 COMP. GEN. 360

EXCHANGE - LOSS BY - OFFICERS AND EMPLOYEES IN FOREIGN COUNTRIES ON LEAVES OF ABSENCE A FORMER AMERICAN CONSUL GRANTED LEAVE OF ABSENCE WITH PAY PRIOR TO RETIREMENT FROM SERVICE, WHO TRAVELS TO THE UNITED STATES DURING SUCH LEAVE AND RETURNS TO EUROPE PRIOR TO THE EXPIRATION THEREOF WITHOUT SUBSEQUENT DUTY BEING REQUIRED TO BE PERFORMED THERE, IS NOT ENTITLED TO EXCHANGE LOSSES UPON HIS SALARY FOR ANY TIME SUBSEQUENT TO HIS ARRIVAL IN THE UNITED STATES.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF STATE, OCTOBER 7, 1936:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF SEPTEMBER 18, 1936, REQUESTING TO BE INFORMED WHETHER ALFRED W. DONEGAN, FORMER AMERICAN CONSUL, IS ENTITLED TO LOSSES DUE TO APPRECIATION OF FOREIGN CURRENCIES COMPUTED UPON HIS SALARY WHILE ON LEAVE OF ABSENCE IN EUROPE.

IT APPEARS FROM THE COPY OF THE DESPATCH FROM MR. DONEGAN DATED AUGUST 28, 1936, THAT HE HAS BEEN OR IS TO BE RETIRED FROM FOREIGN SERVICE BUT THAT HE WAS GRANTED 180 DAYS' LEAVE WITH PAY BEGINNING APRIL 1, 1936, TO PRECEDE IHS RETIREMENT. HE LEFT BASE APRIL 3, 1936, AND ARRIVED IN THE UNITED STATES APRIL 16, HIS TRANSPORTATION BEING FURNISHED AT GOVERNMENT EXPENSE. HE RETURNED TO EUROPE MAY 13, 1936, AND URGES THAT HE IS ENTITLED TO EXCHANGE LOSSES UPON HIS SALARY DURING THE REMAINDER OF HIS LEAVE SPENT IN EUROPE.

THE ACT OF MARCH 26, 1934, 48 STAT. 466, AUTHORIZES REIMBURSEMENT FOR LOSSES DUE TO THE APPRECIATION OF FOREIGN CURRENCY UPON PAY AND ALLOWANCES TO OFFICERS AND EMPLOYEES "WHILE IN SERVICE IN FOREIGN COUNTRIES.' EXECUTIVE ORDER NO. 6928, DATED DECEMBER 24, 1934, THIS WAS CONSTRUED 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, * * *.

MR. DONEGAN'S ASSIGNMENT OR DETAIL ABROAD TERMINATED WHEN HE ELECTED TO LEAVE EUROPE FOR THE UNITED STATES DURING HIS LEAVE OF ABSENCE, NO SUBSEQUENT DUTY BEING REQUIRED TO BE PERFORMED IN EUROPE. HIS ELECTION TO RETURN TO EUROPE, THEREFORE, BEFORE THE EXPIRATION OF HIS LEAVE CANNOT BE CONSTRUED AS A LEAVE OF ABSENCE "DURING AN ASSIGNMENT OR DETAIL ABROAD.' ACCORDINGLY, HE IS NOT ENTITLED TO EXCHANGE LOSSES COMPUTED UPON HIS SALARY FOR ANY TIME SUBSEQUENT TO APRIL 16, 1936. SEE IN THIS CONNECTION A-77112, JUNE 30, 1936; ALSO, 14 COMP. GEN. 892.