A-92929, MARCH 9, 1938, 17 COMP. GEN. 727

A-92929: Mar 9, 1938

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

IS UNAUTHORIZED. IS AS FOLLOWS: MR. THERE IS ENCLOSED A COPY OF DESPATCH NO. 491 OF FEBRUARY 7. THAT THE NEXT AVAILABLE DOLLAR LINE VESSEL CALLING AT BOMBAY IS NOT DUE THERE UNTIL MAY 31. DUE TO THE FACT THAT THIS WILL NECESSITATE AN EXTENDED SOJOURN IN BOMBAY FOR MR. IT IS REQUESTED THAT HE BE PERMITTED TO PROCEED AS FAR AS PORT SAID ON A FOREIGN VESSEL. HE WILL. PROVIDES: ANY OFFICER OR EMPLOYEE OF THE UNITED STATES TRAVELING ON OFFICIAL BUSINESS OVERSEAS OR TO OR FROM ANY OF THE POSSESSIONS OF THE UNITED STATES SHALL TRAVEL AND TRANSPORT HIS PERSONAL EFFECTS ON SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES WHERE SUCH SHIPS ARE AVAILABLE UNLESS THE NECESSITY OF HIS MISSION REQUIRES THE USE OF A SHIP UNDER A FOREIGN FLAG: PROVIDED.

A-92929, MARCH 9, 1938, 17 COMP. GEN. 727

TRANSPORTATION - FOREIGN VESSELS - FOREIGN SERVICE OFFICER RETURNING TO THE UNITED STATES ON LEAVE OF ABSENCE THE RETURNING TO THE UNITED STATES AT GOVERNMENT EXPENSE OF A FOREIGN SERVICE OFFICER OF THE STATE DEPARTMENT ON HOME LEAVE OF ABSENCE UNDER SECTION 22 OF THE ACT OF FEBRUARY 23, 1931, 46 STAT. 1210, DOES NOT INVOLVE AN OFFICIAL MISSION WHICH REQUIRES ARRIVAL IN THE UNITED STATES AT ANY PARTICULAR TIME, AND TRAVEL BY FOREIGN VESSEL FOR A PORTION OF THE JOURNEY IN ORDER TO ELIMINATE A DELAY INCIDENT TO THE USE OF AN AMERICAN VESSEL, IS UNAUTHORIZED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF STATE, MARCH 9, 1938:

YOUR LETTER OF FEBRUARY 24, 1938, IS AS FOLLOWS:

MR. THEODORE J. HOHENTHAL, VICE CONSUL AT BOMBAY, HAS BEEN ORDERED TO THE UNITED STATES ON HOME LEAVE UNDER SECTION 22 OF THE ACT APPROVED FEBRUARY 23, 1931. IN CONNECTION WITH MR. HOHENTHAL'S LEAVE OF ABSENCE, THERE IS ENCLOSED A COPY OF DESPATCH NO. 491 OF FEBRUARY 7, 1938, FROM THE AMERICAN CONSUL AT BOMBAY.

IN ADDITION TO INFORMATION FURNISHED IN THE DESPATCH ABOVE REFERRED TO, THE DEPARTMENT HAS BEEN INFORMED BY THE OFFICE OF THE DOLLAR LINE IN WASHINGTON, D.C., THAT THE NEXT AVAILABLE DOLLAR LINE VESSEL CALLING AT BOMBAY IS NOT DUE THERE UNTIL MAY 31, 1938. DUE TO THE FACT THAT THIS WILL NECESSITATE AN EXTENDED SOJOURN IN BOMBAY FOR MR. HOHENTHAL, IT IS REQUESTED THAT HE BE PERMITTED TO PROCEED AS FAR AS PORT SAID ON A FOREIGN VESSEL. HE WILL, OF COURSE, USE A VESSEL OF THE AMERICAN EXPORT LINE ALEXANDRIA TO NEW YORK AND RETURN TO ALEXANDRIA.

I WOULD APPRECIATE RECEIVING AN EARLY DECISION IN THE PREMISES.

SECTION 901 OF THE MERCHANT MARINE ACT OF 1936, 49 STAT. 2015, PROVIDES:

ANY OFFICER OR EMPLOYEE OF THE UNITED STATES TRAVELING ON OFFICIAL BUSINESS OVERSEAS OR TO OR FROM ANY OF THE POSSESSIONS OF THE UNITED STATES SHALL TRAVEL AND TRANSPORT HIS PERSONAL EFFECTS ON SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES WHERE SUCH SHIPS ARE AVAILABLE UNLESS THE NECESSITY OF HIS MISSION REQUIRES THE USE OF A SHIP UNDER A FOREIGN FLAG: PROVIDED, THAT THE COMPTROLLER GENERAL OF THE UNITED INCURRED ON A FOREIGN SHIP IN THE ABSENCE OF SATISFACTORY PROOF OF THE NECESSITY THEREFOR.

TRAVEL BY AN OFFICER OR EMPLOYEE PURSUANT TO A LEAVE OF ABSENCE IS NOT OF SUCH A NATURE INSOFAR AS THE GOVERNMENT IS CONCERNED THAT IT CANNOT BE PERFORMED AT SUCH TIMES AS AN AMERICAN VESSEL WILL BE AVAILABLE THEREFOR. IN OTHER WORDS, WHEN AN OFFICER OR EMPLOYEE IS COMING TO THE UNITED STATES ON A LEAVE OF ABSENCE THERE IS NO OFFICIAL MISSION WHICH REQUIRES HIS PRESENCE IN THIS COUNTRY AT ANY PARTICULAR TIME. ACCORDINGLY, TRAVEL UPON A FOREIGN VESSEL UNDER THE CIRCUMSTANCES SET FORTH IN YOUR LETTER WOULD BE IN CONTRAVENTION OF SECTION 901 OF THE MERCHANT MARINE ACT AND ANY EXPENSES SO INCURRED MAY NOT BE CHARGED AGAINST APPROPRIATED FUNDS.