A-9732, AUGUST 19, 1925, 5 COMP. GEN. 132

A-9732: Aug 19, 1925

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WHOSE OFFICIAL STATION WAS FIXED AT RIO DE JANEIRO. IS NOT ENTITLED TO ANY FURTHER CREDIT FOR PER DIEMS AT SAO PAULO. 1925: YOUR REQUEST WAS RECEIVED MAY 14. WHEREIN WAS DISALLOWED CREDIT FOR $480. IT APPEARS THAT YOU WERE APPOINTED A TRADE COMMISSIONER TO BRAZIL IN JULY. YOUR OFFICIAL STATION WHILE IN THE UNITED STATES WAS FIXED AS WASHINGTON. IT WAS PROVIDED THAT RIO DE JANEIRO WOULD BECOME YOUR OFFICIAL STATION AFTER TWO MONTHS' CONTINUOUS STAY IN THAT CITY. WHERE YOU HAVE REMAINED EVER SINCE. UNDER WHICH YOU WERE SERVING. BEFORE THAT PLACE WAS TO BECOME YOUR OFFICIAL STATION. THERE IS NOTHING IN THE PAPERS BEFORE ME TO INDICATE THAT THERE WAS ANY INTENTION ON YOUR PART OR ON THE PART OF YOUR OFFICIAL SUPERIORS.

A-9732, AUGUST 19, 1925, 5 COMP. GEN. 132

SUBSISTENCE, PER DIEM IN LIEU OF - AT HEADQUARTERS A UNITED STATES TRADE COMMISSIONER TO BRAZIL, WHOSE OFFICIAL STATION WAS FIXED AT RIO DE JANEIRO, THE DESIGNATION TO BECOME EFFECTIVE AFTER TWO MONTHS' CONTINUOUS STAY, AND WHO REMAINED THERE PRACTICALLY TWO MONTHS AND THEN WENT TO SAO PAULO, WHERE HE REMAINED INDEFINITELY, AND WHO HAS BEEN ALLOWED CREDIT FOR PAYMENT OF A PER DIEM IN LIEU OF SUBSISTENCE FOR THE TIME SPENT AT RIO DE JANEIRO AND TWO AND ONE-HALF MONTHS AT SAO PAULO, IS NOT ENTITLED TO ANY FURTHER CREDIT FOR PER DIEMS AT SAO PAULO.

COMPTROLLER GENERAL MCCARL TO R. M. CONNELL, UNITED STATES TRADE COMMISSIONER, AUGUST 19, 1925:

YOUR REQUEST WAS RECEIVED MAY 14, 1925, FOR REVIEW OF SETTLEMENT C 25781- C, DATED MAY 11, 1925, WHEREIN WAS DISALLOWED CREDIT FOR $480, BEING FOR PER DIEMS IN LIEU OF SUBSISTENCE PAID TO YOURSELF AT THE RATE OF $4 PER DAY FOR THE PERIOD FROM JANUARY 1 TO APRIL 30, 1923.

IT APPEARS THAT YOU WERE APPOINTED A TRADE COMMISSIONER TO BRAZIL IN JULY, 1922. THE AGREEMENT ENTERED INTO BY YOU JULY 19, 1922, IN CONNECTION WITH YOUR APPOINTMENT PROVIDED THAT YOU WOULD RECEIVE $4 PER DAY IN LIEU OF SUBSISTENCE WHILE AWAY FROM YOUR DESIGNATED OFFICIAL STATION ON GOVERNMENT BUSINESS. YOUR OFFICIAL STATION WHILE IN THE UNITED STATES WAS FIXED AS WASHINGTON, D.C. AS TO YOUR OFFICIAL STATION ABROAD, IT WAS PROVIDED THAT RIO DE JANEIRO WOULD BECOME YOUR OFFICIAL STATION AFTER TWO MONTHS' CONTINUOUS STAY IN THAT CITY, WITH THE FURTHER PROVISION THAR THE OFFICIAL STATION MIGHT BE CHANGED AT THE DISCRETION OF THE BUREAU.

TRAVEL ORDER NO. 2606, DATED JULY 17, 1922, AUTHORIZED YOU TO TRAVEL FROM WASHINGTON, D.C., TO NEW YORK, PHILADELPHIA, BOSTON, RETURN TO NEW YORK, AND TO POINTS IN BRAZIL. UNDER THE ORDER YOU PROCEEDED TO BRAZIL, ARRIVING AT RIO DE JANEIRO AUGUST 19, 1922, WHERE YOU REMAINED UNTIL OCTOBER 17, 1922, WHEN YOU WENT TO SAO PAULO, WHERE YOU HAVE REMAINED EVER SINCE. ON APRIL 25, 1923, THE BUREAU OF FOREIGN AND DOMESTIC COMMERCE, UNDER WHICH YOU WERE SERVING, SENT A CABLEGRAM FIXING YOUR OFFICIAL STATION AT SAO PAULO EFFECTIVE MAY 1, 1923.

YOU RECEIVED CREDIT FOR PER DIEMS OF $4 FOR THE PERIOD FROM AUGUST 19 TO OCTOBER 16, 1922, WHILE AT RIO DE JANEIRO, PRACTICALLY TWO MONTHS, BEFORE THAT PLACE WAS TO BECOME YOUR OFFICIAL STATION. YOU ALSO RECEIVED CREDIT FOR PER DIEM OF $4 FOR THE PERIOD FROM OCTOBER 17 TO DECEMBER 31, 1922, ABOUT TWO AND ONE-HALF MONTHS, WHILE AT SAO PAULO. THERE IS NOTHING IN THE PAPERS BEFORE ME TO INDICATE THAT THERE WAS ANY INTENTION ON YOUR PART OR ON THE PART OF YOUR OFFICIAL SUPERIORS, THAT YOU SHOULD RETURN TO RIO DE JANEIRO OR THAT YOUR STAY IN SAO PAULO WAS ONLY TEMPORARY.

THE FIXING OF AN OFFICIAL STATION EFFECTIVE AFTER TWO MONTHS' CONTINUOUS STAY IN THE PLACE DESIGNATED CAN NOT OPERATE TO CONTINUE AN EMPLOYEE IN A TRAVEL STATUS AFTER ARRIVAL AT SUCH STATION WHERE IT IS KNOWN AT THE TIME OF THE ASSIGNMENT THAT SAID PLACE IS TO BE THE PERMANENT OR REGULAR DUTY STATION. 3 COMP. GEN. 208. THEREFORE SUCH A PROVISION IN AN APPOINTMENT OR TRAVEL ORDER MUST BE CONSTRUED AS LIMITING TO THE PERIOD STIPULATED THE TIME DURING WHICH THE EMPLOYEE MAY BE REGARDED AS IN A TRAVEL OR TEMPORARY DUTY STATUS AT ANY ONE STATION.

IT IS NOTED THAT YOU REMAINED IN RIO DE JANEIRO ALMOST EXACTLY TWO MONTHS AND THEN ESTABLISHED YOUR HEADQUARTERS AT SAO PAULO, WHERE YOU CONTINUED TO DRAW THE PER DIEM ALLOWANCE. THIS WOULD INDICATE THAT THE PURPOSE IN ESTABLISHING HEADQUARTERS AT SAO PAULO INSTEAD OF AT RIO DE JANEIRO WAS TO OBTAIN THE PER DIEM. A PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE CAN NOT BE GRANTED TO AN EMPLOYEE AT HIS REGULAR DUTY STATION AS AN ADDITION TO HIS COMPENSATION. 21 COMP. DEC. 507; ID. 641. THOUGH THE BUREAU FORMALLY FIXED YOUR OFFICIAL STATION AT SAO PAULO EFFECTIVE MAY 1, 1923, THE CIRCUMSTANCES SHOW THAT SAO PAULO WAS IN FACT THE PLACE WHERE YOUR OFFICIAL DUTIES WERE PERFORMED FROM THE TIME YOU WENT THERE. AT MOST YOU WERE ONLY ENTITLED TO PER DIEM ALLOWANCE FOR TWO MONTHS AT THAT PLACE. SETTLEMENTS HERETOFORE MADE YOU WERE ALLOWED CREDIT FOR THE PER DIEMS PAID TO YOURSELF UP TO DECEMBER 31, 1922, WHICH WAS MORE THAN TWO MONTHS AFTER YOUR ARRIVAL AT SAO PAULO, AND THAT ACTION WILL NOT NOW BE DISTURBED. MUST BE HELD, HOWEVER, THAT YOU ARE NOT ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE FOR THE PERIOD OF YOUR STAY AT SAO PAULO AFTER DECEMBER 31, 1922, AND THE SETTLEMENT IS ACCORDINGLY SUSTAINED.