B-125375, APR. 30, 1956

B-125375, APR. 30, 1956

TO MR. FRANK F. ERDOES:

YOUR RECENT LETTER REQUESTS RECONSIDERATION OF OUR DECISION OF OCTOBER 13, 1955, RELATIVE TO YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES FOR TRAVEL AND THE TRANSPORTATION OF YOUR AUTOMOBILE, AND REVIEW OF OUR SETTLEMENT DATED JANUARY 6, 1956, WHICH DISALLOWED AN ADDITIONAL AMOUNT CLAIMED FOR TRAVEL OF YOUR DEPENDENT (WIFE) AND FOR TRANSPORTATION OF HER HOUSEHOLD EFFECTS--- FROM BERLIN, GERMANY, TO ALHAMBRA, CALIFORNIA, DURING 1953--- INCIDENT TO YOUR EMPLOYMENT WITH THE DEPARTMENT OF STATE, OFFICE OF THE UNITED STATES HIGH COMMISSIONER FOR GERMANY.

AS RELATED IN THE CITED DECISION YOU WERE REPATRIATED PURSUANT TO TRAVEL AUTHORIZATION DATED OCTOBER 5, 1953, WHICH PROVIDED FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS (WITHIN THE PRESCRIBED WEIGHT ALLOWANCE), INCLUDING A PRIVATELY OWNED AUTOMOBILE, FROM BERLIN, GERMANY, TO ALHAMBRA, CALIFORNIA, AT GOVERNMENT EXPENSE.

THE RECORD SHOWS THAT MILEAGE CLAIMED FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE BETWEEN BERLIN AND BREMEN, GERMANY, WAS DISALLOWED FOR THE REASON THAT MILITARY TRAINS WERE AVAILABLE DURING 1953 FOR OFFICIAL TRAVEL OF UNITED STATES CIVILIAN EMPLOYEES FROM BERLIN TO PORTS OF EMBARKATION IN GERMANY AT NO COST TO THE GOVERNMENT. FURTHER, THE COST FOR TRANSPORTING AN EMPLOYEE'S PRIVATELY OWNED AUTOMOBILE BETWEEN POINTS WITHIN GERMANY IS NOT CHARGEABLE TO APPROPRIATED FUNDS SINCE SUCH TRANSPORTATION COULD HAVE BEEN ACCOMPLISHED UNDER MILITARY FREIGHT WARRANTS AT NO COST TO THE UNITED STATES. REGARDLESS OF ANY DIRECTIONS TO YOU TO THE CONTRARY BY AN OFFICER OR EMPLOYEE IN BERLIN, IT WOULD APPEAR THAT REGULATIONS REQUIRING THE USE OF FREE TRANSPORTATION FOR YOU AND YOUR AUTOMOBILE WOULD BE CONTROLLING.

YOU HAVE BEEN REIMBURSED ON A CONSTRUCTIVE COST BASIS FOR THE SUM THAT WOULD HAVE BEEN EXPENDED FOR YOUR TRAVEL FROM EUROPE TO YOUR HOME BY COMMON CARRIER, INCLUDING INCIDENTAL EXPENSES AND PER DIEM FOR NECESSARY TIME IN TRANSIT, PLUS THE ALLOWABLE FREIGHT CHARGES FOR THE TRANSPORTATION OF YOUR AUTOMOBILE FROM BREMERHAVEN DIRECT TO LOS ANGELES. NO AUTHORITY IS FOUND IN LAW TO PAY THE ADDITIONAL CHARGES CLAIMED.

MOREOVER, YOUR RECENT LETTER CONTAINS NO FACTS OR PERTINENT INFORMATION NOT HERETOFORE CONSIDERED OR WHICH WARRANT ANY MODIFICATION OF OUR PRIOR ACTION IN THE MATTER. CONSEQUENTLY THE DECISION OF OCTOBER 13, 1955, DENYING PAYMENT OF EXPENSES CLAIMED FOR YOUR TRAVEL AND FOR THE TRANSPORTATION OF YOUR AUTOMOBILE MUST BE AFFIRMED.

CONCERNING THE DISALLOWANCE OF EXPENSES INCURRED INCIDENT TO THE TRAVEL OF YOUR WIFE AND THE TRANSPORTATION OF HER EFFECTS FROM THE DUTY STATION ABROAD TO YOUR HOME IN CALIFORNIA, IT IS TO BE OBSERVED THAT YOUR TRAVEL ORDERS CONTAINED THE NOTATION "NO FAMILY" AND, THEREFORE, REIMBURSEMENT FOR EXPENDITURES INCURRED ON HER BEHALF IS NOT AUTHORIZED. YOU ARE ALSO ADVISED THAT UNDER THE FOREIGN SERVICE REGULATIONS (SECTION 627.2, PART IV FOREIGN SERVICE MANUAL), IT IS THE POLICY OF THE DEPARTMENT OF STATE TO DISCOURAGE AND "KEEP TO AN ABSOLUTE MINIMUM" MARRIAGES TO ALIENS BY PERSONS IN THE FOREIGN SERVICE. ADMINISTRATIVE EXCEPTIONS TO THE GENERAL POLICY MAY BE MADE BY THE DIRECTOR OF THE OFFICE OF PERSONNEL WHEN HE DETERMINES THAT SUCH AN EXCEPTION WOULD RESULT IN AN ADVANTAGE TO THE UNITED STATES GOVERNMENT. SUCH REGULATIONS PROVIDE THAT A REQUEST FOR PERMISSION TO MARRY AN ALIEN MUST BE ACCOMPANIED BY THE RESIGNATION OF THE EMPLOYEE WHO CONTEMPLATES SUCH A MARRIAGE. A REPORT FROM THE ADMINISTRATIVE OFFICE READS, IN PERTINENT PART, AS FOLLOWS:

"MR. ERDOES' RESIGNATION WAS ACCEPTED IN LIEU OF GRANTING PERMISSION TO MARRY AN ALIEN. IN SUCH CASES THE RESIGNATION WAS TO BECOME EFFECTIVE CLOSE OF BUSINESS THE DAY PRIOR TO THE MARRIAGE, IN WHICH CASE THE DEPARTMENT WOULD NOT BE LIABLE FOR THE DEPENDENTS TRAVEL.'

SINCE IT NOW IS APPARENT THAT YOUR MARRIAGE TO AN ALIEN OCCURRED AFTER YOUR REQUEST FOR PERMISSION TO MARRY HAD BEEN ADMINISTRATIVELY REJECTED, IT MUST BE CONCLUDED THAT THE GOVERNMENT IS UNDER NO OBLIGATION TO REIMBURSE YOU FOR EXPENSES INCURRED FOR YOUR WIFE'S TRAVEL OR FOR THE TRANSPORTATION OF HER PERSONAL EFFECTS FROM BERLIN, GERMANY, TO ALHAMBRA, CALIFORNIA. ACCORDINGLY, OUR SETTLEMENT OF JANUARY 6, 1956, IS FOUND CORRECT AND MUST BE SUSTAINED.