B-126621, FEB. 1, 1956

B-126621: Feb 1, 1956

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TO THE HONORABLE SECRETARY OF COMMERCE: REFERENCE IS MADE TO THE LETTER OF JANUARY 19. FROM THE ASSISTANT SECRETARY OF COMMERCE REQUESTING OUR DECISION ON SEVERAL QUESTIONS RELATING TO THE RETURN TRAVEL AND TRANSPORTATION OF CERTAIN OFFICERS AND EMPLOYEES OF THE COAST AND GEODETIC SURVEY WHO ARE PRESENTLY ASSIGNED FOR DUTY UNDER THE POINT IV PROGRAM AT MONROVIA. THE LETTER STATES THAT TRAVEL ORDERS ARE CONTEMPLATED AUTHORIZING TRAVEL OF THESE OFFICERS EMPLOYEES AND THEIR DEPENDENTS WITH PERMANENT CHANGES OF STATION AS FOLLOWS: "1. SHIPMENTS OF PERSONAL AND HOUSEHOLD EFFECTS WILL BE AUTHORIZED. THERE WILL BE NO SHIPMENT OF A PRIVATELY OWNED AUTOMOBILE. "2. "SHIPMENTS OF PERSONAL AND HOUSEHOLD EFFECTS WILL BE AUTHORIZED.

B-126621, FEB. 1, 1956

TO THE HONORABLE SECRETARY OF COMMERCE:

REFERENCE IS MADE TO THE LETTER OF JANUARY 19, 1956, FROM THE ASSISTANT SECRETARY OF COMMERCE REQUESTING OUR DECISION ON SEVERAL QUESTIONS RELATING TO THE RETURN TRAVEL AND TRANSPORTATION OF CERTAIN OFFICERS AND EMPLOYEES OF THE COAST AND GEODETIC SURVEY WHO ARE PRESENTLY ASSIGNED FOR DUTY UNDER THE POINT IV PROGRAM AT MONROVIA, LIBERIA.

IN 1953 AND 1954 THE COAST AND GEODETIC SURVEY ASSIGNED THE OFFICERS AND EMPLOYEES FOR DUTY UNDER THE POINT IV PROGRAM, GIVING THEM PERMANENT CHANGE OF STATION TO MONROVIA, LIBERIA, AND IT NOW INTENDS TO CLOSE SUCH LIBERIAN PROJECT ON OR ABOUT APRIL 7, 1956. THE LETTER STATES THAT TRAVEL ORDERS ARE CONTEMPLATED AUTHORIZING TRAVEL OF THESE OFFICERS EMPLOYEES AND THEIR DEPENDENTS WITH PERMANENT CHANGES OF STATION AS FOLLOWS:

"1. CAPTAIN RILEY J. SIPE (AND WIFE)

A. MONROVIA, LIBERIA, TO NEW YORK, NEW YORK (UNDER DEPARTMENT OF STATE FOREIGN SERVICE TRAVEL AND ALLOWANCE REGULATIONS AND INTERNATIONAL COOPERATION ADMINISTRATION REGULATIONS).

"B. NEW YORK TO WASHINGTON, D.C., THENCE TO RETIREMENT TO HIS HOME OF SELECTION (UNDER THE JOINT TRAVEL REGULATIONS FOR UNIFORMED SERVICES). SHIPMENTS OF PERSONAL AND HOUSEHOLD EFFECTS WILL BE AUTHORIZED. THERE WILL BE NO SHIPMENT OF A PRIVATELY OWNED AUTOMOBILE.

"2. LIEUTENANT (J.G.) ROBERT E. WILLIAMS (NO DEPENDENT)

A. MONROVIA, LIBERIA, TO NEW YORK, NEW YORK (UNDER DEPARTMENT OF STATE FOREIGN SERVICE TRAVEL AND ALLOWANCE REGULATIONS AND INTERNATIONAL COOPERATION ADMINISTRATION REGULATIONS).

"B. NEW YORK TO NORFOLK, VA., VIA WASHINGTON, D.C., FOR SERVICE ON ONE OF THE C AND GS VESSELS (UNDER THE JOINT TRAVEL REGULATIONS FOR UNIFORMED SERVICES).

"SHIPMENTS OF PERSONAL AND HOUSEHOLD EFFECTS WILL BE AUTHORIZED. THERE WILL BE NO SHIPMENT OF A PRIVATELY OWNED AUTOMOBILE.

"3. L. MARTIN GAZIK, SUPERVISOR CARTOGRAPHER (AND WIFE) MONROVIA, LIBERIA, TO WASHINGTON, .C., TO CONTINUE SERVICE WITH THE COAST AND GEODETIC SURVEY (TRAVEL AND TRANSPORTATION WILL BE UNDER THE DEPARTMENT OF STATE FOREIGN SERVICE TRAVEL AND ALLOWANCE REGULATIONS AND INTERNATIONAL COOPERATION ADMINISTRATION REGULATIONS).

"SHIPMENTS OF PERSONAL AND HOUSEHOLD EFFECTS WILL BE AUTHORIZED. BEFORE LEAVING MONROVIA, EMPLOYEE WILL SELL THE PRIVATELY OWNED AUTOMOBILE SHIPPED AT GOVERNMENT EXPENSE TO MONROVIA, LIBERIA, AND WILL PURCHASE A NEW AUTOMOBILE IN EUROPE EN ROUTE TO THE UNITED STATES.

"4. JOHN T. SMITH, CARTOGRAPHER-PHOTO (AND WIFE) MONROVIA, LIBERIA, TO WASHINGTON, D.C., TO CONTINUE SERVICE WITH THE COAST AND GEODETIC SURVEY (TRAVEL AND TRANSPORTATION WILL BE UNDER DEPARTMENT OF STATE FOREIGN SERVICE TRAVEL AND ALLOWANCE REGULATIONS AND INTERNATIONAL COOPERATION ADMINISTRATION REGULATIONS).

"SHIPMENTS OF PERSONAL AND HOUSEHOLD EFFECTS WILL BE AUTHORIZED. BEFORE LEAVING MONROVIA EMPLOYEE WILL SELL THE PRIVATELY OWNED AUTOMOBILE SHIPPED AT GOVERNMENT EXPENSE TO MONROVIA, LIBERIA, AND WILL PURCHASE A NEW CAR IN EUROPE EN ROUTE TO THE UNITED STATES.

"5. PAUL J. BRADLEY, AIRPLANE PILOT (AND WIFE ACQUIRED AFTER ARRIVAL IN MONROVIA, LIBERIA) MONROVIA, LIBERIA, TO LORETTO, PENNA., (HOME). ENTERED THE EMPLOY OF THE COAST AND GEODETIC SURVEY AT WASHINGTON, D.C., FOR IMMEDIATE ASSIGNMENT TO POINT IV DUTY. SERVICE WILL BE TERMINATED UPON ARRIVAL IN THE UNITED STATES. (TRAVEL AND TRANSPORTATION WILL BE UNDER DEPARTMENT OF STATE FOREIGN SERVICE TRAVEL AND ALLOWANCE REGULATIONS AND INTERNATIONAL COOPERATION ADMINISTRATION REGULATIONS).

"SHIPMENTS OF PERSONAL AND HOUSEHOLD EFFECTS WILL BE AUTHORIZED. EMPLOYEE WILL SELL THE PRIVATELY OWNED CAR SHIPPED AT GOVERNMENT EXPENSE TO MONROVIA, LIBERIA, AND WILL PURCHASE A NEW CAR IN EUROPE EN ROUTE TO THE UNITED STATES.'

THE QUESTIONS WILL BE ANSWERED IN THE ORDER PRESENTED AND ON THE BASIS OF THE TRAVEL AND TRANSPORTATION REGULATIONS OF THE INTERNATIONAL COOPERATION ADMINISTRATION WHICH REGULATIONS BY THEIR TERMS ARE APPLICABLE TO "ALL PERSONS ASSIGNED" TO MISSIONS OF THE ADMINISTRATION ABROAD ,WHOSE TRAVEL EXPENSES ARE PAID FROM THE MUTUAL SECURITY FUNDS ADMINISTERED BY ICA.' THE FOREIGN SERVICE TRAVEL REGULATIONS ISSUED BY THE DEPARTMENT OF STATE ARE APPLICABLE TO THE EXTENT ADOPTED BY THE INTERNATIONAL COOPERATION ADMINISTRATION. SEE SECTION 527 (C) MUTUAL SECURITY ACT OF 1954, 68 STAT. 857.

"1. CAN SHIPMENT OF THE ABOVE MENTIONED PRIVATELY OWNED AUTOMOBILES PURCHASED BY EMPLOYEES EN ROUTE TO THE UNITED STATES BE MADE AT GOVERNMENT EXPENSE? (PLEASE SEE PART III FSM 172.3-J).'

SECTION IV-C-10 OF THE INTERNATIONAL COOPERATION ADMINISTRATION MANUAL, ORDER NO. 560.2, EFFECTIVE NOVEMBER 16, 1955, IN OUTLINING THE INFORMATION TO BE INCLUDED IN VOUCHERS PROVIDES AS FOLLOWS:

"ON ANY VOUCHER CLAIMING REIMBURSEMENT FOR THE COST OF TRANSPORTING EFFECTS IN CONNECTION WITH RESIGNATION, RETIREMENT, OR SEPARATION, A STATEMENT THAT THE EFFECTS WERE THE PROPERTY OF THE EMPLOYEE OR A MEMBER OF HIS FAMILY WHILE HE WAS IN AN ACTIVE DUTY STATUS AND DID NOT CONSIST IN ANY PART, OF EFFECTS ACQUIRED EN ROUTE TO THE PLACE OF RESIDENCE UPON SEPARATION.'

SECTION I-C-14 OF THE INTERNATIONAL COOPERATION ADMINISTRATION MANUAL DEFINES "EFFECTS" AS FOLLOWS:

"FURNITURE, HOUSEHOLD GOODS, AND PERSONAL EFFECTS FOR THE USE OF AN EMPLOYEE AND HIS FAMILY. THIS INCLUDES GROCERIES AND PROVISIONS, * * * AND ONE AUTOMOBILE OWNED BY THE EMPLOYEE, OR A MEMBER OF HIS FAMILY * *

WE ARE OF THE VIEW THAT UNDER THE POLICY ESTABLISHED BY THE QUOTED PROVISION OF THE INTERNATIONAL COOPERATION ADMINISTRATION MANUAL THE TRANSPORTATION AT GOVERNMENT EXPENSE OF AN AUTOMOBILE ACQUIRED EN ROUTE TO THE PLACE OF RESIDENCE UPON SEPARATION FROM DUTY UNDER THE POINT IV PROGRAM IS NOT ALLOWABLE. ACCORDINGLY, THE QUESTION IS ANSWERED IN THE NEGATIVE.

"2. CAN THE ABOVE MENTIONED FIVE EMPLOYEES SHIP AT GOVERNMENT EXPENSE TO THE UNITED STATES THE WEIGHTS OF HOUSEHOLD EFFECTS WHICH THEY SHIPPED AT GOVERNMENT EXPENSE TO MONROVIA REGARDLESS OF CERTAIN RESTRICTIONS AS TO WEIGHT WHICH HAVE SINCE BEEN PLACED BY THE DEPARTMENT OF STATE AND INTERNATIONAL COOPERATION ADMINISTRATION ON SHIPMENTS WHERE EMPLOYEES ARE GIVEN FURNISHED QUARTERS AT THEIR FOREIGN POSTS?

SECTION 102 OF THE MUTUAL SECURITY ACT OF 1954, 67 STAT. 480, 481, AND SUBSEQUENT APPROPRIATION ACTS AUTHORIZING USE OF FUNDS FOR MUTUAL SECURITY, RESTRICTED THE WEIGHT LIMITATIONS COVERING SHIPMENTS OF HOUSEHOLD EFFECTS. FOREIGN OPERATIONS ADMINISTRATION USFOTO CIRCULAR A 8 OF NOVEMBER 20, 1953, INCLUDED THE NEW WEIGHT LIMITATIONS AND A SPECIAL WEIGHT RESTRICTION ON EFFECTS WHERE THE GOVERNMENT PROVIDED FURNISHED QUARTERS. THE CIRCULAR, HOWEVER, PERMITTED THE RETURN TO THE UNITED STATES AT GOVERNMENT EXPENSE OF THE AMOUNT OF EFFECTS SHIPPED OVERSEAS, NOTWITHSTANDING A SUBSEQUENT REDUCTION IN THE WEIGHT OF EFFECTS AUTHORIZED TO BE SHIPPED TO THE OVERSEAS DUTY STATION. ACCORDINGLY, AND IN VIEW OF THE SAVINGS PROVISION OF SECTION II-H-1-A OF THE INTERNATIONAL COOPERATION ADMINISTRATION MANUAL, ORDER NO. 560.2, THE QUESTION IS ANSWERED IN THE AFFIRMATIVE.

"3. WITH REGARD TO PAUL J. BRADLEY, CAN THE COAST AND GEODETIC SURVEY DO THE FOLLOWING?

"A. PAY TRAVEL EXPENSES TO THE UNITED STATES FOR WIFE ACQUIRED AFTER ARRIVAL IN MONROVIA? MRS. BRADLEY IS IN THE EMPLOY OF THE INTERNATIONAL COOPERATION ADMINISTRATION UNDER CONTRACT, HAVING TRAVELED TO MONROVIA, LIBERIA, UNDER THE POINT IV PROGRAM AT GOVERNMENT EXPENSE SEVERAL YEARS AGO.

"B. AUTHORIZE SHIPMENT TO THE UNITED STATES AT GOVERNMENT EXPENSE OF THE WEIGHTS OF EFFECTS OF AN EMPLOYEE WITH DEPENDENTS?

"C. PAY THE EXPENSES OF ALL TRAVEL OF MR. BRADLEY AND WIFE, SHIPMENT OF HOUSEHOLD AND PERSONAL EFFECTS AND SHIPMENT OF PRIVATELY OWNED AUTOMOBILE ACQUIRED IN EUROPE, TO LORETTO, PENNA., (HIS HOME) INSTEAD OF TO WASHINGTON, D.C., WHERE MR. BRADLEY ENTERED THE EMPLOY OF THE COAST AND GEODETIC SURVEY ON HIS ASSIGNMENT TO THE POINT IV PROGRAM?

NO REASON IS PERCEIVED TO DENY THE EMPLOYEE HIS OTHERWISE ESTABLISHED RIGHTS TO RETURN TRAVEL EXPENSE OF HIS DEPENDENT AND TO INCREASED WEIGHT ALLOWANCE ON ACCOUNT OF SUCH DEPENDENT BECAUSE HIS WIFE WAS ACQUIRED AFTER HIS ARRIVAL IN MONROVIA AND ORIGINALLY TRAVELED TO MONROVIA AT GOVERNMENT EXPENSE UNDER THE POINT IV PROGRAM. OF COURSE, HER INDIVIDUAL RIGHTS, IF ANY, TO RETURN TRAVEL AND TRANSPORTATION OF EFFECTS UNDER HER CONTRACT OF EMPLOYMENT WITH THE INTERNATIONAL COOPERATION ADMINISTRATION WOULD BE NEGATIVED BY SUCH ACTION. ACCORDINGLY, PARTS A AND B OF THE QUESTION ARE ANSWERED IN THE AFFIRMATIVE.

CONCERNING PART C OF THE QUESTION, ICA MANUAL OF NOVEMBER 16, 1955, I-C-9 -B, COVERING TRAVEL AND TRANSPORTATION PROVIDES THAT AN EMPLOYEE IS ENTITLED UPON SEPARATION TO TRAVELING EXPENSES FOR HIMSELF AND TO TRANSPORTATION OF DEPENDENTS AND EFFECTS FROM HIS POST OF ASSIGNMENT OVERSEAS TO HIS PLACE OF RESIDENCE IN THE UNITED STATES AT THE TIME OF HIS EMPLOYMENT IN THE OVERSEAS POSITION. THE SECTION FURTHER PROVIDES,HOWEVER, AS FOLLOWS:

"* * * IF, HOWEVER, AT THE TIME OF TRAVEL, AND THE TIME OF THE TRANSPORTATION OF THE FURNITURE, HOUSEHOLD GOODS, AND PERSONAL EFFECTS, THE EMPLOYEE HAS DETERMINED TO CHANGE HIS RESIDENCE TO ANOTHER PLACE IN THE CONTINENTAL UNITED STATES, AND HAS EVIDENCED HIS INTENTION TO DO SO BY BUYING OR RENTING A HOUSE, RENTING AN APARTMENT, ACCEPTING A JOB, OR BY SOME SIMILAR CONCLUSIVE MEANS, SUCH PLACE OF INTENDED RESIDENCE WILL BE CONSIDERED TO BE HIS PLACE OF IDENCE.'

A DETERMINATION AS TO THE AUTHORIZED DESTINATION SHOULD BE MADE ADMINISTRATIVELY IN ACCORDANCE WITH THAT PROVISION OF THE REGULATIONS. FOR THE PREVIOUSLY STATED REASONS THE TRANSPORTATION OF AN AUTOMOBILE ACQUIRED EN ROUTE WOULD NOT BE ALLOWABLE AT GOVERNMENT EXPENSE. THE QUESTION IS ANSWERED ACCORDINGLY.

REGARDING THE FURTHER QUESTION PRESENTED INFORMALLY AS TO WHETHER THE FACT THAT THE CIVILIAN EMPLOYEES WILL ENTER A LEAVE WITHOUT PAY STATUS ON ACCOUNT OF INDIRECT TRAVEL IN EUROPE FOR PERSONAL CONVENIENCE WOULD AFFECT THEIR RIGHTS TO THE BALANCE OF THEIR OFFICIAL RETURN TRAVEL TO THE UNITED STATES, WE ARE OF THE VIEW THAT OTHERWISE PROPER TRAVEL EXPENSES ARE FOR PAYMENT NOTWITHSTANDING SUCH INTERMEDIATE LEAVE WITHOUT PAY STATUS.