B-129347, NOV 10, 1958

B-129347: Nov 10, 1958

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IT WAS YOUR INTENTION TO ENTER HIM IN AN AMERICAN UNIVERSITY AT BEIRUT. YOUR CLAIM WAS DISALLOWED BECAUSE THE TRAVEL INVOLVED WAS NOT AUTHORIZED OR APPROVED AS ADVANTAGEOUS TO OR IN THE BEST INTEREST OF THE GOVERNMENT BUT WAS PRIMARILY FOR THE PURPOSE OF RETURNING YOUR SON TO THE STATES TO RE- ENROLL IN R.O.T.C. YOUR CONTENTION IS THAT YOUR SON'S PRIOR RETURN WAS JUSTIFIED UNDER THE SELECTIVE SERVICE REQUIREMENTS OF THE LOCAL DRAFT BOARD IN SEATTLE. YOUR SON WAS CHARGEABLE WITH KNOWLEDGE OF THE SELECTIVE SERVICE REGULATIONS. SECTION 1625.1 SPECIFIES THAT NO CLASSIFICATION IS PERMANENT AND PROVIDES THAT EACH CLASSIFIED REGISTRANT AND EACH PERSON WHO HAS FILED A REQUEST FOR THE REGISTRANT'S DEFERMENT.

B-129347, NOV 10, 1958

PRECIS-UNAVAILABLE

MR. F. F. ALDRIDGE, DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

YOUR LETTER OF SEPTEMBER 17, 1958, WITH ENCLOSURES, REQUESTS THAT WE RECONSIDER THE ACTION TAKEN IN GENERAL ACCOUNTING OFFICE SETTLEMENT OF NOVEMBER 16, 1956, WHICH DISALLOWED YOUR CLAIM FOR $765.35 FOR REIMBURSEMENT FOR THE COST OF TRANSPORTING YOUR DEPENDENT SON FROM YOUR DUTY POST IN NEW DELHI, INDIA, TO SEATTLE, WASHINGTON, IN AUGUST 1954.

THE RECORD SHOWS THAT YOUR SON EARL, TRAVELED FROM SEATTLE, WASHINGTON, TO YOUR OVERSEAS DUTY STATION NEW DELHI, INDIA, BETWEEN JUNE 17 AND 22, 1954. IT WAS YOUR INTENTION TO ENTER HIM IN AN AMERICAN UNIVERSITY AT BEIRUT, LEBANON. HOWEVER, FIVE DAYS AFTER HIS ARRIVAL OVERSEAS HE RECEIVED A NOTICE FROM HIS LOCAL DRAFT BOARD RECLASSIFYING HIM FROM 1-B TO 1-A BECAUSE HE HAD WITHDRAWN FROM THE R.O.T.C. TRAINING AT WASHINGTON STATE COLLEGE.

YOUR SON RETURNED TO THE UNITED STATES BETWEEN AUGUST 27 AND 30, 1954, AT YOUR EXPENSE, TO ATTEND SCHOOL AT WASHINGTON STATE COLLEGE IN ORDER TO BE DEFERRED FROM THE DRAFT FOR THE LENGTH OF HIS COLLEGE TRAINING. YOUR CLAIM WAS DISALLOWED BECAUSE THE TRAVEL INVOLVED WAS NOT AUTHORIZED OR APPROVED AS ADVANTAGEOUS TO OR IN THE BEST INTEREST OF THE GOVERNMENT BUT WAS PRIMARILY FOR THE PURPOSE OF RETURNING YOUR SON TO THE STATES TO RE- ENROLL IN R.O.T.C. TRAINING AND THEREBY BE DEFERRED FROM THE DRAFT DURING HIS PERIOD OF COLLEGE ATTENDANCE.

YOUR CONTENTION IS THAT YOUR SON'S PRIOR RETURN WAS JUSTIFIED UNDER THE SELECTIVE SERVICE REQUIREMENTS OF THE LOCAL DRAFT BOARD IN SEATTLE. YOUR SON WAS CHARGEABLE WITH KNOWLEDGE OF THE SELECTIVE SERVICE REGULATIONS, SECTION 1622.13(E) OF WHICH RELATES TO THE CLASSIFICATION 1-D, BASED ON R.O.T.C. TRAINING. SECTION 1625.1 SPECIFIES THAT NO CLASSIFICATION IS PERMANENT AND PROVIDES THAT EACH CLASSIFIED REGISTRANT AND EACH PERSON WHO HAS FILED A REQUEST FOR THE REGISTRANT'S DEFERMENT, SHALL REPORT WITHIN TEN DAYS AFTER IT OCCURS, ANY FACT OR CHANGE IN THE REGISTRANT'S STATUS THAT MIGHT RESULT IN A CHANGE IN HIS CLASSIFICATION. THEREFORE, IT IS APPARENT THAT YOUR SON KNEW, OR SHOULD HAVE ASCERTAINED THE FACTS PRIOR TO THE PERFORMANCE OF TRAVEL THAT HIS DRAFT STATUS WAS SUBJECT TO CHANGE BECAUSE OF HIS WITHDRAWAL FROM R.O.T.C. TRAINING.

THE FOREIGN SERVICE TRAVEL REGULATIONS IN EFFECT AT THE TIME THE TRAVEL IN QUESTION WAS PERFORMED PROVIDED THAT THE DEPARTMENT MAY AUTHORIZE OR APPROVE THE RETURN OF DEPENDENTS TO THE UNITED STATES AT GOVERNMENT EXPENSE IN ADVANCE OF THE EMPLOYEE WHEN IT HAS BEEN ADMINISTRATIVELY DETERMINED THAT IT IS IN THE BEST INTEREST OF THE FOREIGN SERVICE. THE FOREIGN SERVICE MANUAL SETS OUT STANDARDS FOR AUTHORIZATION OF THE ADVANCE RETURN OF DEPENDENTS UPON THE RECOMMENDATION OF THE OFFICER IN CHARGE OF THE POST AND AFTER CONSIDERATION OF ALL THE FACTORS IN THE INDIVIDUAL CASE AND THE AVAILABILITY OF FUNDS. THERE WERE CERTAIN FACTORS OUTLINED IN THE FOREIGN SERVICE MANUAL WHICH WERE TO BE CONSIDERED TO JUSTIFY THE ADVANCE TRAVEL OF DEPENDENTS. HOWEVER, THERE IS NOTHING IN THE FACTORS OUTLINED WHICH WOULD ALLOW THE ADVANCE RETURN OF A DEPENDENT TO REPORT TO A DRAFT BOARD FOR INDUCTION INTO THE MILITARY SERVICE.

THEREFORE, UPON THE PRESENT RECORD, THE OFFICE SETTLEMENT OF NOVEMBER 16, 1956, IS SUSTAINED.

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