B-130544, MAR. 5, 1957

B-130544: Mar 5, 1957

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THE DISALLOWANCE WAS FOR THE REASON THAT YOU ALREADY HAD BEEN PAID ALL AMOUNTS FOUND DUE BASED ON THE LOCATION OF YOUR HOME IN LOS ANGELES. YOU WERE LOANED TO THE DEFENSE DEPARTMENT FOR DUTY IN KOREA. YOU WERE AUTHORIZED TO TRAVEL AS FOLLOWS: "YOU ARE AUTHORIZED TO TRAVEL FROM SEOUL. FIFTY (50) POUNDS OF EXCESS BAGGAGE IS AUTHORIZED FROM SEOUL TO WASHINGTON. YOUR LETTER WAS REFERRED TO THE DEPARTMENT OF STATE FOR COMMENT AND IN REPORT DATED DECEMBER 20. IT WAS STATED: "THE SECOND PARAGRAPH OF MR. WAS SUPERSEDED BY TRAVEL AUTHORIZATION NO. 4-2061. THIS IS NOT THE CASE. SINCE HE WAS DELAYED IN KOREA FOR DUTY WITH THE DEPARTMENT OF STATE (DEAN MISSION). SECTION 3.71 OF THE APPLICABLE FOREIGN SERVICE TRAVEL REGULATIONS (180 FSTR 3.71) WAS THE DEPARTMENT'S AUTHORITY FOR AMENDING TRAVEL AUTHORIZATION NO. 3-27701 TO INCLUDE AUTHORIZATION FOR HIS WIFE TO TRAVEL.

B-130544, MAR. 5, 1957

TO MR. PHILIP W. MANHARD:

YOUR LETTER OF SEPTEMBER 4, 1956, REQUESTS REVIEW OF OUR OFFICE SETTLEMENT OF AUGUST 6, 1956, WHICH DISALLOWED YOUR CLAIM FOR $1,036.67, COVERING PER DIEM IN LIEU OF SUBSISTENCE AND TRAVELING EXPENSES DURING THE PERIOD JANUARY 8, 1954, TO APRIL 30, 1954. THE DISALLOWANCE WAS FOR THE REASON THAT YOU ALREADY HAD BEEN PAID ALL AMOUNTS FOUND DUE BASED ON THE LOCATION OF YOUR HOME IN LOS ANGELES, CALIFORNIA, INSTEAD OF CLEARWATER, FLORIDA.

TRAVEL AUTHORIZATION NO. 3-27701, OF JUNE 18, 1953, AUTHORIZED TRAVEL FROM PUSAN, KOREA, TO LOS ANGELES, CALIFORNIA, TO AVAIL YOURSELF OF STATUTORY HOME LEAVE, TO WASHINGTON, D.C., FOR A PERIOD OF CONSULTATION, AND THEN TO TAIPAI, TAIWAN. WHILE IN WASHINGTON, D.C., YOU WERE LOANED TO THE DEFENSE DEPARTMENT FOR DUTY IN KOREA. BY ORDER OF DECEMBER 17, 1953, YOU WERE AUTHORIZED TO TRAVEL AS FOLLOWS:

"YOU ARE AUTHORIZED TO TRAVEL FROM SEOUL, KOREA, ON OR ABOUT DECEMBER 17, 1953, TO WASHINGTON, D.C., TO RESUME (1) CONSULTATION IN THE DEPARTMENT AND (2) TRAVEL FOR THE PURPOSE OF TAKING STATUTORY LEAVE, AS AUTHORIZED IN TRAVEL AUTHORIZATION NO. 3-27701C DATED AUGUST 10, 1953. FIFTY (50) POUNDS OF EXCESS BAGGAGE IS AUTHORIZED FROM SEOUL TO WASHINGTON, D.C.'

YOU CLAIM THAT PRIOR TO THE ORDER OF DECEMBER 17, 1953, YOU NOTIFIED THE DEPARTMENT OF A CHANGE IN YOUR RESIDENCE IN THE UNITED STATES FROM LOS ANGELES TO CLEARWATER, FLORIDA, AND THAT THE DECEMBER 17, 1953, ORDER SUPERSEDED THE PRIOR ORDER OF JUNE 18, 1953. YOUR LETTER WAS REFERRED TO THE DEPARTMENT OF STATE FOR COMMENT AND IN REPORT DATED DECEMBER 20, 1956, FROM THE CHIEF, TRANSPORTATION AUDIT BRANCH, OFFICE OF FINANCE, IT WAS STATED:

"THE SECOND PARAGRAPH OF MR. MANHARD'S LETTER OF SEPTEMBER 4, 1956, STATES THAT TRAVEL AUTHORIZATION NO. 3-27701, DATED JUNE 18, 1953, WAS SUPERSEDED BY TRAVEL AUTHORIZATION NO. 4-2061, DATED DECEMBER 17, 1953. THIS IS NOT THE CASE, AS EXPLAINED IN TRAVEL AUTHORIZATION NO. 4 2061, COPY ATTACHED, WHICH MERELY SUPPLEMENTED TRAVEL AS AUTHORIZED BY T.A. NO. 3-27701, AS AMENDED, DUE TO THE FACT THAT THE U.S. MARINE CORPS DID NOT FEEL OBLIGATED TO RETURN MR. MANHARD FROM KOREA TO WASHINGTON, D.C., SINCE HE WAS DELAYED IN KOREA FOR DUTY WITH THE DEPARTMENT OF STATE (DEAN MISSION).

"WITH REGARD TO MR. MANHARD'S STATEMENT THAT THE DEPARTMENT ACCEPTED HIS CHANGE IN MARITAL STATUS BUT IGNORED HIS CHANGE OF LEGAL RESIDENCE, SECTION 3.71 OF THE APPLICABLE FOREIGN SERVICE TRAVEL REGULATIONS (180 FSTR 3.71) WAS THE DEPARTMENT'S AUTHORITY FOR AMENDING TRAVEL AUTHORIZATION NO. 3-27701 TO INCLUDE AUTHORIZATION FOR HIS WIFE TO TRAVEL, BUT 180 FSTR 1.2J (1) PRECLUDED THE ISSUANCE OF AN AMENDMENT TO CHANGE HIS PLACE OF RESIDENCE FROM LOS ANGELES, CALIFORNIA TO CLEARWATER, FLORIDA.'

IT IS EVIDENT FROM THE ABOVE QUOTATION FROM THE ORDER OF DECEMBER 17, 1953, AND THE ADMINISTRATIVE REPORT, THAT THE LATER ORDER DID NOT SUPERSEDE THE EARLIER ORDER BUT MERELY AUTHORIZED HOME LEAVE TRAVEL IN ACCORDANCE WITH THE EARLIER ORDER. 180 FSTR 1.2J (1) PROVIDES:

"THE PLACE OF RESIDENCE IN THE CONTINENTAL UNITED STATES (FOR THE PURPOSE OF HOME LEAVE OR SEPARATION FROM THE SERVICE, AS APPROPRIATE) DESIGNATED BY THE EMPLOYEE IN THE MOST RECENT FORM FS-304 (1 FSM IV 124.2) WHICH IS ON FILE IN THE DEPARTMENT AS OF THE DATE OF ISSUANCE OF THE TRAVEL AUTHORIZATION; * * *"

ACCORDINGLY, AS YOUR RESIDENCE WHEN THE EARLIER ORDER WAS ISSUED WAS LOS ANGELES, AND AS YOU HAVE BEEN PAID ALL TRAVEL EXPENSES AND PER DIEM DUE FOR TRAVEL BETWEEN LOS ANGELES AND YOUR FOREIGN DUTY STATION, THE DISALLOWANCE OF YOUR CLAIM WAS CORRECT AND UPON REVIEW THE SETTLEMENT IS SUSTAINED.