B-134923, MAR. 21, 1958

B-134923: Mar 21, 1958

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IS ENTITLED TO A SUBSISTENCE ALLOWANCE. THE STATED PURPOSE OF THE TRAVEL WAS . IS ADJACENT TO WASHINGTON. HE WAS IN CONSULTATION AT WASHINGTON. SMITH WAS APPOINTED TO A POSITION WITH THE INTERNATIONAL COOPERATION ADMINISTRATION AT WASHINGTON. THE TRAVEL AUTHORIZED AND PERFORMED WAS FOR THE PURPOSE OF RETURNING MR. IS NOT VIEWED AS MODIFYING THE NATURE OF THE TRAVEL PERFORMED OR AS ENHANCING HIS RIGHTS. THE SITUATION HEREIN IS ESSENTIALLY THAT CONSIDERED IN 29 COMP. YOU ARE ADVISED WE DO NOT CONSIDER MR. WHICH IS RETURNED HEREWITH.

B-134923, MAR. 21, 1958

TO MR. NEAL J. PRICE, AUTHORIZED CERTIFYING OFFICER, INTERNATIONAL COOPERATION ADMINISTRATION:

YOUR LETTER OF JANUARY 16, 1958, AUD:AAB:NA, REQUESTS A DECISION WHETHER MR. EMIL SMITH, WHO SERVED AT ANKARA, TURKEY, WITH THE INTERNATIONAL COOPERATION ADMINISTRATION, IS ENTITLED TO A SUBSISTENCE ALLOWANCE--- ADMINISTRATIVELY DISALLOWED AND NOW RECLAIMED--- FOR A PERIOD OF CONSULTATION IN WASHINGTON, D.C., FOLLOWING HIS RETURN TO THE UNITED STATES.

ORDERS DATED SEPTEMBER 9, 1957, AUTHORIZING TRAVEL AND NECESSARY EXPENSES IN ACCORDANCE WITH THE FOREIGN SERVICE TRAVEL REGULATIONS AND THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, PROVIDED FOR THE TRAVEL OF MR. SMITH FROM ANKARA, TURKEY, HIS OFFICIAL STATION, TO SILVER SPRING, MARYLAND, THE PLACE OF HIS RESIDENCE IN THE UNITED STATES. THE STATED PURPOSE OF THE TRAVEL WAS ,SEPARATION.' THE ORDERS ALSO PROVIDED FOR FIVE DAYS OF CONSULTATION IN WASHINGTON, D.C. MR. SMITH'S PLACE OF RESIDENCE, SILVER SPRING, MARYLAND, IS ADJACENT TO WASHINGTON, D.C.

MR. SMITH DEPARTED FROM ANKARA, TURKEY, OCTOBER 26, 1957, AND ARRIVED AT SILVER SPRING, MARYLAND, NOVEMBER 7, 1957. FROM NOVEMBER 12 TO 18, 1957, HE WAS IN CONSULTATION AT WASHINGTON. PERSONNEL ACTION DATED NOVEMBER 20, 1957, SEPARATED MR. SMITH AT THE CLOSE OF BUSINESS NOVEMBER 18, 1957. THE PERSONNEL ACTION INDICATES THAT MR. SMITH WAS APPOINTED TO A POSITION WITH THE INTERNATIONAL COOPERATION ADMINISTRATION AT WASHINGTON, D.C., ON NOVEMBER 19, 1957, WITHOUT A BREAK IN SERVICE.

THE TRAVEL AUTHORIZED AND PERFORMED WAS FOR THE PURPOSE OF RETURNING MR. SMITH TO THE UNITED STATES FOR SEPARATION, AND THE FACT THAT HE SUBSEQUENTLY, AFTER COMPLETION OF CONSULTATION AND SEPARATION, RECEIVED AN APPOINTMENT IN WASHINGTON, IS NOT VIEWED AS MODIFYING THE NATURE OF THE TRAVEL PERFORMED OR AS ENHANCING HIS RIGHTS. THE SITUATION HEREIN IS ESSENTIALLY THAT CONSIDERED IN 29 COMP. GEN. 453, INVOLVING THE RETURN OF A FOREIGN SERVICE OFFICER TO WASHINGTON, D.C., HIS PLACE OF RESIDENCE, FOR RETIREMENT. WE HELD THEREIN THAT THE OFFICER COULD NOT BE CONSIDERED IN A TRAVEL STATUS AT WASHINGTON D.C., THE PLACE OF RESIDENCE AT WHICH THE TRAVEL TERMINATED SO AS TO ENTITLE HIM TO A SUBSISTENCE ALLOWANCE FOR A PERIOD OF CONSULTATION AT WASHINGTON PRIOR TO THE EFFECTIVE DATE OF HIS RETIREMENT.

IN CONSONANCE WITH THAT DECISION, DEEMED CONTROLLING IN THE PRESENT CASE, YOU ARE ADVISED WE DO NOT CONSIDER MR. SMITH ENTITLED TO THE SUBSISTENCE ALLOWANCE CLAIMED FOR THE PERIOD OF HIS CONSULTATION IN WASHINGTON.

THE RECLAIM VOUCHER FORWARDED WITH YOUR LETTER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.