B-142826, JUN. 14, 1960

B-142826: Jun 14, 1960

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THE RECORD SHOWS TRAVEL EXPENSES WERE AUTHORIZED FOR YOU AND YOUR DEPENDENTS BY TRAVEL ORDER NO. 0-1129. YOU SAY IT WAS NECESSARY BECAUSE OF PERSONAL REASONS TO INTERRUPT YOUR TRAVEL AT WASHINGTON. THAT ALTHOUGH YOU ARE CONTINUING TO RESIDE IN THAT AREA YOU DO NOT CONSIDER IT TO BE YOUR PERMANENT HOME SINCE YOU ANTICIPATE COMPLETING TRAVEL TO EITHER IVANHOE OR SOME OTHER SELECTED PLACE IN THE NEAR FUTURE. PART III PROVIDES AS FOLLOWS: "WHEN TRAVEL OF AN EMPLOYEE OR HIS FAMILY OR TRANSPORTATION OF HIS EFFECTS COMMENCES IN ACCORDANCE WITH THE PROVISIONS OF FSTR 3.6 BUT EITHER THE TRAVEL OR TRANSPORTATION IS INTERRUPTED EN ROUTE FOR AN AGGREGATE PERIOD NOT IN EXCESS OF 12 MONTHS. IF YOU COMPLETE YOUR INTERRUPTED TRAVEL WITHIN THE TIME REQUIRED BY THE MANUAL FURTHER CONSIDERATION THEN WILL BE GIVEN YOUR CLAIM FOR ADDITIONAL TRAVEL TO YOUR SELECTED HOME.

B-142826, JUN. 14, 1960

TO MR. PHILIP F. CHERP:

YOUR LETTER OF APRIL 23, 1960, RELATES TO OUR OFFICE SETTLEMENT OF APRIL 20, 1960, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL TRAVEL EXPENSES INCURRED BY YOUR WIFE AND DEPENDENT CHILDREN FROM THE WASHINGTON, D.C., AREA TO MOBILE, ALABAMA, AND RETURN.

THE RECORD SHOWS TRAVEL EXPENSES WERE AUTHORIZED FOR YOU AND YOUR DEPENDENTS BY TRAVEL ORDER NO. 0-1129, DATED SEPTEMBER 11, 1959, FROM YOUR FORMER OFFICIAL DUTY STATION AT ROME, ITALY, TO IVANHOE, MINNESOTA, YOUR HOME OF RECORD, VIA WASHINGTON, D.C., INCIDENT TO YOUR SEPARATION FROM THE SERVICE OF THE DEPARTMENT OF STATE BECAUSE OF RETIREMENT. YOU COMMENCED TRAVEL OCTOBER 10, 1959, AND ARRIVED AT TAKOMA PARK, MARYLAND, WITHIN THE WASHINGTON AREA, ON OCTOBER 19, 1959. YOU PERFORMED TEMPORARY DUTY AT THE DEPARTMENT OF STATE UNTIL NOVEMBER 3. YOU SAY YOUR WIFE AND CHILDREN DEPARTED FROM WASHINGTON BY AIR FOR MOBILE, ALABAMA, OCTOBER 30, 1959, RETURNING TO WASHINGTON NOVEMBER 8, 1959. YOU NOW CLAIM REIMBURSEMENT OF $319.33 FOR THE ROUND-TRIP TRAVEL EXPENSES OF YOUR DEPENDENTS FOR SUCH TRAVEL. YOU SAY IT WAS NECESSARY BECAUSE OF PERSONAL REASONS TO INTERRUPT YOUR TRAVEL AT WASHINGTON, AND THAT ALTHOUGH YOU ARE CONTINUING TO RESIDE IN THAT AREA YOU DO NOT CONSIDER IT TO BE YOUR PERMANENT HOME SINCE YOU ANTICIPATE COMPLETING TRAVEL TO EITHER IVANHOE OR SOME OTHER SELECTED PLACE IN THE NEAR FUTURE.

SECTION 124 OF VOLUME 1 OF THE FOREIGN SERVICE MANUAL, PART III PROVIDES AS FOLLOWS:

"WHEN TRAVEL OF AN EMPLOYEE OR HIS FAMILY OR TRANSPORTATION OF HIS EFFECTS COMMENCES IN ACCORDANCE WITH THE PROVISIONS OF FSTR 3.6 BUT EITHER THE TRAVEL OR TRANSPORTATION IS INTERRUPTED EN ROUTE FOR AN AGGREGATE PERIOD NOT IN EXCESS OF 12 MONTHS, EXCLUDING DELAYS DUE TO CIRCUMSTANCES BEYOND HIS CONTROL (SUCH AS STRIKES OR WAR EMERGENCIES), THE EXPENSES OF TRAVEL OR TRANSPORTATION FROM THE AUTHORIZED POINT OF ORIGIN TO THE STOP- OVER POINT OR POINTS AND TO THE AUTHORIZED DESTINATION SHALL BE PAYABLE.'

THEREFORE, IF YOU COMPLETE YOUR INTERRUPTED TRAVEL WITHIN THE TIME REQUIRED BY THE MANUAL FURTHER CONSIDERATION THEN WILL BE GIVEN YOUR CLAIM FOR ADDITIONAL TRAVEL TO YOUR SELECTED HOME. AT THIS TIME, WE MUST TREAT WASHINGTON, D.C., AS THE ALTERNATE LOCATION TO WHICH YOU TRAVELED AND ESTABLISHED A RESIDENCE. IN THE CIRCUMSTANCES, WE FIND NO AUTHORITY UNDER THE FOREIGN SERVICE TRAVEL REGULATIONS TO INCLUDE THE EXPENSE OF YOUR DEPENDENTS TRAVEL TO MOBILE AND RETURN AS PART OF THE CONSTRUCTIVE TRAVEL COST FROM YOUR PRESENT RESIDENCE WITHIN THE WASHINGTON AREA TO IVANHOE EVEN THOUGH YOU SAY THAT SHOULD SUCH EXPENSE BE ALLOWED NO FURTHER CLAIM FOR TRAVEL EXPENSES WILL BE MADE BY YOU IN THE EVENT TRAVEL IS COMPLETED TO YOUR SELECTED HOME WITHIN THE REQUIRED TIME LIMITATION.

THEREFORE, THE DISALLOWANCE OF YOUR CLAIM FOR ADDITIONAL TRAVEL EXPENSES WAS PROPER, AND, UPON REVIEW THE SETTLEMENT IS SUSTAINED.