B-142984, JUL. 11, 1960

B-142984: Jul 11, 1960

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WHILE YOU WERE EMPLOYED AS TECHNICAL ADVISER ASSIGNED TO TEMPORARY DUTY IN BUENOS AIRES. WAS YOUR PERMANENT DUTY STATION WHEN. YOU WERE DIRECTED TO PROCEED TO BUENOS AIRES FOR TEMPORARY DUTY WITH THE UNITED STATES OPERATIONS MISSION. YOUR TEMPORARY DETAIL TO ARGENTINA WAS TERMINATED. YOU WERE DIRECTED TO RETURN TO THE UNITED STATES FOR PERMANENT DUTY AT WASHINGTON. ALL TRAVEL PERFORMED PURSUANT TO THE ABOVE-MENTIONED ORDERS WAS AT GOVERNMENT EXPENSE WITH THE EXCEPTION THAT THE COST FOR AIR TRAVEL USED BY YOUR DEPENDENTS FROM LIMA TO BUENOS AIRES. WAS BORNE BY YOU. AT THE TIME YOUR TEMPORARY DETAIL TO ARGENTINA WAS BEING CONSIDERED. IT WAS ANTICIPATED THAT BUENOS AIRES EVENTUALLY WOULD BE DESIGNATED AS YOUR PERMANENT STATION.

B-142984, JUL. 11, 1960

TO MR. WILDE W. OLIVE:

YOUR LETTER OF MAY 12, 1960, REQUESTS RECONSIDERATION OF OUR SETTLEMENT DATED MARCH 18, 1960, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED FOR TRAVEL OF YOUR IMMEDIATE FAMILY (WIFE, AND TWO SONS- -- TWO AND FIVE YEARS OF AGE), FROM LIMA, PERU, TO BUENOS AIRES, ARGENTINA, AND RETURN, WHILE YOU WERE EMPLOYED AS TECHNICAL ADVISER ASSIGNED TO TEMPORARY DUTY IN BUENOS AIRES, ARGENTINA, WITH THE DEPARTMENT OF THE INTERIOR, GEOLOGICAL SURVEY, U.S. OPERATIONS MISSION (ICA).

THE RECORD SHOWS THAT LIMA, PERU, WAS YOUR PERMANENT DUTY STATION WHEN, PURSUANT TO ORDERS DATED JUNE 30, 1959, AS AMENDED JULY 2, 1959, YOU WERE DIRECTED TO PROCEED TO BUENOS AIRES FOR TEMPORARY DUTY WITH THE UNITED STATES OPERATIONS MISSION, ICA, IN ARGENTINA, SUCH TRAVEL TO BEGIN ABOUT JUNE 30 AND END ON OR ABOUT SEPTEMBER 30, 1959. THOSE ORDERS CONTAINED NO AUTHORIZATION FOR THE MOVEMENT OF YOUR DEPENDENTS TO THE TEMPORARY DUTY STATION AT GOVERNMENT EXPENSE. BY ORDERS DATED OCTOBER 6, 1959, YOUR TEMPORARY DETAIL TO ARGENTINA WAS TERMINATED, AND YOU WERE DIRECTED TO RETURN TO THE UNITED STATES FOR PERMANENT DUTY AT WASHINGTON, D.C. ON OR ABOUT OCTOBER 21, 1959, YOU AND YOUR DEPENDENTS DEPARTED FROM BUENOS AIRES BY COMMERCIAL AIRCRAFT FOR LIMA, AND THEREAFTER YOU AND THE MEMBERS OF YOUR FAMILY TRAVELED TO WASHINGTON, YOUR NEW PERMANENT STATION. ALL TRAVEL PERFORMED PURSUANT TO THE ABOVE-MENTIONED ORDERS WAS AT GOVERNMENT EXPENSE WITH THE EXCEPTION THAT THE COST FOR AIR TRAVEL USED BY YOUR DEPENDENTS FROM LIMA TO BUENOS AIRES, AND RETURN, WAS BORNE BY YOU.

AT THE TIME YOUR TEMPORARY DETAIL TO ARGENTINA WAS BEING CONSIDERED, IT WAS ANTICIPATED THAT BUENOS AIRES EVENTUALLY WOULD BE DESIGNATED AS YOUR PERMANENT STATION. THE FACTS, AS REPORTED, SHOW THAT SOME THREE MONTHS PRIOR TO THE DATE YOU WERE ORDERED TO ARGENTINA, YOUR MOTHER-IN-LAW, A RESIDENT OF BATON ROUGE, LOUISIANA, HAD UNDERGONE A MAJOR SURGICAL OPERATION AND, AS OF JUNE 1959, THERE WAS SOME LIKELIHOOD THAT YOUR WIFE WOULD BE REQUIRED TO RETURN TO THE STATES. HOWEVER, PRIOR TO YOUR DEPARTURE FOR BUENOS AIRES, YOU WERE OFFICIALLY ADVISED THAT IF YOUR DEPENDENTS ACCOMPANIED YOU TO THE TEMPORARY STATION, THE EXPENSE OF THEIR TRAVEL THERETO FROM LIMA WOULD BE BORNE BY YOU, AND THAT REIMBURSEMENT FOR SUCH COSTS WOULD NOT BE IN ORDER UNLESS YOUR PERMANENT TRANSFER TO BUENOS AIRES WAS EFFECTED. THUS, IT CLEARLY APPEARS THAT YOU ELECTED TO HAVE YOUR DEPENDENTS ACCOMPANY YOU TO BUENOS AIRES AT YOUR OWN EXPENSE AND UNDERSTOOD THAT THE GOVERNMENT WOULD LATER REIMBURSE YOU FOR THE COST OF THEIR TRANSPORTATION ONLY IN THE EVENT THE TRANSFER OF STATION TO BUENOS AIRES WAS EFFECTED.

OFFICIAL TRAVEL FOR OFFICERS AND EMPLOYEES (AND THEIR IMMEDIATE FAMILIES) ASSIGNED TO MISSIONS OF THE INTERNATIONAL COOPERATION ADMINISTRATION AT GOVERNMENT EXPENSE, IS GOVERNED BY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS SUPPLEMENTED BY THE ICA FOREIGN SERVICE TRAVEL REGULATIONS PUBLISHED IN THE INTERNATIONAL COOPERATION ADMINISTRATION MANUAL. THOSE REGULATIONS PROVIDE THAT ALL TRAVEL SHALL BE OFFICIALLY AUTHORIZED OR APPROVED IN WRITING BEFORE PAYMENT OR REIMBURSEMENT IS AUTHORIZED FROM GOVERNMENT FUNDS. NO STATUTE OR REGULATION HAS BEEN FOUND WHICH AUTHORIZES THE MOVEMENT OF A CIVILIAN EMPLOYEE'S DEPENDENTS TO, FROM, OR BETWEEN TEMPORARY DUTY STATIONS AT GOVERNMENT EXPENSE, INCLUDING CASES WHERE UNDUE HARDSHIP MAY RESULT.

IN THE CIRCUMSTANCES, AND IRRESPECTIVE OF ANY EQUITIES THAT MAY EXIST IN YOUR FAVOR, WE HAVE NO AUTHORITY TO ALLOW YOUR CLAIM FOR UNAUTHORIZED TRAVEL PERFORMED BY YOUR DEPENDENTS IN ANTICIPATION OF A PERMANENT TRANSFER WHICH WAS NEVER EFFECTED. THEREFORE, THE SETTLEMENT DATED MARCH 18, 1960, MUST BE AND IS SUSTAINED.