B-94626, MAY 11, 1950, 29 COMP. GEN. 453

B-94626, MAY 11, 1950, 29 COMP. GEN. 453

SUBSISTENCE - PER DIEMS - TRAVEL STATUS - FOREIGN SERVICE PERSONNEL RETURNED TO UNITED STATES FOR RETIREMENT A FOREIGN SERVICE OFFICER WHOSE SERVICES AT HIS FOREIGN DUTY POST WERE TERMINATED PRIOR TO HIS DEPARTURE FOR HIS PLACE OF RESIDENCE IN THE UNITED STATES FOR PURPOSES OF RETIREMENT, UNDER ORDERS AUTHORIZING TRAVELING EXPENSES AND PER DIEM TO SUCH POINT, MAY NOT BE CONSIDERED AS HAVING BEEN IN A TRAVEL STATUS AWAY FROM HIS FOREIGN DUTY STATION DURING THE PERIOD OF CONSULTATION PRIOR TO THE EFFECTIVE DATE OF RETIREMENT AT HIS DESIGNATED PLACE OF RESIDENCE, SO AS TO BE ENTITLED UNDER THE FOREIGN SERVICE REGULATIONS TO PER DIEM FOR SUCH PERIOD.

COMPTROLLER GENERAL WARREN TO H. W. GRIFFIN, DEPARTMENT OF STATE, MAY 11, 1950:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 13, 1950, YOUR REFERENCE 10MB.1DF/Y.1HWG, REQUESTING A DECISION AS TO WHETHER UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER SET FORTH A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF GEORGE L. BRANDT FOR PER DIEM ALLOWANCE IN THE AMOUNT OF $65.25 PROPERLY MAY BE CERTIFIED FOR PAYMENT. THE AMOUNT CLAIMED IS STATED TO REPRESENT A RECLAIM OF AN AMOUNT ADMINISTRATIVELY SUSPENDED ON DISBURSING OFFICER VOUCHER NO. 1004819 INCLUDED IN THE FEBRUARY 1950 ACCOUNTS OF PAUL D. BANNING, CHIEF DISBURSING OFFICER, TREASURY DEPARTMENT.

IT APPEARS FROM THE INFORMATION TRANSMITTED HERE WITH YOUR LETTER THAT BY AUTHORIZATION DATED NOVEMBER 8, 1949, NO. 10-12288, MR. BRANDT, AMERICAN CONSUL GENERAL, NAPLES, ITALY, WAS AUTHORIZED TO TRAVEL FROM NAPLES TO WASHINGTON, D.C., FOR PURPOSES OF RETIREMENT AS A FOREIGN SERVICE OFFICER. PER DIEM, EXPENSES OF TRAVEL, AND TRANSPORTATION OF EFFECTS FROM NAPLES TO WASHINGTON WERE AUTHORIZED IN ACCORDANCE WITH FOREIGN SERVICE REGULATIONS. SAID ORDER ALSO AUTHORIZED MR. BRANDT AFTER HIS ARRIVAL AT WASHINGTON, D.C., TO REPORT TO THE DEPARTMENT OF STATE FOR CONSULTATION ,THROUGH THE PERIOD ENDING DECEMBER 31, 1949.'

THE DOUBT PROMPTING YOUR REQUEST FOR DECISION PERTAINS TO THE PER DIEM CLAIMED FOR THE PERIOD--- DECEMBER 25 THROUGH 31--- OF CONSULTATION AT THE DEPARTMENT OF STATE, WASHINGTON, D.C., AND IS STATED TO HAVE ARISEN BY REASON OF THE FACT THAT WASHINGTON, D.C., IS THE RESIDENCE DESIGNATED BY THE EMPLOYEE TO WHICH HE WAS ENTITLED TO BE RETURNED AT GOVERNMENT EXPENSE INCIDENT TO HIS RETIREMENT. YOU POINT OUT IN YOUR LETTER THAT MR. BRANDT HAS INDICATED ON THE VOUCHER IN QUESTION THAT HE HAS NOT HAD A HOME IN WASHINGTON SINCE HIS TRANSFER FROM THAT CITY TO NAPLES, ITALY, IN 1944, AND THAT PRESENTLY HE IS SEEKING A RESIDENCE IN MARYLAND. ALSO, THE QUERY IS POSED IN YOUR LETTER AS TO WHETHER UNDER THE CIRCUMSTANCES NAPLES PROPERLY MAY BE REGARDED AS THE OFFICIAL STATION OF MR. BRANDT FOR PER DIEM PURPOSES UNTIL THE EFFECTIVE DATE OF HIS RETIREMENT.

SECTION 103.607 (K) OF THE FOREIGN SERVICE REGULATIONS IS, IN PART, AS FOLLOWS:

(K) RESIGNATION, RETIREMENT OR SEPARATION--- UNITED STATES CITIZENS

(1) UNLESS HE ELECTS TO RESIDE ABROAD, TRAVEL EXPENSES AND PER DIEM, INCLUDING TRAVEL EXPENSES AND PER DIEM OF HIS FAMILY, AND THE TRANSPORTATION OF HIS EFFECTS FROM THE LAST AND PREVIOUS POSTS TO HIS PLACE OF RESIDENCE IN THE CONTINENTAL UNITED STATES (SEE 103-605 (F) (FOR AN OFFICER OR EMPLOYEE ADMINISTRATIVELY DETERMINED TO BE INCLUDED IN ONE OF THE CATEGORIES LISTED BELOW, AND THE ISSUANCE OF A TRAVEL AUTHORIZATION SHALL BE DEEMED EVIDENCE OF SUCH ADMINISTRATIVE DETERMINATION.

(III) ANY OFFICER OR EMPLOYEE WHO IS A CITIZEN OF THE UNITED STATES WHO RETIRES OR IS SEPARATED FROM THE SERVICE * * *.

SECTION 103.605 (F) OF THE SAID REGULATIONS DEFINES "PLACE OF RESIDENCE IN THE CONTINENTAL UNITED STATES" AS THE PLACE IN THE CONTINENTAL UNITED STATES LAST DESIGNATED BY AN EMPLOYEE IN ACCORDANCE WITH SECTION 102.320 OF THE FOREIGN SERVICE REGULATIONS AS THE PLACE WHERE HE WILL RESIDE ON THE TERMINATION OF HIS SERVICES, AND SECTION 102.320 PRESCRIBES THAT THE DESIGNATION OF RESIDENCE SHALL BE MADE ON FORM 304. IN THAT SECTION IT IS EMPHASIZED THAT THE INFORMATION ON FORM 304 BE KEPT CURRENT AT ALL TIMES, SINCE SUCH INFORMATION FORMS THE BASIS OF DETERMINING THE AMOUNT OF TRAVEL EXPENSES AND SALARY DURING TRANSIT ALLOWABLE IN CONNECTION WITH SERVICE- SEPARATION TRAVEL.

IT IS APPARENT THAT THE RIGHTS OF FOREIGN SERVICE EMPLOYEES TO EXPENSES OF TRAVEL (INCLUDING PER DIEM) UPON RETURN TO THE UNITED STATES FROM THEIR LAST PERMANENT FOREIGN DUTY STATION INCIDENT TO THEIR RETIREMENT ARE GOVERNED BY THOSE SECTIONS OF THE FOREIGN SERVICE REGULATIONS REFERRED TO ABOVE. UNDER THE CLEAR LANGUAGE OF THOSE REGULATIONS TRAVEL EXPENSES AND PER DIEM CEASE UPON AN EMPLOYEE'S ARRIVAL AT THE PLACE OF RESIDENCE IN THE UNITED STATES DESIGNATED BY HIM ON FORM 304. SINCE MR. BRANDT DESIGNATED WASHINGTON, D.C., ON THE PRESCRIBED FORM AS THE PLACE WHERE HE WOULD RESIDE, THE CONCLUSION IS REQUIRED THAT NO AUTHORITY EXISTS FOR PAYMENT OF PER DIEM AFTER HIS ARRIVAL AT THAT CITY.

THERE APPEARS NO PROPER OR LOGICAL BASIS UPON WHICH MR. BRANDT MAY BE CONSIDERED AS HAVING BEEN IN A TEMPORARY DUTY STATUS WITH PERMANENT STATION AT NAPLES, ITALY, DURING THE PERIOD OF CONSULTATION AT THE DEPARTMENT OF STATE, WASHINGTON, D.C., SINCE HIS SERVICES AT NAPLES HAD BEEN COMPLETELY TERMINATED PRIOR TO HIS DEPARTURE THEREFROM AND HIS RETURN TO THAT CITY FOR FURTHER DUTY WAS NOT CONTEMPLATED. NOR WAS ANY OTHER PLACE DESIGNATED AS A NEW OR PROSPECTIVE STATION OF MR. BRANDT FROM WHICH HE MAY HAVE BEEN CONSIDERED ABSENT IN A TEMPORARY DUTY STATUS AFTER HIS ARRIVAL IN WASHINGTON, D.C. IN ANY EVENT, AS POINTED OUT ABOVE, HIS RIGHTS PROPERLY ARE FOR DETERMINATION UPON THOSE SECTIONS OF THE FOREIGN SERVICE REGULATIONS HERETOFORE REFERRED TO, RATHER THAN UNDER OTHER PARTS OF SUCH REGULATIONS RELATING TO TEMPORARY DETAILS (TEMPORARY DUTY STATUS), WHICH CONTEMPLATES THE EXISTENCE OF A PERMANENT DUTY STATION.

MR. BRANDT'S CLAIM FOR AN ADDITIONAL ONE-FOURTH DAY'S PER DIEM ($2.25), ADMINISTRATIVELY SUSPENDED FOR THE REASON THAT AN EARLIER TRAIN TO WASHINGTON, D.C., FROM NEW YORK CITY, PORT OF DEBARKATION, COULD HAVE BEEN UTILIZED, APPEARS PROPER FOR PAYMENT IN VIEW OF HIS EXPLANATION THAT THE DELAY IN HIS DEPARTURE FROM NEW YORK CITY ON DECEMBER 24, CHRISTMAS EVE, RESULTED SOLELY FROM HIS INABILITY TO SECURE RESERVATIONS ON AN EARLIER TRAIN.

ACCORDINGLY, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IN AN AMOUNT NOT TO EXCEED $2.25.