B-132237, JUL. 30, 1957

B-132237, JUL. 30, 1957

TO MR. A. NICHOLAS VARDAC:

YOUR LETTER OF JUNE 2, 1957, REQUESTS A REVIEW OF OUR SETTLEMENT DATED APRIL 2, 1957, WHICH DISALLOWED THE AMOUNT CLAIMED AS REIMBURSEMENT FOR YOUR WIFE'S TRAVELING EXPENSES FROM SAIGON, VIETNAM TO BELMONT, MASSACHUSETTS, UPON SEPARATION FROM THE SERVICE.

YOUR CLAIM WAS DENIED UPON THE GROUND THAT SINCE YOU WERE MARRIED SUBSEQUENT TO THE DATE OF YOUR NOTICE OF SEPARATION FROM THE SERVICE, THE MARRIAGE NOT HAVING BEEN APPROVED BY THE ADMINISTRATIVE OFFICE AS REQUIRED BY REGULATION, THE GOVERNMENT WAS UNDER NO OBLIGATION TO REIMBURSE YOU FOR THE EXPENSES OF YOUR WIFE IN ACCOMPANYING YOU BACK TO THE UNITED STATES.

THE RECORD INDICATES THAT WHILE YOU WERE STATIONED IN SAIGON, VIETNAM, YOU MADE APPLICATION ON AUGUST 18, 1955, FOR PERMISSION TO MARRY A FRENCH CITIZEN. ON NOVEMBER 4, 1955, YOU WERE NOTIFIED OF YOUR PROPOSED SEPARATION FROM THE SERVICE. BY REASON OF THAT DEVELOPMENT, YOU STATE THAT IN ORDER TO ATTEMPT TO OBTAIN A VISA FOR YOUR WIFE YOU DECIDED TO BE MARRIED ON DECEMBER 18, 1955, WITHOUT DEPARTMENTAL APPROVAL OF THE MARRIAGE, THE MARRIAGE HAVING BEEN APPROVED LOCALLY BY THE UNITED STATES AMBASSADOR AND OTHER OFFICIALS. THE MARRIAGE WAS ACCOMPLISHED ON THAT DATE AND ON DECEMBER 20, 1955, TRAVEL ORDERS WERE ISSUED FOR YOUR RETURN TO THE UNITED STATES BUT WHICH ORDERS MADE NO PROVISION FOR PAYMENT OF THE EXPENSES OF YOUR WIFE, THE ORDERS INDICATING THAT YOU HAD NO FAMILY. ATTEMPTS WERE MADE BY THE LOCAL OFFICIALS TO OBTAIN AUTHORITY FOR YOUR WIFE TO TRAVEL AT GOVERNMENT EXPENSE PRIOR TO THE DATE OF YOUR DEPARTURE FOR THE UNITED STATES ON JANUARY 12, 1956, BUT WITHOUT SUCCESS.

THE UNITED STATES INFORMATION AGENCY HAS REPORTED THAT YOUR SEPARATION WAS NOT OCCASIONED BECAUSE OF YOUR MARRIAGE BUT FOR OTHER REASONS. HOWEVER, IT IS THEIR POSITION THAT SINCE YOU WERE AWARE OF YOUR IMPENDING SEPARATION PRIOR TO MARRIAGE AND SINCE YOU PROCEEDED WITH THE MARRIAGE WITHOUT THE AGENCY'S APPROVAL, YOU WERE NOT ENTITLED TO REIMBURSEMENT OF THE EXPENSES INCURRED IN BRINGING YOUR WIFE TO THE UNITED STATES.

SINCE YOU WERE NOT SEPARATED FROM THE SERVICE BECAUSE OF YOUR MARRIAGE, WE FIND NOTHING IN THE FOREIGN SERVICE REGULATIONS WHICH SPECIFICALLY PRECLUDES THE AGENCY FROM AUTHORIZING OR APPROVING AT GOVERNMENT EXPENSE THE TRAVEL OF A DEPENDENT WIFE ACQUIRED UNDER THE CIRCUMSTANCES HERE INVOLVED. AS A MATTER OF FACT, PARAGRAPH 3.71 OF THE FOREIGN SERVICE MANUAL, PART III, 180 APPEARS TO PERMIT TRAVEL OF DEPENDENTS ACQUIRED AFTER DATE OF A TRAVEL ORDER IN THE ABSENCE OF ANY SPECIFICALLY STATED LIMITATION. HOWEVER, YOUR ATTENTION IS INVITED TO SECTION 114 OF PART III OF THE FOREIGN SERVICE MANUAL WHICH PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"WRITTEN AUTHORIZATION OR APPROVAL MUST BE ISSUED FOR ALL TRAVEL, TRANSPORTATION, AND RELATED EXPENSES COVERED BY THESE REGULATIONS BEFORE PAYMENT OR REIMBURSEMENT CAN BE MADE FROM GOVERNMENT FUNDS. * * *"

UNDER THE ABOVE REGULATION, IT IS DISCRETIONARY WITH THE UNITED STATES INFORMATION AGENCY TO AUTHORIZE OR APPROVE TRAVEL AT GOVERNMENT EXPENSE. SINCE YOUR TRAVEL ORDER OF DECEMBER 20, 1955, SPECIFICALLY INDICATED THAT YOU HAD NO FAMILY FOR WHICH TRAVEL NORMALLY IS AUTHORIZED AND SINCE THE EXPENSES INCURRED ON THE BEHALF OF YOUR WIFE HAVE NOT BEEN SUBSEQUENTLY APPROVED BY THAT ..END :