B-126020, JUL. 18, 1956

B-126020, JUL. 18, 1956

TO MR. J. E. FOWLER, JR., AUTHORIZED CERTIFYING OFFICER, BUREAU OF MINES:

YOUR LETTER OF APRIL 11, 1956, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH ENCLOSED. THE VOUCHER IS STATED IN FAVOR OF PAUL R. EYRICH, FOR $1,695.61, AND REPRESENTS REIMBURSEMENT FOR TRAVEL EXPENSES OF THE CLAIMANT AND FAMILY IN RETURNING TO THE UNITED STATES IN JUNE 1955.

THIS VOUCHER WAS SUBMITTED TO OUR OFFICE BY THE ADMINISTRATIVE ASSISTANT SECRETARY, FOR ADVANCE DECISION, AND IN OUR DECISION OF DECEMBER 14, 1955, B-126020, TO THE SECRETARY OF THE INTERIOR, WE HELD THAT PAYMENT ON THE VOUCHER WAS UNAUTHORIZED UPON THE THEN STATE OF THE RECORD. THE RECORD PRESENTED AT THAT TIME DISCLOSED THAT WHILE MR. EYRICH HAD QUALIFIED FOR HOME LEAVE AFTER TWO YEARS OF SERVICE, HE HAD BEEN REQUESTED TO DELAY THE TAKING OF SUCH LEAVE, AND THAT AFTER TAKING HOME LEAVE HE RETURNED TO HIS FOREIGN STATION BUT RESIGNED BEFORE HE HAD COMPLETED AN ADDITIONAL ONE YEAR'S SERVICE AFTER THE DATE OF THE RETURN AS REQUIRED BY FOREIGN SERVICE REGULATIONS, VOL. 1, PART III, SECTION 122.22 (E), AND ALSO HAD RETURNED TO THE UNITED STATES WITHOUT TRAVEL ORDERS AS REQUIRED BY SECTION 114 OF THE FOREIGN SERVICE REGULATIONS.

THE RECORD ACCOMPANYING YOUR SUBMISSION DISCLOSES THAT SINCE THE DATE OF OUR DECISION THE ONE YEAR'S SERVICE REQUIRED UNDER SECTION 122.22 (E) HAS BEEN WAIVED AS PERMITTED BY THE REGULATION, THAT THE RESIGNATION HAS BEEN ACCEPTED AS BEING ADVANTAGEOUS TO THE GOVERNMENT, AND THAT THE EXPENSES HAVE BEEN ADMINISTRATIVELY APPROVED UNDER 180 FSTR 2.26. THOSE ADMINISTRATIVE ACTIONS REMOVE THE OBJECTIONS TO PAYMENT UPON WHICH OUR DECISION OF DECEMBER 14, 1955, WAS BASED. ACCORDINGLY, THE VOUCHER MAY BE CERTIFIED FOR PAYMENT IN THE ABSENCE OF OTHER OBJECTION.