B-132372, AUG. 29, 1957

B-132372, AUG. 29, 1957

TO MISS VIRGINIA L. WILLIAMS, AUTHORIZED CERTIFYING OFFICER, OFFICE OF FINANCE, DEPARTMENT OF STATE:

THIS REFERS TO OUR AUDIT EXCEPTION OF $142.63 STATED AGAINST VOUCHER 71184, SEPTEMBER 1954, ACCOUNT OF J. F. CANNON, SYMBOL 300. THE REASON FOR THE EXCEPTION WAS THE ABSENCE OF EVIDENCE THAT F. PATRICK KELLY WAS REQUIRED TO REPORT FOR CONSULTATION DUTIES IN WASHINGTON, D.C., ON MARCH 2, 1954. THEREFORE, THE ADDITIONAL COST OF TRAVEL OCCASIONED BY HIS USE OF INDIRECT ROUTE (PARIS, FRANCE, TO CANNES, FRANCE, TO NEW YORK, NEW YORK) WAS NOT ALLOWABLE.

THE RECORD SHOWS MR. KELLY WAS ASSIGNED TO THE FOREIGN SERVICE RESERVE CORPS (WITH REEMPLOYMENT RIGHTS IN ACCORDANCE WITH SECTION 522 (2) OF THE FOREIGN SERVICE ACT OF 1946) FROM A DEPARTMENTAL POSITION OF EXECUTIVE SECRETARY GS-13, EFFECTIVE MARCH 2, 1950. BY TRAVEL ORDER NO. 4-24387, JANUARY 27, 1954, ISSUED INCIDENT TO TERMINATION OF ASSIGNMENT, MR. KELLY AND HIS DEPENDENTS WERE AUTHORIZED OFFICIAL TRAVEL FROM PARIS, FRANCE, TO BATTLE VIEW, NORTH DAKOTA. A TMTWO MESSAGE DATED JANUARY 29, 1954, WAS RECEIVED IN THE STATE DEPARTMENT FROM PARIS REQUESTING CONSULTATION IN THE DEPARTMENT CONCERNING POSSIBLE REASSIGNMENT. ON FEBRUARY 9, 1954 THE DEPARTMENT APPROVED FIVE DAYS CONSULTATION WITHOUT PER DIEM.

MR. KELLY AND HIS FAMILY DEPARTED PARIS, FRANCE, ON FEBRUARY 20, 1954, TRAVELING BY RAIL TO CANNES, FRANCE, WHERE THEY SAILED FOR NEW YORK ARRIVING THERE ON MARCH 1, 1954. ON MARCH 2, 1954, HIS FAMILY DEPARTED FOR NORTH DAKOTA AND HE FOR WASHINGTON, D.C. THE COST, INCLUDING PER DIEM FOR TRAVEL FROM PARIS TO CANNES TO NEW YORK, AN INDIRECT ROUTE, WAS $2,040.12, WHEREAS, HAD THE TRAVEL BEEN PERFORMED VIA THE USUALLY TRAVELED DIRECT ROUTE TO NEW YORK, LEAVING PARIS ON FEBRUARY 26, 1954, AND SAILING FROM LE HAVRE ON FEBRUARY 27, 1954, THE COST INCLUDING PER DIEM WOULD HAVE BEEN $1,897.49.

SECTION 528 OF THE FOREIGN SERVICE ACT OF 1946, 60 STAT. 1010, PROVIDES:

"UPON THE TERMINATION OF THE ASSIGNMENT OF A RESERVE OFFICER ASSIGNED FROM ANY GOVERNMENT AGENCY, SUCH PERSON SHALL BE ENTITLED TO REINSTATEMENT IN THE GOVERNMENT AGENCY BY WHICH HE IS REGULARLY EMPLOYED IN THE SAME POSITION HE OCCUPIED AT THE TIME OF ASSIGNMENT, OR IN A CORRESPONDING OR HIGHER POSITION. UPON REINSTATEMENT HE SHALL RECEIVE THE WITHIN-GRADE SALARY ADVANCEMENTS HE WOULD HAVE BEEN ENTITLED TO RECEIVE HAD HE REMAINED IN THE POSITION IN WHICH HE IS REGULARLY EMPLOYED UNDER SUBSECTION (D), SECTION 7, OF THE CLASSIFICATION ACT OF 1923 (CLASSIFICATION ACT OF 1949), AS AMENDED, OR ANY CORRESPONDING PROVISION OF LAW APPLICABLE TO THE POSITION IN WHICH HE IS SERVING. * * *"

FOREIGN SERVICE TRAVEL REGULATIONS (180 FSTR 3.5) PROVIDE THAT TRAVEL UPON SEPARATION MAY COMMENCE AND TERMINATE AT ANY PLACE BUT THE ALLOWABLE EXPENSES ARE THE ACTUAL TRAVEL AND TRANSPORTATION EXPENSES INCURRED AND PER DIEM FOR EACH AUTHORIZED TRAVELER, NOT TO EXCEED THE CONSTRUCTIVE COST (180 PSTR 1.2R) OF AUTHORIZED TRAVEL. 180 FSTR 1.2R PROVIDES:

"CONSTRUCTIVE COST--- THE EXPENSES WHICH WOULD HAVE BEEN INVOLVED IN DIRECT TRANSPORTATION, WITHOUT DELAY OR INTERRUPTION FOR PERSONAL CONVENIENCE, BY A USUALLY TRAVELED ROUTE BETWEEN THE POINTS OF ORIGIN AND DESTINATION SPECIFIED IN THE TRAVEL AUTHORIZATION, UTILIZING MINIMUM FIRST -CLASS ACCOMMODATIONS (OR ACCOMMODATIONS ACTUALLY USED, IF LESS THAN FIRST -CLASS). IN CASE OF EXCESS COSTS RESULTING FROM INTERRUPTIONS, DELAYS OR DEVIATIONS FROM DIRECT ROUTES FOR PERSONAL CONVENIENCE, THE ALLOWABLE COST OF MINIMUM FIRST-CLASS ACCOMMODATIONS SHALL BE COMPUTED AS OF THE DAY FOLLOWING THE LAST DAY OF DUTY OF THE EMPLOYEE PRIOR TO HIS DEPARTURE UNDER THE TRAVEL AUTHORIZATION. THE CONSTRUCTIVE COST SHALL IN NO CASE EXCEED THE ALLOWABLE EXPENSES ACTUALLY INCURRED.'

UNDER THE ABOVE-QUOTED PROVISION OF THE FOREIGN SERVICE ACT THE EMPLOYEE WAS ENTITLED TO REINSTATEMENT IN THE SAME DEPARTMENTAL POSITION HE OCCUPIED AT THE TIME OF HIS ASSIGNMENT OR IN A CORRESPONDING OR HIGHER POSITION. THE TMTWO MESSAGE OF JANUARY 29,1954, TO THE DEPARTMENT OF STATE REQUESTING A CONSULTATION CONCERNING POSSIBLE REASSIGNMENT, INDICATED HIS DESIRE FOR REINSTATEMENT IN A DEPARTMENTAL POSITION. APPARENTLY ACTING UPON THE BASIS OF HIS REQUEST, THE DEPARTMENT ON FEBRUARY 26, 1954, ISSUED A REQUEST FOR PERSONNEL ACTION ON MR. KELLY FOR A LISTED FOREIGN SERVICE STAFF OFFICER APPOINTMENT EFFECTIVE MARCH 2, 1954, FOR A PERIOD OF 60 DAYS PENDING EXERCISE OF REEMPLOYMENT RIGHTS IN THE DEPARTMENT. THE REQUEST IS SHOWN TO HAVE BEEN GRANTED. THIS ACTION INSURED NO BREAK IN SERVICE WHILE THE EMPLOYEE WAS EXERCISING HIS REEMPLOYMENT RIGHTS.

THE REQUEST FOR A CONSULTATION IN THE STATE DEPARTMENT AND MR. KELLY'S EARLY TRAVEL BY AN INDIRECT ROUTE APPARENTLY WERE FOR PERSONAL REASONS RELATING TO HIS CONCERN OVER HIS REEMPLOYMENT. THEREFORE, HE WAS ENTITLED TO REIMBURSEMENT FOR THE TRAVEL AND TRANSPORATION EXPENSES IN AN AMOUNT NOT TO EXCEED THE COST VIA THE USUALLY TRAVELED DIRECT ROUTE FROM PARIS TO NEW YORK VIA LE HAVRE. WHILE IT MAY BE THAT MR. KELLY, AS SUGGESTED IN THE REPLY TO THE EXCEPTION, MIGHT HAVE BEEN ENTITLED TO CERTAIN ALLOWANCES HAD HE DELAYED HIS DEPARTURE FROM PARIS UNTIL FEBRUARY 26, 1954, THAT FACT AFFORDS NO LEGAL BASIS FOR THE PAYMENT OF ADDITIONAL TRAVEL EXPENSES.

THEREFORE, UPON THE REQUEST RECORD THE ACTION OF OUR AUDIT DIVISION IS SUSTAINED AND THE EXCEPTION MAY NOT BE REMOVED AS REQUESTED.