B-126020, DEC. 14, 1955

B-126020, DEC. 14, 1955

TO THE SECRETARY OF THE INTERIOR:

BY LETTER OF NOVEMBER 8, 1955, THE ADMINISTRATIVE ASSISTANT SECRETARY REQUESTS OUR DECISION AS TO WHETHER PAYMENT IS AUTHORIZED UPON A VOUCHER STATED IN FAVOR OF PAUL R. EYRICH, COVERING REIMBURSEMENT FOR TRAVEL EXPENSES BY THE CLAIMANT AND HIS FAMILY IN JUNE 1955. MR. EYRICH WAS GIVEN AN EXCEPTED APPOINTMENT WITH THE BUREAU OF MINES ON SEPTEMBER 18, 1951, FOR ASSIGNMENT TO MADRAS, INDIA. HE ARRIVED AT MADRAS, OCTOBER 27, 1951, AND HIS HEADQUARTERS WERE LATER CHANGED TO CUDDALORE, INDIA.

MR. EYRICH BECAME ELIGIBLE FOR STATUTORY HOME LEAVE IN OCTOBER 1953 BUT DUE TO EXIGENCIES OF THE PROJECT HE WAS REQUESTED TO DELAY HIS LEAVE. ARRANGEMENTS WERE MADE IN MARCH 1954, FOR HOME LEAVE BUT HE WAS AGAIN REQUESTED TO DELAY HIS DEPARTURE FOR A SHORT TIME TO ATTEND TO EMERGENCY MATTERS. THE RECORD FAILS TO SHOW THE DATE MR. EYRICH'S HOME LEAVE IN THE UNITED STATES BEGAN, BUT IT IS STATED THAT HE RETURNED TO INDIA IN AUGUST 1954 INSTEAD OF JUNE 1954 AS ORIGINALLY PLANNED. MR. EYRICH RESIGNED IN JUNE 1955. HOWEVER, WHEN THE BUREAU OF MINES WAS READY TO PROVIDE TRAVEL AUTHORIZATION TO COVER HIS EXPENSES BACK TO THE UNITED STATES, INFORMATION WAS RECEIVED FROM THE FOREIGN OPERATIONS ADMINISTRATION TO THE EFFECT THAT IN ORDER FOR MR. EYRICH'S EXPENSES TO BE BORNE BY THE GOVERNMENT HE WOULD BE REQUIRED TO SERVE A PERIOD OF ONE YEAR FOLLOWING THE LEAVE PREVIOUSLY TAKEN IN THE UNITED STATES. NO WRITTEN AGREEMENT TO REMAIN AT THE POST FOR ONE YEAR IS OF RECORD BUT IN VIEW OF THE INFORMATION FROM THE FOREIGN OPERATIONS ADMINISTRATION NO TRAVEL AUTHORIZATION WAS ISSUED TO THE FORMER EMPLOYEE AND HE WAS INFORMED BY CABLEGRAM DATED JUNE 7, 1955, TO PAY HIS OWN EXPENSES AND SUBMIT A CLAIM FOR CONSIDERATION.

IT IS UNDERSTOOD THAT MR. EYRICH WAS EMPLOYED UNDER THE TECHNICAL COOPERATION PROGRAM AND RECEIVED ALLOWANCES AND BENEFITS UNDER THE PROVISIONS OF THE FOREIGN SERVICE ACT OF 1946, AND THE REGULATION ISSUED PURSUANT THERETO. THE APPROPRIATION FROM WHICH PAYMENT OF THE VOUCHER IS PROPOSED APPEARS TO BE AN ALLOTMENT FROM FUNDS PROVIDED BY THE MUTUAL SECURITY APPROPRIATION ACT OF 1955, APPROVED SEPTEMBER 3, 1954, 68 STAT. 1219, WHICH FUNDS ARE SPECIFICALLY MADE AVAILABLE FOR PAYMENT OF EXPENSES AUTHORIZED BY THE FOREIGN SERVICE ACT OF 1946, AS AMENDED (22 U.S.C. 801- 1158) NOT OTHERWISE PROVIDED FOR.

SECTION 933 OF THE FOREIGN SERVICE ACT OF 1946, 22 U.S.C. 933, PROVIDES THAT THE SECRETARY SHALL ORDER TO THE CONTINENTAL UNITED STATES ON STATUTORY LEAVE OF ABSENCE EVERY OFFICER OR EMPLOYEE WHO IS A CITIZEN OF THE UNITED STATES AFTER TWO YEARS OF CONTINUOUS SERVICE ABROAD OR AS SOON AS POSSIBLE THEREAFTER.

THE FOREIGN SERVICE REGULATIONS CONTAINED IN VOLUME 1, FOREIGN SERVICE MANUAL, PART III, SECTIONS 114 AND 122.22, PROVIDE AS FOLLOWS:

"114. NECESSITY FOR WRITTEN AUTHORIZATION OR APPROVAL

"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 (FSTR 2.1). UNLESS JUSTIFIED ON THE BASIS OF AN EMERGENCY, TRAVEL SHALL NOT BE COMMENCED AND RELATED EXPENSES SHALL NOT BE INCURRED PRIOR TO THE ISSUANCE OF A TRAVEL AUTHORIZATION.

"122.22 ELIGIBILITY UPON RESIGNATION, RETIREMENT OR SEPARATION.

"EMPLOYEES INCLUDED IN THE CATEGORIES LISTED BELOW ARE ELIGIBLE TO RECEIVE TRAVEL AUTHORIZATIONS IN CONNECTION WITH RESIGNATIONS, RETIREMENTS, AND SEPARATIONS; IF AN EMPLOYEE RECEIVES A TRAVEL AUTHORIZATION IN CONNECTION WITH HIS RESIGNATION, RETIREMENT, OR SEPARATION, THE ISSUANCE OF THE AUTHORIZATION EVIDENCES HIS ELIGIBILITY.

"E. AN EMPLOYEE WHO RESIGNS AFTER HE HAS SERVED ABROAD A TOTAL OF AT LEAST 2 YEARS, INCLUDING AT LEAST 1 YEAR SINCE HIS LATEST ARRIVAL ABROAD FROM HOME LEAVE AT GOVERNMENT EXPENSE.'

THERE HAS BEEN FOUND NO PROVISION IN THE ABOVE REGULATIONS PERMITTING ANY EXCEPTION TO THE 1 YEAR SERVICE REQUIREMENT ABROAD AFTER HOME LEAVE IN THE UNITED STATES. ACCORDINGLY, SINCE MR. EYRICH DID NOT SERVE ONE YEAR ABROAD AFTER HIS RETURN TO INDIA FROM STATUTORY HOME LEAVE AND NO TRAVEL ORDERS WERE ISSUED FOR HIS RETURN TRAVEL, THE REGULATIONS WOULD APPEAR TO CONSTITUTE A BAR TO PAYMENT FROM THE MUTUAL SECURITY FUNDS (TECHNICAL COOPERATION) FOR THE TRAVEL IN QUESTION. HOWEVER, SEE SECTION 180 FOREIGN SERVICE TRAVEL REGULATIONS 2.26. THE VOUCHER AND ACCOMPANYING PAPERS ARE RETURNED HEREWITH.