B-163364, APR 6, 1971

B-163364, APR 6, 1971

TEMPORARY QUARTERS - COST OF LIVING ALLOWANCES DECISION AUTHORIZING PAYMENT OF $123.20 REPRESENTING THE BALANCE OF TEMPORARY QUARTERS ALLOWANCE DUE WILLIAM W. CANTELO INCIDENT TO HIS TRANSFER FROM BANGKOK, THAILAND, TO ST. CROIX VIRGIN ISLANDS, AS AN EMPLOYEE OF THE DEPARTMENT OF AGRICULTURE. WHEN ORIGINALLY MADE, THE TEMPORARY QUARTERS ALLOWANCE OF $538.50 REPRESENTED A NET AMOUNT AFTER DEDUCTION OF $123.20 COST-OF-LIVING ALLOWANCE. IT WAS SUBSEQUENTLY DETERMINED THAT SUCH A DEDUCTION NEED NOT BE MADE AND ACCORDINGLY A SETTLEMENT WILL BE ISSUED TO CLAIMANT FOR THE $123.20.

TO MR. WILLIAM W. CANTELO:

THIS REFERS TO YOUR LETTER OF JANUARY 7, 1971, REQUESTING AN ITEMIZATION OF THE TRAVEL EXPENSES WHICH YOU WERE REIMBURSED INCIDENT TO YOUR APPOINTMENT WITH THE DEPARTMENT OF AGRICULTURE AT ST. CROIX, VIRGIN ISLANDS, AFTER SERVING A TOUR OF DUTY WITH THE AGENCY FOR INTERNATIONAL DEVELOPMENT IN BANGKOK, THAILAND.

BY OUR DECISION OF JUNE 27, 1968, B-163364, COPY HEREWITH, YOU WERE AUTHORIZED CONSTRUCTIVE COST OF TRAVEL FOR YOUR DEPENDENTS FROM BANGKOK TO ST. CROIX AND CONSTRUCTIVE COST OF TRAVEL FOR YOURSELF FROM BANGKOK TO ST. CROIX BY INDIRECT ROUTE TO PERFORM TEMPORARY DUTY EN ROUTE. UNDER USAID/BANGKOK TRAVEL AUTHORIZATION NO. 66-548 THE AGENCY FOR INTERNATIONAL DEVELOPMENT PAID THE FOLLOWING COSTS:

TRAVEL COSTS:

AIR PASSAGE - EMPLOYEE FROM BANGKOK,

THAILAND, TO SOMERVILLE, MASS., VIA

WASHINGTON; AND WIFE AND 3 MINOR

CHILDREN FROM BANGKOK, THAILAND, TO

SOMERVILLE, MASS., DIRECT - $2,358.80

PER DIEM - 5/1/66 TO 5/3/66 -

EMPLOYEE, WIFE AND 3 MINOR

CHILDREN - BANGKOK, THAILAND, TO

SOMERVILLE, MASS., 3-1/2 DAYS - $196.00

ALLOWABLE EXPENSES - 7.00 203.00

PER DIEM - 8/15/66 TO 8/17/66 -

EMPLOYEE 2 DAYS CONSULTATION

WASHINGTON - 37.00

TRAVEL AND PER DIEM - TOTAL $2,598.80

TRANSPORTATION AND ANCILLARY CHARGES-EFFECTS:

UNACCOMPANIED BAGGAGE PACKING

CHARGES - $ 17.98

AIR FREIGHT - BANGKOK, THAILAND, TO

SOMERVILLE, MASS. - 588.37 $ 606.35

HOUSEHOLD EFFECTS:

PACKING CHARGES - 234.10

OCEAN FREIGHT - BANGKOK, THAILAND,

TO BOSTON, MASS. - 1,302.00

INLAND FREIGHT - BOSTON, MASS., TO

ARLINGTON, MASS. - 67.69

WHARFAGE CHARGES - BOSTON

TRANSPORTATION OF EFFECTS - 5.06 1,608.85

TOTAL $2,215.20

TOTAL COSTS PAID BY AID ON TA 66-548 $4,814.00

BY OUR CLAIMS DIVISION SETTLEMENT OF MARCH 17, 1970, YOU WERE REIMBURSED FOR THE CONSTRUCTIVE COST OF DIRECT TRAVEL FOR YOUR DEPENDENTS AND INDIRECT TRAVEL FOR YOURSELF TO PERFORM TEMPORARY DUTY EN ROUTE FROM BANGKOK TO ST. CROIX AS FOLLOWS:

TRAVEL COSTS:

AIR PASSAGE - EMPLOYEE FROM BANGKOK

TO WASH., D.C., - $ 639.00

DEPENDANTS - BANGKOK TO ST. CROIX - 1,791.50

PER DIEM - EMPLOYEE - BANGKOK TO

WASH., D.C., 3 3/4 DAYS $ 60.00

DEPENDENTS - GANGKOK TO ST. CROIX

3 3/4 DAYS - 150.00

EMPLOYEE - WASH., D.C., TO MIAMI,

FLORIDA - 240.00

EMPLOYEE - MIAMI TO ST. CROIX - 16.00 $ 466.00

AUTOMOBILE TRAVEL - WASH. D.C., TO

MIAMI - WITH TEMPORARY DUTY EN ROUTE

MILEAGE - $ 102.84

TOLLS, ETC., EN ROUTE WASH., D.C.,

TO ST. CROIX - 13.62

LUGGAGE FEE - BANGKOK 2.00

AIRPORT FEE - BANGKOK 5.00

MISCELLANEOUS EXPENSES 200.00

TEMPORARY QUARTERS ALLOWANCE 538.50

TOTAL ALLOWED $3,758.46

*LESS COST OF TRANSPORTATION AND

PER DIEM PAID BY AID 2,561.80

LESS TAX 147.70

NET PAID TO YOU BY OUR OFFICE

SETTLEMENT OF MARCH 17, 1970 $1,048.96

*PAID $37 PER DIEM BY AID WHILE ON

TEMPORARY DUTY AT WASH., D.C., WHICH

WAS PROPER AND IS NOT INCLUDED IN

$2,561.80

THE TEMPORARY QUARTERS ALLOWANCE OF $538.50, INCLUDED ABOVE, REPRESENTS A NET AMOUNT AFTER REDUCTION OF $123.20 COST-OF-LIVING ALLOWANCES. THIS WAS IN ACCORDANCE WITH THE PROCEDURE IN EFFECT AT THE TIME THE SETTLEMENT WAS ISSUED. IT WAS SUBSEQUENTLY DETERMINED IN REGARD TO TEMPORARY QUARTERS ALLOWANCES THAT SUCH DEDUCTIONS NEED NOT BE MADE AND ACCORDINGLY A SETTLEMENT WILL BE ISSUED IN YOUR FAVOR IN THE AMOUNT OF $123.20.

CONCERNING YOUR QUERY ABOUT HOME LEAVE, WHILE THE QUESTION HAS BEEN PREVIOUSLY RAISED WE DO NOT FIND, AS STATED BY YOU, THAT IT WAS EVER DETERMINED YOU WERE ENTITLED THERETO. 5 U.S.C. 6305 PROVIDES THAT AN EMPLOYEE MAY BE GRANTED HOME LEAVE FOR USE IN THE UNITED STATES AFTER 24 MONTHS CONTINUOUS SERVICE OUTSIDE THE UNITED STATES, AND AID REGULATIONS RELATING THERETO PROVIDE AS FOLLOWS:

"454.1-1ELIGIBILITY

"WITHIN THE LIMITATION OF FUNDS AVAILABLE, HEADQUARTERS OF STATE, USIA OR AID MAY GRANT HOME LEAVE, OR COMBINED HOME LEAVE AND ANNUAL LEAVE WITH TRAVEL AT GOVERNMENT EXPENSE TO ANY EMPLOYEE WHO IS A CITIZEN OF THE UNITED STATES:

"B. WHEN IT IS CONTEMPLATED THAT HE WILL RETURN TO SERVICE ABROAD IMMEDIATELY OR UPON COMPLETION OF AN ASSIGNMENT IN THE UNITED STATES."

IT WILL BE SEEN FROM THE QUOTED PORTION OF THE REGULATIONS, WHICH ARE CONSISTENT WITH THE DISCRETIONARY AUTHORITY IN THE LAW, THAT THE GRANTING OF HOME LEAVE IS AN ADMINISTRATIVE MATTER WITHIN THE DISCRETION OF THE AGENCY.

IT WAS ADMINISTRATIVELY DETERMINED THAT HOME LEAVE WOULD NOT BE GRANTED, AS INDICATED IN A LETTER TO OUR OFFICE DATED NOVEMBER 3, 1969, FROM MR. T. D. VERNER, CHIEF, ACCOUNTING DIVISION, OFFICE OF THE CONTROLLER OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT, QUOTED IN PART:

" *** ON THE BASIS OF UNIFORM STATE/A.I.D./USIA REGULATION 454.5-4 (A.I.D. MANUAL ORDER 438.1) WHICH READS, 'HOME LEAVE WILL BE GRANTED ONLY WHEN IT IS PLANNED THAT THE EMPLOYEE WILL COMPLETE ANOTHER TOUR OF DUTY ABROAD, EITHER IMMEDIATELY OR UPON COMPLETION OF AN ASSIGNMENT IN THE UNITED STATES, THE COMMONWEALTH OF PUERTO RICO, OR A POSSESSION OF THE UNITED STATES,' NO HOME LEAVE WAS AUTHORIZED FOR MR. CANTELO. *** "

WE TRUST THE FOREGOING EXPLAINS THE PAYMENT ALLOWED ON YOUR CLAIM AND YOUR QUESTION CONCERNING HOME LEAVE. AS HEREINABOVE STATED, A SETTLEMENT WILL BE DULY ISSUED IN THE AMOUNT OF $123.20 REPRESENTING THE BALANCE OF TEMPORARY QUARTERS ALLOWANCE DUE YOU.