B-166469, SEP. 25, 1969

B-166469, SEP. 25, 1969

CIVIL PAY - ANNUAL LEAVE - TRAINING DECISION TO CLAIMANT CONCERNING LEAVE AND PER DIEM FOR PERIOD NAVY EMPLOYEE IN PUERTO RICO WAS TAKING A LONG-TIME TRAINING COURSE AT SYRACURSE, NEW YORK. EMPLOYEE WHO WAS CHARGED ANNUAL LEAVE DURING TRAINING SEMESTERS WHEN HE MADE ROUND TRIPS FROM SYRACUSE, N.Y., TO HIS HEADQUARTERS AND HOME IN PUERTO RICO WAS PROPERLY CHARGED LEAVE SINCE GRANTING OF LEAVE IS WITHIN ADMINISTRATIVE DISCRETION FOR PERIODS VOLUNTARILY ABSENT FROM OFFICIAL STATION AND IT IS IMMATERIAL THAT EMPLOYEE HAS NOT REQUESTED THE LEAVE. AS TO CLAIM FOR TRAVEL EXPENSES, IT WILL BE NECESSARY TO FURNISH NAMES OF AIRLINES, EXACT COSTS, PLUS TAXI FARE TO DETERMINE IF SECTION 6.4 STANDARDIZED GOVERNMENT TRAVEL REGULATIONS IS APPLICABLE.

TO MR. REINALDO E. RIVERA: THIS REFERS TO YOUR LETTER OF AUGUST 25, 1969, AND PRIOR CORRESPONDENCE, CONCERNING YOUR REQUEST FOR RECONSIDERATION OF OUR SETTLEMENT OF JANUARY 16, 1969, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM FOR THE PERIOD SEPTEMBER 8, 1966, TO JULY 22, 1967, WHILE PURSUING A TRAINING COURSE AT SYRACUSE, NEW YORK.

THE RECORD SHOWS THAT BY TRAVEL AUTHORIZATION DATED AUGUST 22, 1966, AS AMENDED, YOU WERE AUTHORIZED TO TRAVEL FROM PUERTO RICO TO SYRACUSE, NEW YORK, FOR THE PURPOSE OF A LONG TIME TRAINING COURSE AT SYRACUSE, NEW YORK. THE FILE FURTHER REVEALS THAT YOU MADE FOUR TRIPS TO PUERTO RICO (HEADQUARTERS AND HOME) DURING HOLIDAYS WHEN CLASS SESSIONS AT THE UNIVERSITY WERE DISCONTINUED BECAUSE OF HOLIDAYS OR SEMESTER BREAKS. YOU WERE CHARGED A CERTAIN AMOUNT OF ANNUAL LEAVE FOR THREE OF THE TRIPS BACK TO PUERTO RICO. HOWEVER, YOU WERE NOT CHARGED ANNUAL LEAVE FOR THE TRIP DURING THE EASTER RECESS SINCE THE OFFICIALS AT THE NAVAL STATION SAY THEY HAD NO KNOWLEDGE OF THIS TRIP.

BY LETTER OF MAY 6, 1969, WE REQUESTED THE DEPARTMENT OF THE NAVY TO RECONSIDER THE CHARGE OF ANNUAL LEAVE IN VIEW OF THE STATEMENTS BY YOU THAT WHILE IN PUERTO RICO YOU STUDIED AND PERFORMED RESEARCH AT THE LIBRARY OF THE UNIVERSITY OF PUERTO RICO AND IN OTHER LOCAL GOVERNMENT AGENCIES.

BY LETTER OF SEPTEMBER 8, 1969, WE WERE ADVISED BY THE DEPARTMENT OF THE NAVY, OFFICE OF CIVILIAN MANPOWER MANAGEMENT, THAT THE COMMANDING OFFICER, U.S. NAVAL STATION, ROOSEVELT ROADS, PUERTO RICO, WAS REQUESTED TO RECONSIDER THE DECISION THAT LEAVE BE CHARGED DURING THE HOLIDAY PERIODS. THE PRESENT COMMANDING OFFICER, WHO RELIEVED THE COMMANDING OFFICER WHO MADE THE ORIGINAL DETERMINATION, HAS CONDUCTED A THOROUGH REEVALUATION OF ALL PERTINENT FACTS INVOLVING YOUR CLAIM AND HAS DECIDED THAT THE ORIGINAL DECISION TO CHARGE LEAVE DURING THE PERIODS INVOLVED WAS PROPER.

SECTION 203 (H) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 5 U.S.C. 6302 (D) READS AS FOLLOWS:

"THE ANNUAL LEAVE PROVIDED BY THIS SUBCHAPTER, INCLUDING ANNUAL LEAVE THAT WILL ACCRUE TO AN EMPLOYEE DURING THE YEAR, MAY BE GRANTED AT ANY TIME DURING THE YEAR AS THE HEAD OF THE AGENCY CONCERNED MAY PRESCRIBE.'

WE HAVE RULED CONSISTENTLY THAT THE GRANTING OF ANNUAL LEAVE IS WITHIN ADMINISTRATIVE DISCRETION IN RESPECT OF ANY PERIOD OF TIME, AND IT IS LEGALLY PROPER FOR AN ADMINISTRATIVE OFFICE TO CHARGE AN EMPLOYEE ANNUAL LEAVE FOR PERIODS DURING WHICH HE IS VOLUNTARILY ABSENT FROM AN OFFICIAL DUTY STATION. IT IS IMMATERIAL, IN SUCH CASES, THAT THE EMPLOYEE HAD NOT REQUESTED THE LEAVE. SEE 31 COMP. GEN. 581, 586; 32 ID. 204; 40 ID. 312, 314; 44 ID. 274.

IN VIEW OF THE FOREGOING IT WOULD APPEAR THAT THE ADMINISTRATIVE OFFICIALS ACTED WITHIN THE LIMITS OF THEIR DISCRETIONARY AUTHORITY IN PLACING YOU IN AN ANNUAL LEAVE STATUS WITHOUT YOUR CONSENT AND AS A CONSEQUENCE NO PROPER BASIS EXISTS FOR OUR OFFICE TO REQUEST OR AUTHORIZE A RECREDITING OF ANNUAL LEAVE OR TO AUTHORIZE THE PAYMENT OF PER DIEM WHILE YOU ARE IN AN ANNUAL LEAVE STATUS. SEE SECTION 6.3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

IN CONNECTION WITH YOUR CLAIM FOR TRAVEL EXPENSES BETWEEN SYRACUSE, NEW YORK, AND PUERTO RICO OVER HOLIDAYS AND RECESSES (NOT IN EXCESS OF PER DIEM ALLOWABLE HAD YOU STAYED IN SYRACUSE) IF YOU WILL FURNISH THE NAMES OF AIRLINES USED, INCLUDING EXACT COSTS THEREOF, PLUS TAXI FARES WHERE APPLICABLE, WE WILL FURTHER CONSIDER THE MATTER UNDER SECTION 6.4 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.