B-152269, SEP. 10, 1963

B-152269, SEP. 10, 1963

TO MR. DENNIS R. WIK:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 1, 1963, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF JULY 19, 1963, WHICH DISALLOWED YOUR CLAIM FOR PAY AND ALLOWANCES FOR THE PERIOD JUNE 6 TO 15, 1962.

BY PARAGRAPH 6, PERSONNEL ORDER NO. 95, DATED MAY 17, 1962, YOU WERE ORDERED TO ACTIVE DUTY FROM PASADENA, CALIFORNIA, ON JUNE 6, 1962, AND DIRECTED TO PROCEED TO ANCHORAGE, ALASKA, REPORTING NO LATER THAN 9 A.M., JUNE 15, 1962. TRAVEL BY PRIVATELY OWNED CONVEYANCE WAS AUTHORIZED. DUE TO HEAVY JUNE RAINS AND WASHED OUT ROADS ON THE ALASKAN HIGHWAY YOU WERE UNABLE TO REPORT UNTIL JUNE 25, 1962. BY PARAGRAPH 5, PERSONNEL ORDER NO. 153, DATED AUGUST 9, 1962, YOUR ORDERS WERE AMENDED TO ORDER YOU TO ACTIVE DUTY JUNE 16, 1962, AND TO REPORT NOT LATER THAN 9 A.M., JUNE 25, 1962.

YOUR CLAIM FOR PAY AND ALLOWANCES FOR THE PERIOD JUNE 6 TO 15, 1962, WAS DISALLOWED BY THE SETTLEMENT OF JULY 19, 1963, IT BEING STATED THAT EXECUTIVE ORDER NO. 10649, EFFECTIVE JANUARY 1, 1956, PROVIDES THAT FOR TRAVEL FROM HOME TO FIRST DUTY STATION, WHERE TRAVEL BY PRIVATE CONVEYANCE IS AUTHORIZED AND PERFORMED, THE TRAVEL TIME INCLUDED AS ACTIVE DUTY SHALL BE COMPUTED ON THE BASIS OF ONE DAY FOR EACH 300 MILES OF TRAVEL AND THAT ONE DAY OF TRAVEL SHALL ALSO BE ALLOWED FOR EACH FRACTION OF 300 MILES IN EXCESS OF 150 MILES. THE SETTLEMENT FURTHER STATED THAT SINCE THE DISTANCE FROM PASADENA, CALIFORNIA, TO ANCHORAGE, ALASKA, IS 2,833 MILES, YOU WERE ENTITLED TO 9 DAYS' TRAVEL TIME AND INASMUCH AS YOU REPORTED AT ANCHORAGE ON JUNE 25, 1962, YOUR ACTIVE DUTY APY AND ALLOWANCES BEGAN ON JUNE 16, 1962.

IN YOUR PRESENT LETTER YOU SAY YOU UNDERSTAND THE METHOD USED TO DETERMINE THE TIME ALLOWED FOR TRAVEL UNDER THE EXECUTIVE ORDER BUT QUESTION WHETHER THE ORDER DEFINES ANY PARTICULAR COURSE OF ACTION IN THE EVENT A PERSON IS UNAVOIDABLY DELAYED. YOU EXPRESS THE BELIEF THAT THE DELAY COULD HAVE BEEN HANDLED BY DEDUCTING THE EXTRA DAYS FROM YOUR ANNUAL LEAVE. ALSO, YOU QUESTION WHETHER YOU WERE IN THE EMPLOY OF THE PUBLIC HEALTH SERVICE DURING THE PERIOD JUNE 6 TO 16, 1962, AND WHETHER YOU WERE ENTITLED TO POST EXCHANGE AND COMMISSARY PRIVILEGES AT MILITARY INSTALLATIONS AS A PUBLIC HEALTH SERVICE OFFICER.

THE EXECUTIVE ORDER DOES NOT PRESCRIBE THE COURSE TO BE FOLLOWED IN THE EVENT OF DELAY ENROUTE, AND NEITHER DOES IT AUTHORIZE ANY ADDITIONAL TRAVEL TIME TO BE COUNTED AS ACTIVE DUTY BECAUSE OF UNFORESEEN DELAYS IN PERFORMING AUTHORIZED TRAVEL BY PRIVATE CONVEYANCE TO THE MEMBER'S FIRST DUTY STATION. SINCE YOU ACTUALLY REPORTED FOR DUTY ON JUNE 25, 1962, AND SINCE, FOR THE DISTANCE INVOLVED, YOU WERE ENTITLED TO COUNT ONLY 9 DAYS OF TRAVEL TIME AS ACTIVE DUTY, THE RETROACTIVE AMENDMENT OF YOUR ORDERS CHANGING THE REPORTING DATE TO THE DATE YOU ACTUALLY REPORTED AND THE STARTING DATE TO CORRESPOND WITH THE AUTHORIZED TRAVEL TIME DID NOT OPERATE TO CHANGE YOUR ENTITLEMENT TO PAY AND ALLOWANCES. IT MERELY CHANGED THE ORDERS TO REFLECT THE ACTIVE DUTY AUTHORIZED TO BE COUNTED.

THE RECORD SHOWS THAT YOUR ALASKA OFFICE REQUESTED PERMISSION FROM THE OFFICE OF PERSONNEL, PUBLIC HEALTH SERVICE, TO GRANT YOU ANNUAL LEAVE FROM JUNE 15, 1962, THROUGH JUNE 22, 1962, IN THE FORM OF ADVANCE ANNUAL LEAVE IN VIEW OF THE FACT THAT AS A COMMISSIONED OFFICER REPORTING FOR ACTIVE DUTY YOU HAD NOT ACCRUED SUFFICIENT ANNUAL LEAVE TO COVER THIS PERIOD. THE REQUEST TO GRANT ANNUAL LEAVE WAS DENIED BY THE OFFICE OF PERSONNEL ON THE BASIS THAT THE GRANTING OF SUCH LEAVE WOULD, IN EFFECT, RESULT IN MORE TRAVEL TIME TO FIRST DUTY STATION THAN ALLOWED BY THE EXECUTIVE ORDER.

LEAVE FOR PUBLIC HEALTH SERVICE OFFICERS IS GOVERNED BY PUBLIC HEALTH SERVICE REGULATIONS PROMULGATED PURSUANT TO 42 U.S.C. 210. AS TO THE GRANTING OF LEAVE, THIS OFFICE HAS CONSISTENTLY HELD THAT THE DETERMINATION AS TO WHEN AND IN WHAT AMOUNT LEAVE WILL BE GRANTED (WITHIN PRESCRIBED LIMITATIONS) IS A MATTER FOR ADMINISTRATIVE DETERMINATION. COMP. GEN. 848, 850. THUS, THIS OFFICE MAY NOT REVIEW THE DETERMINATION OF THE OFFICE OF PERSONNEL, PUBLIC HEALTH SERVICE, REGARDING THE REQUEST FOR ANNUAL LEAVE FOR THE PERIOD JUNE 15 TO 22, 1962.

SINCE YOU BEGAN ACTUAL TRAVEL ON JUNE 6, 1962, UNDER THE ORDERS OF MAY 17, 1962, AND YOU WERE THEN A PUBLIC HEALTH SERVICE OFFICER IT APPEARS THAT POST EXCHANGE AND COMMISSARY PRIVILEGES COULD HAVE BEEN MADE AVAILABLE TO YOU AT MILITARY INSTALLATIONS DURING THE PERIOD JUNE 6 TO 15, 1962. HOWEVER, SINCE IT SEEMS CLEAR THAT UNDER YOUR ORDERS AS AMENDED AND THE EXECUTIVE ORDER MENTIONED ABOVE YOU WERE NOT ENTITLED TO ACTIVE DUTY PAY AND ALLOWANCES PRIOR TO JUNE 16, 1962, THE SETTLEMENT IS SUSTAINED.