B-166469, OCT. 29, 1969

B-166469, OCT. 29, 1969

OFFICERS AND EMPLOYEES--TRAINING--TRANSPORTATION AND/OR PER DIEM--RETURN TO HEADQUARTERS ON NONWORKDAYS WHERE EMPLOYEE PAID PER DIEM WHILE PURSUING TRAINING COURSE AT SYRACUSE, N.Y. WAS LATER CHARGED ANNUAL LEAVE FOR PERIODS WHEN HE RETURNED TO HEADQUARTERS DURING SCHOOL RECESSES, AND WAS REQUIRED TO REFUND PER DIEM FOR SUCH PERIODS, CLAIM FOR TRAVEL COSTS BETWEEN HEADQUARTERS AND TIMPORARY DUTY STATION AND PER DIEM EN ROUTE NOT EXCEEDING PER DIEM IN LIEU OF SUBSISTENCE WHICH WOULD HAVE BEEN ALLOWABLE HAD HE REMAINED AT TEMPORARY DUTY STATION IS ALLOWED BECAUSE, WHILE NO REGULATION COVERS RETURN TO HEADQUARTERS DURING SCHOOL HOLIDAY PERIODS WHEN GOVERNMENT EMPLOYEE IS ASSIGNED THERETO FOR TRAINING INFORMATION FURNISHED SHOWS COST OF TRAVEL IN QUESTION EXCEEDED PER DIEM WHICH EMPLOYEE WOULD HAVE BEEN ALLOWED HAD HE REMAINED AT TEMPORARY DUTY STATION.

TO MR. REINALDO E. RIVERA:

THIS REFERS TO YOUR LETTER OF OCTOBER 3, 1969, WITH ENCLOSURES, CONCERNING YOUR CLAIM FOR 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 YOU WERE PAID PER DIEM FOR THE PERIOD SEPTEMBER 8, 1966, THROUGH JULY 22, 1967. LATER IT WAS DETERMINED BY THE DEPARTMENT OF THE NAVY THAT IT WAS PROPER TO CHARGE YOU ANNUAL LEAVE FOR NOVEMBER 25, 1966, DECEMBER 21-23, 1966, DECEMBER 27-30, 1966, AND JUNE 5-9, 1967, WHEN YOU RETURNED TO YOUR HEADQUARTERS DURING SCHOOL RECESSES AND YOU WERE REQUIRED TO REFUND THE PER DIEM FOR THE PERIOD OF ANNUAL LEAVE OR $102.50.

WHILE THERE IS NO REGULATION COVERING THE RETURN TO HEADQUARTERS DURING SCHOOL HOLIDAY PERIODS WHEN A GOVERNMENT EMPLOYEE IS ASSIGNED THERETO FOR TRAINING IN A DUTY AND PAY STATUS, WE HAVE DETERMINED IN YOUR PARTICULAR CASE TO ALLOW PAYMENT OF YOUR TRAVEL COSTS BETWEEN YOUR HEADQUARTERS AND TEMPORARY DUTY STATION AND PER DIEM EN ROUTE IN AN AMOUNT NOT TO EXCEED THE PER DIEM IN LIEU OF SUBSISTENCE WHICH WOULD HAVE BEEN ALLOWABLE HAD YOU REMAINED AT THE TEMPORARY DUTY STATION DURING THE HOLIDAY PERIODS.

SINCE YOU HAVE FURNISHED INFORMATION SHOWING THAT THE COST OF THE TRAVEL IN QUESTION IN RETURNING TO YOUR HEADQUARTERS FOR THE THREE TRIPS MADE DURING SCHOOL RECESSES EXCEEDED THE PER DIEM WHICH YOU WOULD HAVE BEEN ALLOWED HAD YOU REMAINED AT YOUR TEMPORARY DUTY STATION WE ARE ADVISING OUR CLAIMS DIVISION TO ISSUE A SETTLEMENT IN YOUR FAVOR FOR THE AMOUNT YOU WERE REQUIRED TO REFUND TO THE NAVY DEPARTMENT AS PREVIOUSLY INDICATED.

ALSO, WE NOTE IN YOUR LETTER OF OCTOBER 3, 1969, A COPY OF WHICH WAS FORWARDED TO THE SECRETARY OF THE NAVY, YOU HAVE FURNISHED EVIDENCE TO SHOW THAT YOU DID RETURN TO YOUR HEADQUARTERS DURING THE EASTER RECESS OF 1967 AND THAT THE COMMANDING OFFICER OF THE NAVAL STATION IN PUERTO RICO HAD KNOWLEDGE OF SUCH TRIP. AS WE STATED IN OUR DECISION OF SEPTEMBER 25, 1969, B-166469, TO YOU, THE GRANTING OF ANNUAL LEAVE IS WITHIN ADMINISTRATIVE DISCRETION. THEREFORE, WE ASSUME THE PROPER OFFICIALS OF THE NAVY DEPARTMENT WILL DETERMINE THE AMOUNT OF ANNUAL LEAVE TO BE CHARGED TO YOU FOR THIS PERIOD AND MAKE THE NECESSARY ADJUSTMENT IN YOUR LEAVE RECORD.