B-139770, OCT. 21, 1959
Highlights
UPON THE BASIS THAT CERTAIN MATERIAL FACTS WERE OMITTED FROM YOUR ORIGINAL SUBMISSION. THE TWO VOUCHERS INVOLVED WERE ENCLOSED WITH YOUR LETTER. WAS DIFFERENT FROM THE WORK PERFORMED AS A FULL-TIME EMPLOYEE. (2) THAT IT WAS. CAPLAN AS A WAE EMPLOYEE DURING THE PERIOD IN QUESTION WAS DIFFERENT FROM THE WORK HE PERFORMS AS A FULL-TIME EMPLOYEE AND THAT THE DELAY IN PROCESSING HIS APPOINTMENT PAPERS WAS NOT TO PERMIT OR SECURE PAYMENT OF TRAVEL EXPENSES. CAPLAN'S APPOINTMENT TO A PERMANENT FULL-TIME POSITION WAS NOT DELAYED TO PERMIT OR SECURE PAYMENT OF TRAVEL EXPENSES. THESE AFFIDAVITS SHOW THAT THE WORK PERFORMED AS A WAE WAS DIFFERENT FROM THE WORK PERFORMED IN THE FULL-TIME POSITION AND DENY THAT THE DELAY IN EFFECTING HIS FULL-TIME APPOINTMENT WAS TO PERMIT OR SECURE PAYMENT OF TRAVEL EXPENSES.
B-139770, OCT. 21, 1959
TO MR. W. R. WILSON, AUTHORIZED CERTIFYING OFFICER, OFFICE OF CIVIL AND DEFENSE MOBILIZATION:
YOUR LETTER OF SEPTEMBER 15, 1959, REQUESTS RECONSIDERATION OF OUR DECISION B-139770 DATED JULY 20, 1959, TO YOU, UPON THE BASIS THAT CERTAIN MATERIAL FACTS WERE OMITTED FROM YOUR ORIGINAL SUBMISSION. THE TWO VOUCHERS INVOLVED WERE ENCLOSED WITH YOUR LETTER.
IN THE REFERRED-TO DECISION WE FOUND NO BASIS, UPON THE RECORD PRESENTED, FOR AUTHORIZING PAYMENT OF THE TWO VOUCHERS IN FAVOR OF BENJAMIN CAPLAN COVERING PER DIEM, TRANSPORTATION, AND OTHER TRAVEL EXPENSES FOR THE PERIOD MARCH 16 TO APRIL 10, 1959, AS A WHEN-ACUTALLY- EMPLOYED (WAE) CONSULTANT. THE RECORD DID NOT SHOW WHETHER THE WORK PERFORMED BY MR. CAPLAN AS A WAE, DURING THE PERIOD INVOLVED, WAS DIFFERENT FROM THE WORK PERFORMED AS A FULL-TIME EMPLOYEE. FURTHER, WE FOUND THAT THE RECORD STRONGLY SUGGESTED (1) THE DELAYING OF THE FORMAL PROCESSING OF THE FULL TIME APPOINTMENT PAPERS, EFFECTIVE APRIL 13, 1959, AND (2) THAT IT WAS, IN THE ABSENCE OF EVIDENCE TO THE CONTRARY, TO PERMIT OR SECURE PAYMENT OF TRAVEL EXPENSES.
YOU POINT OUT IN YOUR REQUEST FOR RECONSIDERATION THAT THE WORK PERFORMED BY MR. CAPLAN AS A WAE EMPLOYEE DURING THE PERIOD IN QUESTION WAS DIFFERENT FROM THE WORK HE PERFORMS AS A FULL-TIME EMPLOYEE AND THAT THE DELAY IN PROCESSING HIS APPOINTMENT PAPERS WAS NOT TO PERMIT OR SECURE PAYMENT OF TRAVEL EXPENSES. FURTHER, YOU SUBMIT AN AFFIDAVIT OF MARIE THOMAS, DIRECTOR OF THE WASHINGTON AREA PERSONNEL DIVISION, TO THE EFFECT THAT MR. CAPLAN'S APPOINTMENT TO A PERMANENT FULL-TIME POSITION WAS NOT DELAYED TO PERMIT OR SECURE PAYMENT OF TRAVEL EXPENSES. ALSO, YOU SUBMIT AFFIDAVITS BY MR. CAPLAN AND VINCENT ROCK, DEPUTY DIRECTOR OF PROGRAM AND POLICY, WHO PREVAILED UPON MR. CAPLAN TO PERFORM THE SPOT ASSIGNMENTS AS A WAE CONSULTANT DURING THE PERIOD IN QUESTION AND TO ACCEPT FULL-TIME EMPLOYMENT. THESE AFFIDAVITS SHOW THAT THE WORK PERFORMED AS A WAE WAS DIFFERENT FROM THE WORK PERFORMED IN THE FULL-TIME POSITION AND DENY THAT THE DELAY IN EFFECTING HIS FULL-TIME APPOINTMENT WAS TO PERMIT OR SECURE PAYMENT OF TRAVEL EXPENSES.
IN VIEW OF THE ADDITIONAL EVIDENCE SUBMITTED WITH YOUR LETTER, THE VOUCHERS, WHICH ARE RETURNED, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.