B-151159, AUG. 8, 1963

B-151159, AUG. 8, 1963

TO MR. NEAL J. PRICE, AUTHORIZED CERTIFYING OFFICER, AGENCY FOR INTERNATIONAL DEVELOPMENT:

YOUR LETTER OF MARCH 26, 1963, SUPPLEMENTED BY YOUR LETTER OF JULY 10, 1963, REFERENCE C/FRD/VEB:3-MA AND 4-NJP, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE ENCLOSED VOUCHER FOR $2,266.40 IN FAVOR OF MR. IRVING ROSENTHAL.

YOUR QUESTION PRIMARILY CONCERNS THE AMOUNT OF $2,260 WHICH REPRESENTS THE SECOND RECLAIM OF PER DIEM IN LIEU OF SUBSISTENCE BY MR. ROSENTHAL FOR THE PERIOD OF 56 AND ONE-HALF DAYS FROM 5 P.M. OF DECEMBER 8, 1962, TO 9 A.M. OF FEBRUARY 3, 1963. THAT PERIOD REPRESENTS AN ALLEGED ,NECESSARY DELAY EN ROUTE" BECAUSE OF HIS ILLNESS IN NEW YORK WHILE TRAVELING FROM ANKARA, TURKEY, TO ARLINGTON, VIRGINIA, INCIDENT TO THE AUTHORIZED TRAVEL FOR PURPOSES OF SEPARATION UNDER TRAVEL ORDER NO. USAID/T-788, DATED NOVEMBER 20, 1962.

THE CITED VOUCHERS, TOGETHER WITH YOUR LETTERS, REFLECT THAT MR. ROSENTHAL AND HIS TWO DEPENDENTS DEPARTED ANKARA BY PERSONAL AUTOMOBILE ON NOVEMBER 22, 1962, FOR ISTANBUL; THENCE TRAVELING BY VESSEL TO NAPLES, ARRIVING NOVEMBER 26, AND BY AIR NOVEMBER 27 TO ROME, ITALY, ARRIVING AT 9 A.M. THAT DAY, AT WHICH POINT HE ENTERED ON "ANNUAL LEAVE--- PERSONAL EXPENSE" FOR 9 DAYS. HE DEPARTED ROME BY AIR 9 A.M. ON DECEMBER 8, 1962, AND ARRIVED 5 P.M. OF THAT DAY AT IDLEWILD INTERNATIONAL AIRPORT,NEW YORK. UPON HIS ARRIVAL AT IDLEWILD, MR. ROSENTHAL INTERRUPTED HIS FURTHER TRAVEL BECAUSE OF MEDICAL REASONS EXPLAINED ON HIS VOUCHERS, AND CONSEQUENTLY, HE DID NOT DEPART NEW YORK UNTIL FEBRUARY 3, 1963, AT 9 A.M. BY PRIVATE AUTOMOBILE, ARRIVING 5 P.M. OF THAT DAY AT ARLINGTON, VIRGINIA, HIS FINAL DESTINATION UNDER HIS TRAVEL ORDERS.

BECAUSE OF THE CLAIMANT'S CONTENTIONS THAT HIS ANNUAL LEAVE TAKEN IN ROME HAD BEEN APPROVED, AND THAT THE ILLNESS WAS CONTRACTED WHILE ON OFFICIAL DUTY IN TURKEY, WE ASKED YOUR OFFICE TO MAKE APPROPRIATE SEARCH OF THE ADMINISTRATIVE RECORDS CONCERNING BOTH THE ANNUAL LEAVE AND THE PERIOD OF ILLNESS WITH REGARD TO THE PROVISIONS OF SECTIONS 6.5A AND B, AND 6.10 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS; AND WHETHER MR. ROSENTHAL WAS OFFICIALLY QUARANTINED OR OTHERWISE CONFINED TO A HOSPITAL DURING HIS STOPOVER IN NEW YORK. IN THAT REGARD, YOUR REPORT OF JULY 10, 1963, IS IN PERTINENT PART, AS FOLLOWS:

"* * * CONCERNING THE ANNUAL LEAVE TAKEN BY MR. ROSENTHAL DURING THE PERIOD NOVEMBER 27 TO DECEMBER 7, 1962, WHILE EN ROUTE FROM ANKARA, TURKEY TO THE UNITED STATES (WHICH HE STATES WAS APPROVED BY USAID/TURKEY), WE HAVE BEEN ADVISED BY THE MISSION THAT THERE IS NO RECORD ON FILE WHICH WOULD INDICATE THAT ANY LEAVE HAD BEEN APPROVED PRIOR TO HIS DEPARTURE. NEITHER IS THERE ANY EVIDENCE OF ANY LEAVE HAVING BEEN APPROVED BY AID/W. TIME AND ATTENDANCE RECORDS SHOW THAT MR. ROSENTHAL HAD TO HIS CREDIT 183 HOURS OF ANNUAL LEAVE AND WAS THEREFORE BELOW THE MAXIMUM CEILING OF 240 HOURS. WHEN AN EMPLOYEE'S ANNUAL LEAVE BALANCE IS BELOW THE CEILING, THERE IS NO AUTHORITY WHICH PERMITS HIM TO USE OR ACCRUE ANNUAL LEAVE WHEN TRAVELING UNDER SEPARATION ORDERS. UNDER THE LUMP SUM PAYMENT ACT, HE MUST BE PAID UP TO THE MAXIMUM CEILING IN A LUMP SUM. NOTWITHSTANDING THE ABOVE, MR. ROSENTHAL DID TAKE LEAVE EN ROUTE AND AID/W THEREFORE CHARGED HIM WITH 8 DAYS (64 HOURS) ANNUAL LEAVE FOR EXCESS TRANSIT TIME INVOLVED IN TRAVELING FROM ANKARA TO NEW YORK.

"WITH RESPECT TO THE SICK LEAVE TAKEN WHILE IN NEW YORK, THE RECORDS SHOW THAT HE WAS CHARGED SICK LEAVE FOR 37 DAYS (296 HOURS) ENDING FEBRUARY 1, 1963 UPON SUBMISSION OF A DOCTOR'S CERTIFICATE. THE RECORDS OF THE MEDICAL DIVISION OF THE DEPARTMENT OF STATE SHOW THAT MR. ROSENTHAL BECAME ILL IN ITALY ON DECEMBER 3, 1962. HE WAS SEEN BY A DR. JAFFE IN NEW YORK ON DECEMBER 8 AND AGAIN ON DECEMBER 14, 1962. DR. JAFFE REPORTED THAT MR. ROSENTHAL HAD A MILD CASE OF HEPATITIS AND COULD BE CARED FOR AT HOME. WAS NOT HOSPITALIZED IN NEW YORK BUT REMAINED AT THE HOME OF HIS WIFE'S PARENTS FOR THE PERIOD INVOLVED. THE MEDICAL OFFICER OF THE DEPARTMENT OF STATE FEELS THAT THERE WAS NOTHING IN THE MEDICAL PICTURE THAT WOULD HAVE PRECLUDED IMMEDIATE ONWARD TRAVEL TO ARLINGTON, VIRGINIA (SEPARATION POINT).

"CONCERNING THE QUESTION AS TO WHETHER MR. ROSENTHAL WAS ON CONSULTATION FOR 5 DAYS IN AID/W AS AUTHORIZED IN HIS TRAVEL ORDER, WE HAVE BEEN ADVISED THAT HE WAS NOT OFFICIALLY SCHEDULED FOR CONSULTATION. IT IS ROUTINE POLICY NOT TO SCHEDULE EMPLOYEES FOR CONSULTATION WHEN TRANSFERRED OR ROTATED TO WASHINGTON, AND IN SUCH CASES, IF ANY CONSULTATION IS NECESSARY WITH OFFICIALS IN THE AGENCY RELATING TO THE PREVIOUS OVERSEAS ASSIGNMENT, IT IS DONE ON AN INFORMAL BASIS. DUE TO THE PROLONGED STAY IN NEW YORK, MR. ROSENTHAL WAS SCHEDULED TO REPORT FOR DEPARTMENTAL DUTY IN THE OFFICE OF MANAGEMENT PLANNING IMMEDIATELY AFTER ARRIVAL IN WASHINGTON, ON FEBRUARY 3, 1963. HE RESIGNED FROM THE FOREIGN SERVICE TO EXERCISE RE EMPLOYMENT RIGHTS IN THE AGENCY AND HIS JOURNAL ACTION SHOWS THAT HE WAS SEPARATED ON FEBRUARY 2, 1963 (SATURDAY) AND ENTERED ON DUTY IN AID/W ON FEBRUARY 4, 1963 (MONDAY) AS A DEPARTMENTAL EMPLOYEE. HE USED ONE HOUR'S SICK LEAVE EACH DAY FOR THE FIRST TWO WEEKS PERIOD AFTER ENTRANCE ON DUTY IN THE AGENCY.'

IN VIEW OF THE INFORMATION QUOTED ABOVE IT IS OUR VIEW THAT THE ALLOWANCE OF ADDITIONAL PER DIEM IS NOT WARRANTED. THEREFORE, THE VOUCHER RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT ONLY IN THE AMOUNT OF $6.40, REPRESENTING THE COST OF DELIVERY OF 200 POUNDS (8 PARCELS OF EFFECTS) OF THE CLAIMANT'S ALLOWABLE AIR FREIGHT FROM WASHINGTON NATIONAL AIRPORT TO THE U.S. CUSTOMS OFFICE (GEORGETOWN) IN THE DISTRICT OF COLUMBIA.