B-115572, APR 15, 1954

B-115572: Apr 15, 1954

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NEW YORK: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 30. IN THE DECISION YOU WERE ADVISED THAT UNDER THE APPLICABLE STATUTE AND REGULATIONS TEMPORARY DUTY PER DIEM ALLOWANCES ARE NOT PAYABLE FOR ANY DAY OF LEAVE. YOUR LETTER INDICATES THAT YOU FEEL YOU ARE ENTITLED TO ADDITIONAL PER DIEM AND MILEAGE FOR TRAVEL FROM THE UNITED STATES PUBLIC HEALTH SERVICE HOSPITAL. YOU STATE THAT YOU HAVE NOT BEEN REIMBURSED FOR EXPENSES INCURRED INCIDENT TO PERMANENT CHANGE OF STATION ORDERS DIRECTING YOU TO PROCEED FROM CAPE MAY. YOU WERE TO RETURN TO CAPE MAY AND RESUME YOUR REGULAR DUTY. IT DOES NOT APPEAR FROM THE RECORD BEFORE THIS OFFICE THAT UPON COMPLETION OF THE PHYSICAL EXAMINATION (TEMPORARY DUTY) YOU WERE DIRECTED TO RETURN TO CAPE MAY.

B-115572, APR 15, 1954

PRECIS-UNAVAILABLE

DR. IRVING EDELMAN, 2403 GRAND CONCOURSE, BRONX 57, NEW YORK:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 30, 1954, CONCERNING DECISION TO YOU OF NOVEMBER 19, 1953, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR PER DIEM ALLOWANCE DURING THE PERIOD FROM NOVEMBER 25 TO DECEMBER 31, 1952, WHILE ON INDEFINITE SICK LEAVE, INCIDENT TO DUTY WITH THE UNITED STATES COAST GUARD AS SENIOR ASSISTANT DENTAL SURGEON, U.S.P.H.S.(R).

IN THE DECISION YOU WERE ADVISED THAT UNDER THE APPLICABLE STATUTE AND REGULATIONS TEMPORARY DUTY PER DIEM ALLOWANCES ARE NOT PAYABLE FOR ANY DAY OF LEAVE. YOUR LETTER INDICATES THAT YOU FEEL YOU ARE ENTITLED TO ADDITIONAL PER DIEM AND MILEAGE FOR TRAVEL FROM THE UNITED STATES PUBLIC HEALTH SERVICE HOSPITAL, STAPLETON, NEW YORK, TO CAPE MAY, NEW JERSEY. YOU STATE THAT YOU HAVE NOT BEEN REIMBURSED FOR EXPENSES INCURRED INCIDENT TO PERMANENT CHANGE OF STATION ORDERS DIRECTING YOU TO PROCEED FROM CAPE MAY, NEW JERSEY, TO YOUR HOME IN NEW YORK, NEW YORK, AND THAT YOU INCURRED "ADDITIONAL EXPENSES OF MAINTAINING A HOME IN CAPE MAY AND BEING NEAR STAPLETON P.H.S. HOSPITAL."

AS STATED IN THE DECISION OF NOVEMBER 19, 1953, YOUR ORDERS OF NOVEMBER 24, 1952, DIRECTED YOU TO PROCEED TO STATEN ISLAND, NEW YORK, REPORTING UPON ARRIVAL TO THE SENIOR MEDICAL OFFICER, UNITED STATES PUBLIC HEALTH SERVICE HOSPITAL, AT THAT PLACE, FOR PHYSICAL EXAMINATION, AND DIRECTED THAT UPON COMPLETION OF "THIS TEMPORARY DUTY" AND WHEN SO DIRECTED BY PROPER AUTHORITY, YOU WERE TO RETURN TO CAPE MAY AND RESUME YOUR REGULAR DUTY. IT DOES NOT APPEAR FROM THE RECORD BEFORE THIS OFFICE THAT UPON COMPLETION OF THE PHYSICAL EXAMINATION (TEMPORARY DUTY) YOU WERE DIRECTED TO RETURN TO CAPE MAY, YOUR PERMANENT DUTY STATION. ON THE CONTRARY, YOU WERE PLACED ON INDEFINITE SICK LEAVE BY VERBAL ORDERS OF THE MEDICAL OFFICER IN CHARGE OF THE HOSPITAL AND, ACCORDING TO YOUR OWN STATEMENT, YOU REMAINED WITHIN A SHORT DISTANCE OF THE HOSPITAL SO THAT YOU COULD BE REACHED BY PHONE AND REPORT TO THE HOSPITAL WHEN REQUESTED.

PER DIEM ALLOWANCE AND MILEAGE ARE PAYABLE ONLY INCIDENT TO TRAVEL ACTUALLY PERFORMED PURSUANT TO PROPER ORDERS. ACCORDINGLY, IN THE ABSENCE OF ORDERS DIRECTING TRAVEL IN ADDITION TO THAT RECOGNIZED IN THE DECISION OF NOVEMBER 19, 1953, I HAVE TO ADVISE THAT THE STATEMENTS MADE IN YOUR LETTER OF JANUARY 30, 1954, DO NOT WARRANT ANY CHANGE IN THE CONCLUSION REACHED IN THAT DECISION AS TO YOUR RIGHT TO PER DIEM OR MILEAGE INCIDENT TO YOUR ORDERS OF NOVEMBER 24, 1952.

YOUR LETTER IS BEING FORWARDED TO THE CLAIMS DIVISION OF THIS OFFICE FOR DEVELOPMENT AND SETTLEMENT AS A CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED BY YOU INCIDENT TO YOUR PERMANENT CHANGE OF STATION FROM CAPE MAY, NEW JERSEY, TO NEW YORK, NEW YORK. YOU WILL BE ADVISED IN THAT RESPECT AS SOON AS PRACTICABLE.