B-127430, OCT. 9, 1956

B-127430: Oct 9, 1956

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WHILE YOU WERE ASSIGNED TO A SPECIAL LIQUIDATION PROJECT AT BELTSVILLE. IT APPEARS TO BE YOUR BELIEF THAT OUR DENIAL OF YOUR CLAIM FOR PER DIEM MAY HAVE BEEN DUE TO AN ERRONEOUS IMPRESSION THAT YOU WERE AN EMPLOYEE OF THE FOREIGN OPERATIONS ADMINISTRATION IN COSTA RICA. WHEREAS YOU WERE IN FACT AN EMPLOYEE OF THE DEPARTMENT OF AGRICULTURE. YOU ALSO ARE OF THE OPINION THAT YOUR HEADQUARTERS "REMAINED IN COSTA RICA" DURING THE ABOVE PERIOD OF SERVICE. " YOU WERE ON NOTICE THAT YOU HAD COMPLETED YOUR ASSIGNMENT WITH THE FOREIGN OPERATIONS ADMINISTRATION IN COSTA RICA. WERE NOT TO RETURN TO THAT PLACE FOR FURTHER DUTY. YOU WERE REQUESTED TO REPORT TO WASHINGTON. IT IS ALSO SHOWN IN A DEPARTMENT OF AGRICULTURE MEMORANDUM DATED JULY 2.

B-127430, OCT. 9, 1956

TO MR. ERNEST P. IMLE, AGRICULTURAL RESEARCH SERVICE:

YOUR LETTER OF AUGUST 28, 1956, REQUESTS RECONSIDERATION OF THAT PORTION OF OUR SETTLEMENT OF AUGUST 22, 1956, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD SEPTEMBER 3, 1954, TO MARCH 13, 1955, WHILE YOU WERE ASSIGNED TO A SPECIAL LIQUIDATION PROJECT AT BELTSVILLE, MARYLAND, BY THE DEPARTMENT OF AGRICULTURE.

IT APPEARS TO BE YOUR BELIEF THAT OUR DENIAL OF YOUR CLAIM FOR PER DIEM MAY HAVE BEEN DUE TO AN ERRONEOUS IMPRESSION THAT YOU WERE AN EMPLOYEE OF THE FOREIGN OPERATIONS ADMINISTRATION IN COSTA RICA, WHEREAS YOU WERE IN FACT AN EMPLOYEE OF THE DEPARTMENT OF AGRICULTURE. YOU ALSO ARE OF THE OPINION THAT YOUR HEADQUARTERS "REMAINED IN COSTA RICA" DURING THE ABOVE PERIOD OF SERVICE.

THE RECORD SHOWS THAT WHEN YOU DEPARTED FROM COSTA RICA, UNDER INSTITUTE OF INTER-AMERICAN AFFAIRS TRAVEL AUTHORIZATION NO. W-CR INTNL-25-54, DATED JUNE 11, 1954, PROVIDING FOR YOUR RETURN TO THE UNITED STATES "FOR HOME LEAVE, CONSULTATION, AND REASSIGNMENT," YOU WERE ON NOTICE THAT YOU HAD COMPLETED YOUR ASSIGNMENT WITH THE FOREIGN OPERATIONS ADMINISTRATION IN COSTA RICA, AND WERE NOT TO RETURN TO THAT PLACE FOR FURTHER DUTY. USFOTO-124, DATED JUNE 18, 1954, YOU WERE REQUESTED TO REPORT TO WASHINGTON, D.C., FOR CONSULTATION BEFORE TAKING HOME LEAVE. IT IS ALSO SHOWN IN A DEPARTMENT OF AGRICULTURE MEMORANDUM DATED JULY 2, 1954, THAT YOU WERE ASSIGNED BY THAT DEPARTMENT TO A SPECIAL LIQUIDATION PROJECT AT BELTSVILLE, MARYLAND.

THE ABOVE MEMORANDUM OF JULY 2 HAD THE EFFECT OF ACCOMPLISHING A REASSIGNMENT AND CHANGE OF OFFICIAL STATION SUBJECT TO YOUR TAKING HOME LEAVE. FOR PER DIEM PURPOSES BELTSVILLE THEN BECAME THE PLACE AT WHICH YOU WERE INDEFINITELY EXPECTED TO PERFORM YOUR DUTIES AND THEREFORE, COSTA RICA CEASED TO BE YOUR OFFICIAL STATION AFTER SEPTEMBER 2, 1954.

YOUR ENTITLEMENT TO PER DIEM IS NOT CONTINGENT UPON WHETHER YOU WERE A FOREIGN OPERATIONS ADMINISTRATION EMPLOYEE, OR A DEPARTMENT OF AGRICULTURE EMPLOYEE. RATHER, SUCH ENTITLEMENT IS DEPENDENT UPON A DETERMINATION OF YOUR PERMANENT DUTY STATION DURING THE PERIOD OF YOUR CLAIM. THE FACTS IN YOUR CASE ESTABLISH THAT BELTSVILLE, MARYLAND, WAS YOUR OFFICIAL STATION DURING THE PERIOD FOR WHICH PER DIEM IS CLAIMED, AND UNDER PARAGRAPH 46 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS,IN EFFECT DURING THE PERIOD OF YOUR CLAIM, PER DIEM MAY NOT BE AUTHORIZED.

ACCORDINGLY, UPON REVIEW, THAT PART OF OUR SETTLEMENT OF AUGUST 22, 1956, WHICH DISALLOWED YOUR CLAIM IS FOUND CORRECT AND MUST BE SUSTAINED.