B-130723, MAR. 27, 1957

B-130723: Mar 27, 1957

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WAS DISALLOWED BY OUR SETTLEMENT OF NOVEMBER 19. YOU WERE DIRECTED TO PROCEED FROM BISMARCK. THE FACTS DISCLOSE THAT YOU HAVE BEEN PAID $11 PER DIEM. THE PER DIEM RATE FOR ALL EMPLOYEES OF THE SERVICE "WHOSE OFFICIAL STATIONS ARE WASHINGTON. WAS INCREASED FROM $11 TO $12 EFFECTIVE JULY 30. IT IS REPORTED THAT YOU WERE CARRIED ON THE ROLLS OF THE WASHINGTON OFFICE WHILE PERFORMING DUTY AT SALT LAKE CITY AND IT IS UNDERSTOOD THAT YOU WERE NEVER CONSIDERED TO BE AN EMPLOYEE OF THE WASHINGTON FIELD STAFF. " AND THAT WHILE OCCUPYING THE TEMPORARY POSITION AT SALT LAKE CITY YOU WERE A MEMBER OF HIS "INTERNAL AUDIT STAFF" AND IT WAS INTENDED THAT YOU. A SETTLEMENT FOR THE ADDITIONAL PER DIEM WILL ISSUE IN YOUR FAVOR AS SOON AS PRACTICABLE.

B-130723, MAR. 27, 1957

TO MR. LINCOLN F. GALLACHER, SOIL CONSERVATION SERVICE:

YOUR LETTER OF JANUARY 14, 1957, ACKNOWLEDGED FEBRUARY 13, RELATES TO THE ACTION TAKEN BY OUR OFFICE UPON YOUR CLAIM FOR $27 ALLEGED TO BE DUE IN CONNECTION WITH YOUR TRANSFER FROM BISMARCK, NORTH DAKOTA, TO WASHINGTON, D.C., AS AN EMPLOYEE OF THE SOIL CONSERVATION SERVICE.

THE SUM OF $17 REPRESENTING PER DIEM IN LIEU OF SUBSISTENCE FOR THE PERIOD FROM JULY 30 TO AUGUST 18, 1956, AND $10 FOR REIMBURSEMENT OF PERSONAL FUNDS EXPENDED FOR CHEST X-RAY PRIOR TO YOUR DEPARTURE FROM BISMARCK, WAS DISALLOWED BY OUR SETTLEMENT OF NOVEMBER 19, 1956, FOR THE REASONS THEREIN STATED.

BY TRAVEL AUTHORIZATION DATED JUNE 26, 1956, YOU WERE DIRECTED TO PROCEED FROM BISMARCK, NORTH DAKOTA, TO WASHINGTON, D.C., VIA SALT LAKE CITY, UTAH, FOR PERMANENT DUTY. THE CHANGE OF STATION ORDERS AUTHORIZED YOU AND YOUR IMMEDIATE FAMILY TO TRAVEL TO THE NEW DUTY STATION BY PRIVATELY OWNED AUTOMOBILE--- BEGINNING ON OR ABOUT JULY 19, 1956, AND ENDING ON ARRIVAL AT NEW EADQUARTERS; AND AUTHORIZED A PER DIEM ALLOWANCE OF $11 PER DAY. IN COMPLIANCE WITH INSTRUCTIONS, YOU REPORTED FOR DUTY AT SALT LAKE CITY ON JULY 23; AND AFTER TEMPORARY DUTY OF APPROXIMATELY THREE WEEKS DURATION, YOU PROCEEDED TO YOUR NEW PERMANENT DUTY STATION IN WASHINGTON ARRIVING THERE ON AUGUST 18, 1956.

THE FACTS DISCLOSE THAT YOU HAVE BEEN PAID $11 PER DIEM, THE RATE AUTHORIZED IN YOUR ORIGINAL TRAVEL ORDERS. WE NOTE, HOWEVER, THAT BY ORDER OF THE ADMINISTRATOR, SOIL CONSERVATION SERVICE, DATED JULY 30, 1956, THE PER DIEM RATE FOR ALL EMPLOYEES OF THE SERVICE "WHOSE OFFICIAL STATIONS ARE WASHINGTON, D.C. AND BELTSVILLE, MARYLAND," BUT EXCLUDING THE WASHINGTON FIELD STAFF, WAS INCREASED FROM $11 TO $12 EFFECTIVE JULY 30, 1956. IT IS REPORTED THAT YOU WERE CARRIED ON THE ROLLS OF THE WASHINGTON OFFICE WHILE PERFORMING DUTY AT SALT LAKE CITY AND IT IS UNDERSTOOD THAT YOU WERE NEVER CONSIDERED TO BE AN EMPLOYEE OF THE WASHINGTON FIELD STAFF. MOREOVER, THE STATEMENT OF THE ADMINISTRATOR DATED JANUARY 7, 1957, SHOWS THAT YOUR PROMOTION AND TRANSFER ,BECAME EFFECTIVE ON JULY 23, 1956," AND THAT WHILE OCCUPYING THE TEMPORARY POSITION AT SALT LAKE CITY YOU WERE A MEMBER OF HIS "INTERNAL AUDIT STAFF" AND IT WAS INTENDED THAT YOU, ALONG WITH OTHER WASHINGTON EMPLOYEES WHO PERFORMED THE SALT LAKE CITY AUDIT, WOULD BE PAID THE MAXIMUM $12 RATE ON AND AFTER JULY 30, 1956. IN VIEW OF THE ABOVE, IT REASONABLY MAY BE CONCLUDED IN THIS CASE THAT AS A RESULT OF THE INCREASED RATE, YOU ACQUIRED THE RIGHT TO $12 PER DAY AS ADMINISTRATIVELY APPROVED, AND A SETTLEMENT FOR THE ADDITIONAL PER DIEM WILL ISSUE IN YOUR FAVOR AS SOON AS PRACTICABLE.

CONCERNING THE BALANCE OF YOUR CLAIM FOR THE COST OF CHEST X-RAY PROCURED IN BISMARCK, YOU ARE ADVISED THAT THE REGULATIONS WHICH REQUIRE A CHEST X- RAY FOR ENTRY INTO THE DEPARTMENTAL SERVICE IN WASHINGTON, D.C., ALSO REQUIRE SUCH X-RAY TO BE MADE BY THE U.S. PUBLIC HEALTH SERVICE OUT PATIENT CLINIC, AND THAT THE ARRANGEMENTS THEREFOR SHALL BE MADE BY THE EMPLOYMENT OFFICER. SEE PART M 1-11 AND M 1-12 OF FEDERAL PERSONNEL MANUAL. PART M 1-3 OF THE SAID MANUAL SPECIFICALLY PROVIDES THAT "WHERE EXAMINATIONS ARE CONDUCTED BY DESIGNATED FEDERAL MEDICAL EXAMINERS OR DULY LICENSED PHYSICIANS, THE COST MUST BE BORNE BY THE INDIVIDUAL.' EVEN THOUGH THE FINAL OUTCOME OF YOUR TRANSFER WAS SUBJECT TO A SATISFACTORY CHEST X-RAY EXAMINATION, THERE IS NO AUTHORITY TO REIMBURSE YOU FOR THE SUM CLAIMED SINCE YOU HAD NO RIGHT TO ARRANGE FOR THE X-RAY OR OBLIGATE THE GOVERNMENT.

ACCORDINGLY, OUR SETTLEMENT OF NOVEMBER 19, 1956, DISALLOWING YOUR CLAIM FOR CHEST X-RAY, IS FOUND TO BE CORRECT AND MUST BE SUSTAINED.