B-131697, JUN. 7, 1957

B-131697: Jun 7, 1957

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REQUESTS WERE MADE FOR VOLUNTEERS TO MEET THE EMERGENCY. NEFF VOLUNTEERED AND ADMINISTRATIVELY WAS "DETAILED NOT TO EXCEED 120 DAYS.'. HIS TERRITORIAL COST-OF LIVING ALLOWANCE WAS DISCONTINUED. NEFF FEELS THAT SUCH ACTION WAS NOT REASONABLE INASMUCH AS HE MAINTAINS HIS HOME IN ALASKA. THAT HIS EXPENSES THEREFOR CONTINUE WHILE HE IS IN THE CONTINENTAL UNITED STATES. AN EMPLOYEE IS NOT "ON DETAIL" TO A POST IF HE IS THERE TEMPORARILY. NEFF WAS TEMPORARILY PERFORMING WORK IN THE ADMINISTRATION'S WASHINGTON OFFICE AND SUCH DUTIES. WE ARE INFORMALLY ADVISED. WERE IDENTICAL TO THE DUTIES HE PERFORMED AT THIS PERMANENT ALASKA DUTY STATION. WHICH IS RETURNED HEREWITH.

B-131697, JUN. 7, 1957

TO MISS FLORENCE R. LIFFICK, AUTHORIZED CERTIFYING OFFICER, CIVIL AERONAUTICS ADMINISTRATION:

ON APRIL 29, 1957, THE BUDGET AND FINANCE OFFICE, CIVIL AERONAUTICS ADMINISTRATION, TRANSMITTED TO US YOUR LETTER OF APRIL 1, 1957, REQUESTING OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER THEREWITH SUBMITTED, FOR $42.42, IN FAVOR OF VERNON C. NEFF, REPRESENTING TERRITORIAL COST-OF-LIVING ALLOWANCE FOR THE PERIOD JANUARY 30 TO FEBRUARY 9, 1957. SPECIFICALLY, IN VIEW OF THE LANGUAGE OF SECTION 208 (A) (1) OF EXECUTIVE ORDER 10,000, DATED SEPTEMBER 16, 1948, YOUR DOUBT CONCERNS THE PAYMENT OF THE TERRITORIAL COST-OF-LIVING ALLOWANCE TO MR. NEFF WHILE "ON DETAIL" TO WASHINGTON, D.C., DOING, AS INFORMALLY ADVISED, THE SAME DUTIES HE PERFORMS AT HIS ALASKA STATION.

THE PERTINENT LANGUAGE OF THAT SECTION, WHICH APPEARS TO CREATE THE DOUBT, READS AS FOLLOWS:

"PAYMENTS SHALL BEGIN AS OF THE DATE OF ARRIVAL AT THE POST ON ASSIGNMENT, TRANSFER, OR DETAIL AND SHALL STOP AS OF DEPARTURE FROM THE POST FOR SEPARATION, TRANSFER, OR DETAIL * * *.'

THE RECORD SHOWS THAT BECAUSE OF AN EMERGENCY IN THE ADMINISTRATION'S WASHINGTON OFFICE, REQUESTS WERE MADE FOR VOLUNTEERS TO MEET THE EMERGENCY. MR. NEFF VOLUNTEERED AND ADMINISTRATIVELY WAS "DETAILED NOT TO EXCEED 120 DAYS.' PURSUANT TO THE FOREGOING SECTION UPON MR. NEFF'S DEPARTURE FROM ANCHORAGE, ALASKA, JANUARY 29, 1957, TO PERFORM EMERGENCY DUTY IN WASHINGTON, D.C., HIS TERRITORIAL COST-OF LIVING ALLOWANCE WAS DISCONTINUED. YOU SAY THAT MR. NEFF'S DETAIL "INVOLVES SPECIALIZED DUTIES PERTAINING TO THE FUNCTIONS OF THE WASHINGTON OFFICE.' MR. NEFF FEELS THAT SUCH ACTION WAS NOT REASONABLE INASMUCH AS HE MAINTAINS HIS HOME IN ALASKA, HIS PERMANENT DUTY STATION, AND THAT HIS EXPENSES THEREFOR CONTINUE WHILE HE IS IN THE CONTINENTAL UNITED STATES.

THE REGULATIONS OF THE CIVIL SERVICE COMMISSION, ADMINISTERING THE TERRITORIAL COST-OF-LIVING ALLOWANCE, PART 350, CFR, SECTION 350.1 (G), DEFINITIONS, READS, IN PERTINENT PART, AS FOLLOWS:

" "ON DETAIL" AT A POST OF DUTY MEANS PERFORMING TEMPORARILY, AT A POST OTHER THAN THE POST OF REGULAR ASSIGNMENT, DUTIES WHICH INVOLVE CARRYING OUT FUNCTIONS OF THE POST TO WHICH DETAILED. AN EMPLOYEE IS NOT "ON DETAIL" TO A POST IF HE IS THERE TEMPORARILY, IN A TRAVEL STATUS, PERFORMING DUTIES IN CONNECTION WITH THE DUTIES OF HIS REGULAR POSITION AT ANOTHER POST.'

WHILE THE RECORD SHOWS MR. NEFF WAS TEMPORARILY PERFORMING WORK IN THE ADMINISTRATION'S WASHINGTON OFFICE AND SUCH DUTIES, WE ARE INFORMALLY ADVISED, WERE IDENTICAL TO THE DUTIES HE PERFORMED AT THIS PERMANENT ALASKA DUTY STATION, THE FACT REMAINS THAT SUCH DUTIES CARRIED OUT THE FUNCTIONS OF THE POST TO WHICH DETAILED. THEREFORE, IN VIEW OF THE SPECIFIC LANGUAGE OF SECTION 350.1 (G) ABOVE, NO BASIS EXISTS FOR PAYMENT, IN THIS CASE, OF THE TERRITORIAL COST-OF-LIVING ALLOWANCE DURING THE PERIOD OF MR. NEFF'S "DETAIL.'

ACCORDINGLY, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.