B-139709, AUG. 26, 1959
Highlights
UPON A TELEPHONE INQUIRY WE WERE ADVISED THAT THE REASON MISS ROBERTS. SUBMITTED THE REQUEST FOR RECONSIDERATION IS BECAUSE YOU WERE ON LEAVE OF ABSENCE AT THAT TIME. WHILE NORMALLY WE MAY NOT RECONSIDER A DECISION TO A CERTIFYING OFFICER AT THE REQUEST OF OTHER THAN THE CERTIFYING OFFICER TO WHOM IT WAS RENDERED. YET SINCE YOU HAVE ADVISED INFORMALLY THAT YOU CONCUR IN THE REQUEST OF MISS ROBERTS AND THAT SUCH REQUEST MAY BE REGARDED AS YOUR REQUEST. WE WILL RENDER OUR DECISION TO YOU IN THIS INSTANCE. WAS PREDICATED UPON THE INFORMATION PRESENTED WITH YOUR LETTER OF MAY 21. DEMING WAS RETURNED TO THE UNITED STATES FOR ANY PURPOSE OTHER THAN THAT OF SEPARATION. WHICH LENDS STRONG SUPPORT TO THE POSITION TAKEN BY THE EMPLOYEE TO THE EFFECT THAT HE WAS AVAILABLE AND UNDER CONSIDERATION FOR A FURTHER ASSIGNMENT OVERSEAS AT THE TIME HE WAS GRANTED HOME LEAVE.
B-139709, AUG. 26, 1959
TO MRS. MARGARET REEDER:
ON JULY 23, 1959, MARY C. ROBERTS, AN AUTHORIZED CERTIFYING OFFICER OF THE ADMINISTRATION, REQUESTED THAT UPON BASIS OF ADDITIONAL FACTS WE RECONSIDER OUR DECISION OF JUNE 17, 1959, TO YOU, INVOLVING THE ENTITLEMENT OF MR. LEON J. DEMING TO HOME LEAVE. SEE YOUR FILE ACC.1.MAR. UPON A TELEPHONE INQUIRY WE WERE ADVISED THAT THE REASON MISS ROBERTS, RATHER THAN YOU, SUBMITTED THE REQUEST FOR RECONSIDERATION IS BECAUSE YOU WERE ON LEAVE OF ABSENCE AT THAT TIME. WHILE NORMALLY WE MAY NOT RECONSIDER A DECISION TO A CERTIFYING OFFICER AT THE REQUEST OF OTHER THAN THE CERTIFYING OFFICER TO WHOM IT WAS RENDERED, YET SINCE YOU HAVE ADVISED INFORMALLY THAT YOU CONCUR IN THE REQUEST OF MISS ROBERTS AND THAT SUCH REQUEST MAY BE REGARDED AS YOUR REQUEST, WE WILL RENDER OUR DECISION TO YOU IN THIS INSTANCE.
OUR DECISION OF JUNE 17, 1959, TO YOU, WAS PREDICATED UPON THE INFORMATION PRESENTED WITH YOUR LETTER OF MAY 21, 1959, REQUESTING OUR DECISION. AT THAT TIME WE CONSIDERED THAT THERE HAD BEEN INSUFFICIENT EVIDENCE SUBMITTED TO SUPPORT A CONCLUSION THAT MR. DEMING WAS RETURNED TO THE UNITED STATES FOR ANY PURPOSE OTHER THAN THAT OF SEPARATION.
HOWEVER, THERE NOW HAS BEEN FORWARDED A MEMORANDUM ENTITLED "CERTIFICATE OF INTENT" SIGNED BY THE ASSISTANT DEPUTY DIRECTOR OF PERSONNEL OF THE INTERNATIONAL COOPERATION ADMINISTRATION ON MARCH 16, 1959, WHICH LENDS STRONG SUPPORT TO THE POSITION TAKEN BY THE EMPLOYEE TO THE EFFECT THAT HE WAS AVAILABLE AND UNDER CONSIDERATION FOR A FURTHER ASSIGNMENT OVERSEAS AT THE TIME HE WAS GRANTED HOME LEAVE. IN THAT CONNECTION THE MEMORANDUM STATES THAT IT WAS THE INTENTION OF THE INTERNATIONAL COOPERATION ADMINISTRATION "TO RETAIN THE SERVICES" OF MR. DEMING AND THAT HE WAS ,AVAILABLE AT ALL TIMES AND WAS UNDER ACTIVE CONSIDERATION" FOR A FURTHER ASSIGNMENT.
ORDER NO. 445.1 APPEARING IN VOLUME 4 OF THE INTERNATIONAL COOPERATION ADMINISTRATION MANUAL WHICH WAS CITED IN OUR DECISION OF JUNE 17, 1959, DOES NOT REQUIRE A REFUND OF AMOUNTS RECEIVED BY AN EMPLOYEE AS HOME LEAVE WHEN FOR REASONS BEYOND THE CONTROL OF THE EMPLOYEE HE IS NOT ASSIGNED TO FURTHER OVERSEAS DUTY. THEREFORE, AND IN VIEW OF THE ADDITIONAL INFORMATION WHICH WAS SUBMITTED HERE WITH THE REQUEST FOR RECONSIDERATION, WE WILL RAISE NO FURTHER OBJECTION IN THIS PARTICULAR CASE TO THE CANCELLATION OF THE SEPARATION ACTION AND TO THE EMPLOYEE'S RECEIPT OF PAYMENTS COVERING HOME LEAVE DURING THE PERIOD IN QUESTION. OUR DECISION OF JUNE 17, 1959, IS MODIFIED ACCORDINGLY.