B-143719, AUG. 24, 1960

B-143719, AUG. 24, 1960

TO MRS. JEAN R. RAZOVSKY:

YOUR LETTER OF JULY 25, 1960, REQUESTS RECONSIDERATION OF OUR OFFICE SETTLEMENT DATED JUNE 15, 1960, WHICH DISALLOWED YOUR CLAIM FOR $9,175.48 REPRESENTING QUARTERS, POST AND EDUCATIONAL ALLOWANCES FOR THE PERIOD NOVEMBER 1, 1956, TO APRIL 22, 1960, WHILE YOU WERE AN EMPLOYEE OF THE VETERANS ADMINISTRATION IN MANILA, PHILIPPINE ISLANDS.

OUR OFFICE SETTLEMENT IN DISAPPROVAL OF YOUR CLAIM WAS BASED UPON A REPORT RECEIVED FROM MR. D. F. PEPPERS, MANAGER OF THE VETERANS ADMINISTRATION REGIONAL OFFICE, TO THE EFFECT THAT YOU WERE IN THE PHILIPPINE ISLANDS FOR APPROXIMATELY 8 MONTHS BEFORE EMPLOYMENT BY THAT AGENCY AND IT HAD BEEN DETERMINED THAT YOUR PRESENCE THERE WAS NOT FOR THE CONVENIENCE OF THE GOVERNMENT BUT RATHER DUE TO THE FACT THAT YOUR HUSBAND WAS EMPLOYED IN THAT AREA.

PARAGRAPH 216 OF THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS), ISSUED BY THE DEPARTMENT OF STATE, PROVIDES IN PERTINENT PART AS FOLLOWS:

"WHEN AUTHORIZED BY LAW, THE HEAD OF AN AGENCY MAY GRANT LIVING QUARTERS, COST-OF-LIVING, AND REPRESENTATION ALLOWANCES TO CIVILIAN EMPLOYEES OF HIS AGENCY WHO ARE CITIZENS OF THE UNITED STATES, AND REQUIRE AN ACCOUNTING THEREFOR, SUBJECT TO THE PROVISIONS OF THESE REGULATIONS AND THE AVAILABILITY OF FUNDS. WITHIN THE SCOPE OF THESE REGULATIONS, THE HEAD OF AN AGENCY MAY ISSUE SUCH FURTHER IMPLEMENTING REGULATIONS AS MAY BE DEEMED NECESSARY FOR THE GUIDANCE OF HIS AGENCY WITH REGARD TO THE GRANTING AND ACCOUNTING FOR THESE ALLOWANCES.'

VETERANS ADMINISTRATION MANUAL MP-5, CHAPTER 2, SECTION D, PARAGRAPH 3C, PROVIDES IN PART AS FOLLOWS:

"/1) FORMS OF ADDITIONAL COMPENSATION. THE FORMS OF ADDITIONAL COMPENSATION AUTHORIZED FOR PAYMENT TO ELIGIBLE VA EMPLOYEES IN FOREIGN AREAS CONSIST OF THE FOLLOWING DIFFERENTIALS AND ALLOWANCES.

"/B) LIVING QUARTERS ALLOWANCE.

"/C) FOREIGN POST ALLOWANCE.

"/F) EDUCATION ALLOWANCE.

"/2) EMPLOYEES ELIGIBLE

"/A) THE BASIC ELIGIBILITY REQUIREMENTS FOR RECEIPT BY VA EMPLOYEES OF ANY OF THE ABOVE FORMS OF ADDITIONAL COMPENSATION ARE:

"/B) IN ADDITION TO THE ABOVE, EMPLOYEES MUST MEET THE ELIGIBILITY REQUIREMENTS SPECIFIED FOR THE RESPECTIVE ALLOWANCES AND DIFFERENTIALS IN THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS), PROMULGATED BY THE DEPARTMENT OF STATE AND, WITH RESPECT TO THE POST DIFFERENTIAL, IN EXECUTIVE ORDER 10000, AS AMENDED, WITHIN THE FRAMEWORK OF THESE GENERAL ELIGIBILITY REQUIREMENTS, ALLOWANCES AND DIFFERENTIALS MAY BE AUTHORIZED FOR EMPLOYEES OF THE MANILA REGIONAL OFFICE, AS INDICATED BELOW:

"2.LIVING QUARTERS ALLOWANCE. ALL EMPLOYEES, OTHERWISE ELIGIBLE, WHOSE PRESENCE IN THE PHILIPPINES IS FAIRLY ATTRIBUTABLE TO THEIR EMPLOYMENT BY THE UNITED STATES OR UNITED STATES INTERESTS.

"3. FOREIGN POST ALLOWANCE. ALL EMPLOYEES, OTHERWISE ELIGIBLE, WHOSE PRESENCE IN THE PHILIPPINES IS FAIRLY ATTRIBUTABLE TO THEIR EMPLOYMENT BY THE UNITED STATES OR UNITED STATES INTERESTS.

"6. EDUCATION ALLOWANCE. ALL EMPLOYEES, OTHERWISE ELIGIBLE, WHOSE PRESENCE IN THE PHILIPPINES IS FAIRLY ATTRIBUTABLE TO THEIR EMPLOYMENT BY THE UNITED STATES OR UNITED STATES INTERESTS.

"/C) DETERMINATION OF ELIGIBILITY OF EMPLOYEES TO RECEIVE ANY OF THE AUTHORIZED FORMS OF ADDITIONAL COMPENSATION SHALL BE THE RESPONSIBILITY OF THE MANAGER, MANILA REGIONAL OFFICE. * * "

IN VIEW OF THE DISCRETION VESTED IN THE VETERANS ADMINISTRATION BY THE REGULATIONS OF THE DEPARTMENT OF STATE AND AS THE VETERANS ADMINISTRATION HAS DETERMINED THAT YOUR PRESENCE IN THE PHILIPPINE ISLANDS WAS NOT ATTRIBUTABLE TO YOUR EMPLOYMENT BY THE UNITED STATES OR UNITED STATES INTERESTS, AS SPECIFIED IN THE REGULATIONS, QUOTED ABOVE, WE HAVE NO ALTERNATIVE BUT TO SUSTAIN OUR SETTLEMENT OF JUNE 15, 1960, WHICH DISALLOWED YOUR CLAIM. SEE 35 COMP. GEN. 289.

WE DO NOT REGARD YOUR SEPARATION FROM THE SERVICE BECAUSE OF FAILURE TO ACCEPT A NEW ASSIGNMENT OUTSIDE THE PHILIPPINE ISLANDS AS HAVING ANY MATERIAL BEARING ON YOUR ENTITLEMENT TO ALLOWANCES ..END :