B-144213, OCT. 27, 1960

B-144213, OCT. 27, 1960

TO MR. ROBERT A. STRIZZI, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF COMMERCE:

ON OCTOBER 10, 1960, YOU REQUESTED OUR DECISION CONCERNING THE CLAIM OF MR. MORTON J. SCHWARTZ FOR FOREIGN POST DIFFERENTIAL FOR TEMPORARY DUTY PERFORMED IN NEW DELHI AND CALCUTTA, INDIA, DURING THE PERIOD OCTOBER 9 TO DECEMBER 12, 1958.

WHILE YOU FORWARDED COPIES OF A TRAVEL VOUCHER SUBMITTED BY MR. SCHWARTZ COVERING TRAVEL EXPENSES AND PER DIEM INCIDENT TO HIS TRAVEL TO AND TEMPORARY DUTY IN INDIA AND JAPAN, NO DIFFERENTIAL IS CLAIMED ON THAT VOUCHER AND NO PAYROLL VOUCHER--- THE APPROPRIATE TYPE OF VOUCHER TO USE WHEN PROCESSING CLAIMS FOR FOREIGN POST DIFFERENTIAL (ADDITIONAL COMPENSATION/--- HAS BEEN PRESENTED. SEE 21 COMP. GEN. 1128; 23 ID. 793. HOWEVER, SINCE YOU DO HAVE A CLAIM FOR FOREIGN POST DIFFERENTIAL BEFORE YOU, IN THE INTEREST OF AVOIDING DELAY, WE SHALL ADVISE YOU CONCERNING THE PROPRIETY OF YOUR CERTIFYING A VOUCHER COVERING THAT CLAIM WITHOUT THE NECESSITY OF YOUR FIRST SUBMITTING HERE THE USUAL PAYROLL VOUCHER.

SECTION 115G OF THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS) WHICH WAS IN EFFECT DURING THE PERIOD COVERED BY MR. SCHWARTZ'S CLAIM IS, IN PART, AS FOLLOWS:

" "ON DETAIL" MEANS ONE OR THE OTHER OF THE FOLLOWING:

"/1) THE TEMPORARY ASSIGNMENT OR TEMPORARY DUTY OF AN EMPLOYEE AWAY FROM HIS PERMANENT STATION NOT CLASSIFIED FOR DIFFERENTIAL TO A POST OR AREA WHICH IS SO CLASSIFIED, OR AWAY FROM HIS PERMANENT STATION WHICH IS CLASSIFIED FOR DIFFERENTIAL TO A POST OR AREA CLASSIFIED AT A HIGHER RATE, WHEN THE PERIOD OF SUCH ASSIGNMENT OR DUTY IS ACTUALLY 60 CALENDAR DAYS OR MORE * * *.'

SECTION 114 OF THOSE REGULATIONS WHICH ALSO WAS IN EFFECT DURING THE PERIOD IN QUESTION IS, IN PART, AS FOLLOWS:

"PAYMENT FOR DETAIL AS DEFINED IN SECTION 115-G SHALL BE MADE AT THE RATE ESTABLISHED FOR THE DIFFERENTIAL POST OR AREA OF DETAIL FROM THE DATE OF ARRIVAL TO THE CLOSE OF BUSINESS ON THE DATE OF DEPARTURE OR THE DATE DIFFERENTIAL IS TERMINATED UNDER OTHER PROVISIONS OF THESE REGULATIONS; *

WHILE THE DURATION OF MR. SCHWARTZ'S DUTY IN INDIA WAS 65 DAYS, HIS ASSIGNMENT AT NEITHER POST (NEW DELHI NOR CALCUTTA) WAS OF SUFFICIENT DURATION TO CONSTITUTE A "DETAIL" FOR WHICH THE FOREIGN POST DIFFERENTIAL WOULD BE PAYABLE. IN OUR DECISION OF DECEMBER 6, 1957, B 134203, WE SAID THAT---

"CONCERNING PART B OF THE SECOND QUESTION, IN THOSE SITUATIONS WHERE AN EMPLOYEE WHOSE HEADQUARTERS IS IN THE UNITED STATES PERFORMS OFFICIAL TRAVEL TO AREAS OUTSIDE THE UNITED STATES WHICH ARE CLASSIFIED FOR POST DIFFERENTIAL PURPOSES, PAYMENTS OF THE POST DIFFERENTIAL PROPERLY MAY BE CERTIFIED ONLY AFTER IT IS DETERMINED THAT THE EMPLOYEE IN FACT HAS REMAINED AT A PARTICULAR DIFFERENTIAL POST FOR THE FULL 60-DAY QUALIFYING PERIOD.'

MR. SCHWARTZ'S CASE FALLS WITHIN THE PRINCIPAL ENUNCIATED IN THAT PART OF OUR DECISION OF DECEMBER 6, 1957, JUST QUOTED. THEREFORE, WE KNOW OF NO PROPER BASIS UPON WHICH YOU COULD CERTIFY A VOUCHER IN FAVOR OF MR. SCHWARTZ FOR A FOREIGN POST DIFFERENTIAL COVERING THE PERIOD IN QUESTION.