B-148398, APR. 6, 1962

B-148398: Apr 6, 1962

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THAT YOU WERE TO CONSIDER YOURSELF IN QUARANTINE. (5) YOU WERE DELAYED IN NEW YORK CITY BEYOND THE END OF QUARANTINE BECAUSE THE PORT WAS UNABLE TO SCHEDULE YOUR DEPARTURE UNTIL JUNE 30. THE RECORD SHOWS THAT YOU COULD HAVE LEFT PLEASANTON ON JUNE 14 AND STILL WOULD HAVE ARRIVED IN NEW YORK IN TIME TO COMPLY WITH THE JUNE 15 SCHEDULED DEPARTURE. THE ILLNESS OF YOUR CHILD WOULD HAVE BEEN DISCOVERED PRIOR TO THE DEPARTURE FROM PLEASANTON ON JUNE 14 CANNOT NOW BE DETERMINED. IT IS EVIDENT THAT THE SOLE REASON FOR THE CANCELLATION OF YOUR SCHEDULED DEPARTURE ON JUNE 15 WAS YOUR NOTIFICATION TO THE ADMINISTRATIVE PERSONNEL CONCERNING THE ILLNESS IN YOUR FAMILY. WE FIND NO INDICATION OF RECORD THAT YOU INFORMED THE AUTHORITIES THAT YOU COULD HAVE DEPARTED ON THE 15TH WITHOUT YOUR FAMILY.

B-148398, APR. 6, 1962

TO MR. CLARENCE H. JAMES:

YOUR LETTER OF FEBRUARY 23, 1962, REQUESTS RECONSIDERATION OF OUR OFFICE SETTLEMENT OF FEBRUARY 13, 1962, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE FOR THE PERIOD OF STOPOVER IN NEW YORK, NEW YORK, JUNE 15 TO 30, 1960, INCIDENT TO YOUR RETURN TRIP AS A CIVILIAN EMPLOYEE TO AN OVERSEAS POST OF DUTY FOLLOWING A PERIOD OF "HOME LEAVE.'

THE RECORD SHOWS THAT (1) WHILE ON HOME LEAVE AT PLEASANTON, KANSAS, YOU RECEIVED A PORT CALL TO REPORT AT IDLEWILD AIRPORT, NEW YORK, ON JUNE 15, 1960, FOR OVERSEAS TRAVEL; (2) YOU LEFT PLEASANTON ON JUNE 10 AND ARRIVED IN NEW YORK ON JUNE 11; (3) ON JUNE 14, THE DOCTOR SAID THAT YOUR CHILD HAD GERMAN MEASLES AND THE CHILD SHOULD NOT TRAVEL FOR ABOUT A WEEK, AND THAT YOU WERE TO CONSIDER YOURSELF IN QUARANTINE; (4) BECAUSE OF THE ILLNESS THE PORT AUTHORITIES CANCELED YOUR DEPARTURE AS WELL AS THAT OF YOUR DEPENDENTS, AND (5) YOU WERE DELAYED IN NEW YORK CITY BEYOND THE END OF QUARANTINE BECAUSE THE PORT WAS UNABLE TO SCHEDULE YOUR DEPARTURE UNTIL JUNE 30, 1960.

THE RECORD SHOWS THAT YOU COULD HAVE LEFT PLEASANTON ON JUNE 14 AND STILL WOULD HAVE ARRIVED IN NEW YORK IN TIME TO COMPLY WITH THE JUNE 15 SCHEDULED DEPARTURE. AS TO WHETHER, IN SUCH CASE, THE ILLNESS OF YOUR CHILD WOULD HAVE BEEN DISCOVERED PRIOR TO THE DEPARTURE FROM PLEASANTON ON JUNE 14 CANNOT NOW BE DETERMINED. MOREOVER, IT IS EVIDENT THAT THE SOLE REASON FOR THE CANCELLATION OF YOUR SCHEDULED DEPARTURE ON JUNE 15 WAS YOUR NOTIFICATION TO THE ADMINISTRATIVE PERSONNEL CONCERNING THE ILLNESS IN YOUR FAMILY. WE FIND NO INDICATION OF RECORD THAT YOU INFORMED THE AUTHORITIES THAT YOU COULD HAVE DEPARTED ON THE 15TH WITHOUT YOUR FAMILY. ON THE CONTRARY, YOUR STATEMENT CONCERNING THE QUARANTINE STATUS SUPPORTS THE VIEW THAT YOUR DEPARTURE DATE, AS WELL AS THAT OF YOUR FAMILY, WAS REQUIRED TO BE DELAYED. THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS CONTAIN NO PROVISION AUTHORIZING PER DIEM TO AN EMPLOYEE FOR A PERIOD OF DELAY RESULTING FROM AN ILLNESS OTHER THAN HIS OWN.

THEREFORE, UPON REVIEW, OUR OFFICE SETTLEMENT OF FEBRUARY 13, 1962, IS SUSTAINED.