B-154117, JUL. 22, 1964

B-154117, JUL. 22, 1964

TO MR. HARRY T. CHASE, JR.:

YOUR LETTER OF APRIL 25, 1964, REQUESTS RECONSIDERATION OF YOUR CLAIM FOR PER DIEM FROM JANUARY 8 TO APRIL 6, 1962, WHILE YOU WERE A CLAIMS REPRESENTATIVE TRAINEE, SOCIAL SECURITY ADMINISTRATION, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, WHICH WAS DISALLOWED BY OFFICE SETTLEMENT OF MARCH 25, 1964.

YOU WERE GIVEN A CAREER-CONDITIONAL APPOINTMENT AS A CLAIMS EXAMINER ON JANUARY 7, 1962. YOU BEGAN DUTY AT SAN FRANCISCO, CALIFORNIA, WHICH WAS DESIGNATED AT THE TIME OF YOUR APPOINTMENT AS YOUR DUTY STATION. THIS WAS IN ACCORDANCE WITH THE THEN-EXISTING ADMINISTRATIVE POLICY TO ASSIGN THE PLACE OF TRAINING AS THE FIRST PERMANENT DUTY STATION. AFTER YOU HAD BEGUN YOUR TRAINING PROGRAM, IT WAS ADMINISTRATIVELY DECIDED (DIVISION OF FIELD OPERATIONS MEMORANDUM NO. B-16, FEBRUARY 9, 1962) THAT, EFFECTIVE FEBRUARY 19, 1962, THE REGIONAL TRAINING CENTERS WOULD BE DESIGNATED AS TEMPORARY DUTY STATIONS AND PER DIEM WOULD BE PAID AT THE RATE OF $8 PER DAY. IT WAS ALSO DECIDED THAT "ALL TRAINEES WHO HAVE ENTERED ON PERMANENT DUTY AT THE TRAINING CENTERS PRIOR TO FEBRUARY 19, AND ARE CURRENTLY BEING TRAINED WILL NOT BE ELIGIBLE FOR PER DIEM. HOWEVER, THEY WILL REMAIN ELIGIBLE FOR PAYMENT FOR THE MOVEMENT OF HOUSEHOLD GOODS FROM ONE PERMANENT DUTY STATION TO ANOTHER PERMANENT DUTY STATION IF THEY MEET THE CRITERIA OF THE POLICY WHICH HAS BEEN USED IN THE PAST.' (MEMORANDUM TO ALL REGIONAL REPRESENTATIVES, OASI, FEBRUARY 9, 1962.)

BY STANDARD FORM 52, DATED FEBRUARY 23, 1962, A "TRANSFER-CHANGE OF STATION" WAS REQUESTED FOR YOU FROM SAN FRANCISCO TO FRESNO, CALIFORNIA. HOWEVER, YOUR TRAVEL ORDER DATED APRIL 5, 1962, AUTHORIZED "TRAVEL AT NO EXPENSE TO THE GOVERNMENT FROM TRAINING STATION IN SAN FRANCISCO, CALIFORNIA, TO FRESNO, CALIFORNIA, FIRST PERMANENT DUTY STATION.' THE RECORD DOES NOT SHOW THE BASIS USED FOR THE STATEMENT THAT FRESNO WAS YOUR FIRST DUTY STATION NOR DO WE HAVE ANY RECORD OF A PERSONNEL ACTION REDESIGNATING SAN FRANCISCO AS A TEMPORARY RATHER THAN A PERMANENT STATION. FURTHER, SUCH A REDESIGNATION WOULD BE IN CONFLICT WITH THE POLICY STATED IN THE MEMORANDUM TO THE REGIONAL REPRESENTATIVES OF FEBRUARY 9, 1962, CITED ABOVE. ALSO, AS A MATTER OF INFORMATION ONLY, WE HAVE BEEN INFORMALLY ADVISED BY THE ADMINISTRATIVE OFFICER HERE THAT AS FAR AS IS KNOWN, THE STATION DESIGNATION OF TRAINEES IN OTHER PARTS OF THE COUNTRY WHO HAD BEGUN DUTY PRIOR TO FEBRUARY 19, 1962, WAS NOT CHANGED FROM PERMANENT TO TEMPORARY, BUT REMAINED DESIGNATED AS PERMANENT IN ACCORDANCE WITH THE BUREAU POLICY EXPRESSED IN THE MEMORANDUMS CITED ABOVE.

A REASONABLE DESIGNATION OF THE FIRST DUTY STATION IS NOT ORDINARILY QUESTIONED BY THIS OFFICE. 22 COMP. GEN. 869, 872. THE RECORD SHOWS THAT THE ADMINISTRATIVE POLICY WAS THAT TRAINING CENTERS WOULD BE CONSIDERED TEMPORARY DUTY STATIONS ONLY FOR PERSONS BEGINNING TRAINING DUTY ON OR AFTER FEBRUARY 19, 1962.

IN VIEW OF THE ABOVE, WE CONSIDER THAT SAN FRANCISCO WAS AND REMAINED YOUR FIRST PERMANENT DUTY STATION, UNTIL YOUR TRANSFER TO FRESNO, WHICH WOULD BE, THEREFORE, YOUR SECOND PERMANENT DUTY STATION. CONSEQUENTLY, THE DISALLOWANCE OF YOUR CLAIM FOR PER DIEM AND TRAVEL WHILE STATIONED AT SAN FRANCISCO IS SUSTAINED.