B-156764, AUG. 25, 1965

B-156764, AUG. 25, 1965

TO MR. STANLEY J. SHANER:

FURTHER REFERENCE IS MADE TO YOUR REQUEST OF MAY 6, 1965, FOR RECONSIDERATION OF YOUR CLAIM FOR THE VALUE OF ANNUAL LEAVE USED FROM MARCH 23 TO MAY 22, 1964, AND FOR REIMBURSEMENT FOR THE COSTS OF STORAGE OF HOUSEHOLD GOODS, WHICH WAS DISALLOWED BY OFFICE SETTLEMENT OF MAY 4, 1965.

IN OUR LETTER TO YOU OF MAY 21, 1965, WE ADVISED YOU THAT WE HAD REQUESTED A SUPPLEMENTAL REPORT FROM THE DEPARTMENT OF THE ARMY. THAT REPORT HAS BEEN RECEIVED AND THE FACTS HEREINAFTER SET FORTH ARE TAKEN FROM THE REPORT.

WHILE WORKING IN JAPAN YOU WERE INFORMED YOU NO LONGER MET THE SECURITY REQUIREMENTS FOR YOUR ASSIGNMENT. YOU COULD NOT BE PERMITTED IN THE SENSITIVE WORK AREA WITHOUT APPROPRIATE CLEARANCE, AND THE 12TH U.S. ARMY SECURITY AGENCY FIELD STATION HAD NO POSITIONS FOR WHICH YOU COULD MEET THE SECURITY STATUS. ON OR ABOUT NOVEMBER 4, 1964, YOU WERE RELIEVED OF YOUR DUTIES AND PLACED IN A NONWORK STATUS IN THE EXPECTATION THAT YOU WOULD BE REASSIGNED TO ANOTHER ACTIVITY WHERE YOU COULD MEET CLEARANCE REQUIREMENTS. YOU WERE CONTINUED IN A PAY STATUS. DIFFICULTY WAS ENCOUNTERED IN REASSIGNING YOU BECAUSE OF STRINGENT MANPOWER CONTROLS IN EFFECT THROUGHOUT THE U.S. ARMY PACIFIC. ON JANUARY 20, 1964, YOU FILED A REQUEST FOR A GRIEVANCE HEARING, WHICH WAS ACKNOWLEDGED ON FEBRUARY 6, 1964. THERE IS NO RECORD OF A DECISION BEING RENDERED. ON MARCH 6, 1964, YOU FILED A REQUEST FOR RETURN TO THE UNITED STATES FOR SEPARATION. YOU SUBMITTED A RESIGNATION ON MARCH 3, 1964, REQUESTING THE EFFECTIVE DATE TO BE MARCH 20, 1964, PLUS EXCESS ACCRUED LEAVE, PLUS 80 HOURS OF ANNUAL LEAVE. PRIOR TO YOUR DEPARTURE FROM JAPAN YOU REVISITED THE CIVILIAN PERSONNEL DIRECTOR, U.S. ARMY JAPAN. IT WAS AGREED THAT YOUR RESIGNATION WOULD NOT BE ACCEPTED AND THAT YOU WOULD BE PLACED IN A LEAVE STATUS AND RETAINED ON THE ROLLS PENDING THE OUTCOME OF EFFORTS TO PLACE YOU IN THE UNITED STATES, THUS PROTECTING YOUR CONTINUED FEDERAL EMPLOYMENT BY RETAINING YOU ON THE ROLLS UNTIL YOU COULD BE REASSIGNED. YOU BEGAN YOUR RETURN TRAVEL ON APRIL 11, 1964. IN JUNE 1964 YOU WERE NOTIFIED YOU WERE TENTATIVELY SELECTED FOR A POSITION IN PHILADELPHIA. YOU ACCEPTED AND, AFTER ALL PREEMPLOYMENT INQUIRES WERE COMPLETED, YOU REPORTED FOR DUTY ON AUGUST 20, 1964.

IN REGARD TO YOUR CLAIM FOR THE VALUE OF THE ANNUAL LEAVE USED, THE RECORD SHOWS THAT YOU REQUESTED THE ANNUAL LEAVE AND THE LEAVE WAS GRANTED IN ACCORDANCE WITH THE REQUEST. THEREFORE, WE FIND NO PROPER BASIS FOR EITHER AUTHORIZING A RECREDITING OF THE LEAVE SO TAKEN TO YOUR ACCOUNT OR FOR PAYING YOU THE VALUE THEREOF.

CONCERNING THE MATTER OF YOUR STATUS DURING THE PERIOD OF YOUR RETURN TRAVEL, THE SUPPLEMENTAL REPORT FROM THE DEPARTMENT OF THE ARMY EXPLAINS THAT THE REASON YOUR ORIGINAL TRAVEL ORDER OF MARCH 11, 1964, AUTHORIZING RETURN TRAVEL FOR SEPARATION IN A DUTY STATUS WAS AMENDED ON MARCH 16, 1964, TO SPECIFY RETURN TRAVEL IN A NONDUTY STATUS WAS THAT THE CIVILIAN PERSONNEL REGULATIONS OF THE DEPARTMENT OF THE ARMY PROVIDE THAT AN EMPLOYEE HIRED LOCALLY OVERSEAS WILL BE SEPARATED LOCALLY EVEN THOUGH HE HAS COMPLETED A TRANSPORTATION AGREEMENT PROVIDING FOR RETURN TRANSPORTATION TO PLACE OF ACTUAL RESIDENCE IN THE UNITED STATES. UNDER SUCH CIRCUMSTANCES THE EMPLOYEE IS NOT CARRIED IN A DUTY STATUS FOR THE RETURN TRIP. IN YOUR CASE, THE ORIGINAL TRAVEL ORDER COULD NOT BE AMENDED UNTIL THE NEW DUTY STATION IN THE UNITED STATES WAS DETERMINED. THE REPORT FURTHER INFORMS US THAT U.S. ARMY JAPAN HAS FURNISHED INFORMATION THAT ORIGINALLY YOU WERE CARRIED IN A NONPAY STATUS FOR THE PERIOD OF YOUR RETURN TRAVEL BUT BASED ON AN AMENDMENT DATED AUGUST 25, 1964, TO YOUR TRAVEL ORDER, AMENDING THE ORIGINAL ORDER TO PROVIDE FOR PCS MOVEMENT TO U.S. ARMY ELECTRONICS COMMAND, PHILADELPHIA, PENNSYLVANIA, RATHER THAN FOR SEPARATION AS STATED IN THE ORIGINAL ORDER, THE NONPAY STATUS FOR THE RETURN TRIP WAS CHANGED TO DUTY STATUS. HOWEVER, THE INFORMATION PREVIOUSLY RECEIVED, AS STATED TO YOU IN OUR OFFICE SETTLEMENT OF MAY 4, 1965, WAS THAT YOU WERE CARRIED IN AN ANNUAL LEAVE STATUS FROM MARCH 23 TO MAY 22, 1964; A LEAVE-WITHOUT-PAY STATUS FROM MAY 24 TO AUGUST 10, 1964; AND THAT A SUBSEQUENT RECOMPUTATION OF YOUR ANNUAL LEAVE SHOWED A BALANCE OF 49 HOURS WHICH WAS TRANSFERRED TO YOUR NEW STATION. SINCE THE DIFFERENCES IN THE INFORMATION CANNOT BE RECONCILED WITH THE FACTS AVAILABLE, THE DEPARTMENT OF THE ARMY HAS AGAIN WRITTEN U.S. ARMY JAPAN ON THIS SUBJECT. THE MATTER OF YOUR DUTY STATUS AND LEAVE CHARGE DURING THE PERIOD OF YOUR RETURN TRAVEL WILL BE RECHECKED AND VERIFIED BY THE DEPARTMENT OF THE ARMY, AND WE UNDERSTAND THAT YOUR EMPLOYING ACTIVITY WILL INFORM YOU OF THEIR FINDINGS IN THIS REGARD.

IN REGARD TO PER DIEM, THE SUPPLEMENTAL REPORT FROM THE DEPARTMENT OF THE ARMY INFORMS US THAT RECORDS INDICATE THE FOLLOWING TRAVEL AND TRANSPORTATION WERE PAID TO YOU:

TABLE

"/A) U.S. ARMY JAPAN

PER DIEM PAYMENT FOR RETURN TRANSPORTATION

11 APRIL 1964, MATS, PER DIEM 1/4 DAY $ 3.75

12 APRIL 1964, AM.PRES.LINE, PER DIEM 1 DAY 7.50

13 THRU 21 APRIL, APL, PER DIEM 9 DAYS 54.00

22 APRIL, APL (IDL CROSSING) PER DIEM 1 3/4 DAYS 3.50

23 APRIL, SAN FRANCISCO, CALIF. PER DIEM 1 DAY 9.00

24-28 APRIL, TPA, PER DIEM 5 DAYS 80.00

29 APRIL, TPA, (BATAVIA, ILL) PER DIEM 1/2 DAY 8.00

$165.75

"BAGGAGE FEES NORTH PIER, YOKOHAMA JAPAN TO APL VESSEL 5.50

TAXI FARE - SAN FRANCISCO TO MOTEL 5.50

HOUSEHOLD GOODS SHIPPED FROM DUTY STATION IN JAPAN ON

18 MARCH 1964 ON GBL B-0048529 TO MARKET STREET

VAN AND STORAGE CO., SAN FRANCISCO BASED UPON

EMPLOYEE'S REQUEST. HOUSEHOLD GOODS STORED 60

DAYS AT GOVERNMENT EXPENSE AND AN ADDITIONAL 60

DAYS AT EMPLOYEE'S EXPENSE. ON 31 AUGUST 1964

OAKLAND ARMY TERMINAL SHIPPED HOUSEHOLD GOODS

TO PHILADELPHIA BASED ON AMENDED PCS TRAVEL

ORDERS ISSUED BY U.S. ARMY JAPAN.

TRANSPORTATION OF ONE PRIVATELY-OWNED VEHICLE INCLUDING PORT HANDLING

CHARGES FROM MURORAN PORT JAPAN TO CONUS PORT.

TABLE

"/B) HEADQUARTERS, USAECOM

TRAVEL BY POV FROM BATAVIA, ILL. TO PHILADELPHIA -

DEPENDENTS ACCOMPANYING TRAVELER

768 MILES AT 12 CENTS $ 92.16

1 1/2 DAYS PER DIEM AT $16 24.00

TOLL ROAD CHARGES 7.65

$123.81"

THEREFORE, IT APPEARS THAT YOU HAVE RECEIVED PAYMENT FOR TRANSPORTATION, PER DIEM AND OTHER TRAVEL EXPENSES COVERING DIRECT TRAVEL TO YOUR NEW DUTY STATION.

YOU ALSO CLAIMED STORAGE COSTS. AS STATED IN OUR OFFICE SETTLEMENT OF MAY 4, 1965, THERE IS NO AUTHORITY TO ALLOW YOU MORE THAN THE 60 DAYS' STORAGE FOR WHICH YOU WERE PAID.

THEREFORE, YOUR CLAIM FOR RECREDIT OF ANNUAL LEAVE, PER DIEM AND ADDITIONAL STORAGE IS DISALLOWED AS STATED ABOVE.

IN REGARD TO YOUR FINAL QUESTIONS, YOU ARE NOT REQUIRED TO RETAIN A LAWYER TO PRESENT YOUR CASE TO THE UNITED STATES COURT OF CLAIMS. ANY FURTHER INFORMATION YOU MAY WISH MAY BE OBTAINED BY WRITING TO:CLERK, U.S. COURT OF CLAIMS, 1325 K STREET, N.W., 3RD FLOOR, WASHINGTON, D.C. 20005.