B-157049, JUL. 13, 1965

B-157049: Jul 13, 1965

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THE FACTS IN YOUR CASE WERE FULLY SET FORTH IN OUR SETTLEMENT OF MAY 13. THE DISALLOWANCE OF YOUR CLAIM WAS BASED ON AN ADMINISTRATIVE REPORT FROM THE AGENCY FOR INTERNATIONAL DEVELOPMENT. THE FILE SHOWS THAT WHILE YOU WERE ON TEMPORARY DUTY IN SAUDI ARABIA YOU RECEIVED PER DIEM. PROVIDES THAT A SEPARATION ALLOWANCE MAY BE GRANTED TO AN EMPLOYEE WHENEVER THE HEAD OF AN AGENCY DETERMINES THAT THE EMPLOYEE IS COMPELLED TO MAINTAIN ANY OR ALL MEMBERS OF HIS FAMILY ELSEWHERE THAN IN THE COUNTRY OF HIS ASSIGNMENT BECAUSE OF THE EXISTENCE AT HIS POST OF DANGEROUS LIVING CONDITIONS OR NOTABLY UNHEALTHFUL CONDITIONS. SINCE THERE IS NOTHING OF RECORD TO SHOW THAT A DETERMINATION WAS MADE BY THE HEAD OF THE AGENCY THAT YOU WERE ENTITLED TO SEPARATION ALLOWANCE WHILE YOU WERE IN SAUDI ARABIA YOU ARE PRECLUDED FROM RECEIVING SEPARATION ALLOWANCE.

B-157049, JUL. 13, 1965

TO MR. MELVIN T. JOHNSON:

THIS REFERS TO YOUR LETTER OF JUNE 8, 1965, WITH ENCLOSURES, REQUESTING RECONSIDERATION OF OUR OFFICE SETTLEMENT OF MAY 13, 1965, WHICH DISALLOWED YOUR CLAIM FOR POST DIFFERENTIAL FROM APRIL 7 THROUGH AUGUST 26, 1957, AND SEPARATION ALLOWANCE FROM MARCH 29 THROUGH SEPTEMBER 1, 1957.

THE FACTS IN YOUR CASE WERE FULLY SET FORTH IN OUR SETTLEMENT OF MAY 13, 1965, AND NEED NOT BE REPEATED HERE. THE DISALLOWANCE OF YOUR CLAIM WAS BASED ON AN ADMINISTRATIVE REPORT FROM THE AGENCY FOR INTERNATIONAL DEVELOPMENT. THE FILE SHOWS THAT WHILE YOU WERE ON TEMPORARY DUTY IN SAUDI ARABIA YOU RECEIVED PER DIEM, AND THAT YOUR WIFE REMAINED IN THE UNITED STATES.

SECTION 262 OF THE STANDARDIZED REGULATIONS DATED MARCH 14, 1957, PROVIDES THAT A SEPARATION ALLOWANCE MAY BE GRANTED TO AN EMPLOYEE WHENEVER THE HEAD OF AN AGENCY DETERMINES THAT THE EMPLOYEE IS COMPELLED TO MAINTAIN ANY OR ALL MEMBERS OF HIS FAMILY ELSEWHERE THAN IN THE COUNTRY OF HIS ASSIGNMENT BECAUSE OF THE EXISTENCE AT HIS POST OF DANGEROUS LIVING CONDITIONS OR NOTABLY UNHEALTHFUL CONDITIONS. SINCE THERE IS NOTHING OF RECORD TO SHOW THAT A DETERMINATION WAS MADE BY THE HEAD OF THE AGENCY THAT YOU WERE ENTITLED TO SEPARATION ALLOWANCE WHILE YOU WERE IN SAUDI ARABIA YOU ARE PRECLUDED FROM RECEIVING SEPARATION ALLOWANCE. MOREOVER, WE FIND NOTHING IN THE REGULATIONS IN EFFECT AT THE TIME WHICH WOULD HAVE PERMITTED A DETERMINATION OF ENTITLEMENT TO A SEPARATION ALLOWANCE FOR A PERIOD OF TEMPORARY DUTY SUCH AS INVOLVED IN YOUR CASE.

CONCERNING THE PAYMENT OF A FOREIGN DIFFERENTIAL TO AN EMPLOYEE DETAILED TO A DIFFERENTIAL AREA WE NOTE THAT UNDER THE REGULATIONS IN EFFECT AT THE TIME OF YOUR DETAIL, AN EMPLOYEE WAS ENTITLED TO THE DIFFERENTIAL PRESCRIBED FOR HIS TEMPORARY FOREIGN POST IF HE WAS ASSIGNED THERE FOR 60 DAYS OR MORE.

SINCE YOUR TEMPORARY DUTY ASSIGNMENT IN SAUDI ARABIA, EN ROUTE FROM WASHINGTON, D.C., TO KARACHI, PAKISTAN, WAS FOR 90 DAYS WE CONCLUDE THAT YOU ARE ENTITLED TO THE FOREIGN POST DIFFERENTIAL.

THEREFORE, A SETTLEMENT IN YOUR FAVOR FOR THE DIFFERENTIAL SPECIFIED IN THE REGULATIONS WILL BE ISSUED IN DUE COURSE.