B-158657, APR. 20, 1966

B-158657: Apr 20, 1966

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THE ACTION OF THE DIRECTOR WAS BASED UPON HIS DETERMINATION THAT YOU WOULD NOT POSSESS THE PROPER COMPOSURE AND MENTAL ATTITUDE TO WARRANT HIS ALLOWING YOU TO PERFORM THE TEMPORARY DUTY WHICH YOU HAD BEEN ORDERED TO MCCHORD AIR FORCE BASE TO PERFORM. THERE IS NO SHOWING OF A MEDICAL DETERMINATION THAT YOU WERE UNABLE OR ANY LESS COMPETENT TO PERFORM THE DUTIES FOR WHICH YOU WERE TEMPORARILY ASSIGNED TO MCCHORD AIR FORCE BASE AS THE RESULT OF THE DEATH OF YOUR WIFE'S MOTHER AND BROTHER. THE DAY FOLLOWING THE SECOND FUNERAL WHICH WAS HELD ON MARCH 2. YOU RETURNED TO WORK AT ROBINS AIR FORCE BASE WHERE YOU PERFORMED THE SAME BASIC TYPE DUTIES YOU WOULD HAVE PERFORMED HAD YOU REMAINED AT MCCHORD AIR FORCE BASE.

B-158657, APR. 20, 1966

TO MR. BILLY C. ADAMS:

YOUR LETTER OF JANUARY 21, 1966, REQUESTS REVIEW OF OUR SETTLEMENT OF AUGUST 12, 1965, WHEREIN WE INSTRUCTED THE ACCOUNTING AND FINANCE CENTER OF THE AIR FORCE TO EFFECT COLLECTION OF THE COST OF YOUR RETURN TRAVEL FROM MCCHORD AIR FORCE BASE, WASHINGTON, TO ROBINS AIR FORCE BASE, GEORGIA.

ON FEBRUARY 27, 1965, THE DAY FOLLOWING YOUR ARRIVAL AT MCCHORD AIR FORCE BASE, FOR TEMPORARY DUTY FOR AN ESTIMATED PERIOD OF 30 DAYS, YOU RECEIVED NOTICE OF THE DEATH OF YOUR WIFE'S MOTHER AND BROTHER. THE DIRECTOR OF MAINTENANCE AT ROBINS AIR FORCE BASE, UPON BEING ADVISED OF THE TRAGEDY, DIRECTED THAT YOU RETURN TO ROBINS AIR FORCE BASE, AND PURSUANT TO SUCH INSTRUCTIONS YOU DEPARTED MCCHORD AIR FORCE BASE THAT SAME DAY (FEBRUARY 27, 1965).

THE ACTION OF THE DIRECTOR WAS BASED UPON HIS DETERMINATION THAT YOU WOULD NOT POSSESS THE PROPER COMPOSURE AND MENTAL ATTITUDE TO WARRANT HIS ALLOWING YOU TO PERFORM THE TEMPORARY DUTY WHICH YOU HAD BEEN ORDERED TO MCCHORD AIR FORCE BASE TO PERFORM--REMOVAL, MODIFICATION AND REINSTALLATION OF PROPELLERS ON ACTIVE C-124 AIRCRAFT- UNTIL SUCH TIME AS YOU SHOULD RETURN HOME TO DETERMINE THE CONDITION OF YOUR FAMILY. HOWEVER, THERE IS NO SHOWING OF A MEDICAL DETERMINATION THAT YOU WERE UNABLE OR ANY LESS COMPETENT TO PERFORM THE DUTIES FOR WHICH YOU WERE TEMPORARILY ASSIGNED TO MCCHORD AIR FORCE BASE AS THE RESULT OF THE DEATH OF YOUR WIFE'S MOTHER AND BROTHER. WE UNDERSTAND THAT ON TUESDAY, MARCH 3, THE DAY FOLLOWING THE SECOND FUNERAL WHICH WAS HELD ON MARCH 2, YOU RETURNED TO WORK AT ROBINS AIR FORCE BASE WHERE YOU PERFORMED THE SAME BASIC TYPE DUTIES YOU WOULD HAVE PERFORMED HAD YOU REMAINED AT MCCHORD AIR FORCE BASE.

IF YOU HAD TRAVELED HOME FROM MCCHORD AIR FORCE BASE IN A LEAVE STATUS TO ATTEND THE FUNERALS AND BE WITH YOUR FAMILY AND THEREAFTER HAD RETURNED TO MCCHORD AIR FORCE BASE TO RESUME YOUR TEMPORARY DUTY IT IS CLEAR THAT THERE WOULD HAVE BEEN NO AUTHORITY FOR THE GOVERNMENT TO PAY THE COST OF SUCH TRAVEL. MOREOVER, YOU DID NOT SUBSTANTIALLY COMPLETE THE DUTIES WHICH YOU WERE ASSIGNED TO MCCHORD AIR FORCE BASE TO PERFORM. RATHER, THE OTHER MEMBERS OF THE TEAM PERFORMED THE DUTIES YOU OTHERWISE WOULD HAVE PERFORMED HAD YOU COMPLETED YOUR ASSIGNMENT AT MCCHORD.

AFTER CAREFULLY CONSIDERING ALL THE CIRCUMSTANCES IT IS OUR VIEW THAT THE BASIC REASON FOR YOUR RETURN TO ROBINS AIR FORCE BASE WAS PERSONAL AND WE ARE NOT AWARE OF ANY PROPER BASIS UPON WHICH WE PROPERLY MAY MODIFY THE PREVIOUS ACTION TAKEN IN YOUR CASE. WHILE IT IS NOT WITHIN THE PROVINCE OF OUR OFFICE TO QUESTION THE ADMINISTRATIVE DETERMINATION THAT YOU DID NOT POSSESS THE PROPER COMPOSURE AND MENTAL ATTITUDE TO ALLOW YOU TO CONTINUE ON AT THE JOB AT MCCHORD, SUCH DETERMINATION IS SEPARATE AND APART AND, THEREFORE, NOT CONTROLLING UPON THE QUESTION OF YOUR ENTITLEMENT TO RETURN TRAVEL REIMBURSEMENT RIGHTS TO ROBINS AIR FORCE BASE. ACCORDINGLY, OUR SETTLEMENT OF AUGUST 12, 1965, IS SUSTAINED.