B-160646, MAR. 10, 1967

B-160646: Mar 10, 1967

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

IN THE CONSIDERATION OF YOUR CLAIM IT WAS FOUND NECESSARY TO OBTAIN ADDITIONAL INFORMATION FROM THE DEPARTMENT OF THE AIR FORCE. IS SUMMARIZED IN YOUR LETTER OF MAY 1. DEPARTMENT OF THE AIR FORCE AS FOLLOWS: "/1) THE FACT THAT WE WERE CONFIDENT OF EMPLOYMENT AS CIVILIAN CONTRACT SERVICE PERSONNEL UNTIL TWO WEEKS BEFORE CIVIL SERVICE CONVERSION. "/2) WE WERE GIVEN A THREE-DAY PERIOD (JAN 14. THE CHOICE WAS TO ACCEPT AN EFFECTIVE $2. "IT IS MANIFESTLY IMPOSSIBLE TO CLEAR OUT OF THE EXTRAORDINARILY COMPLICATED TURKISH CUSTOMS WITHIN TWO WEEKS. MILITARY PERSONNEL HERE ARE GIVEN AT LEAST THIRTY DAYS IN WHICH TO SELL THEIR CARS. EVEN IF I HAD WANTED TO LEAVE UPON NOTICE OF CONVERSION I WOULD HAVE SPENT PERHAPS WEEKS HERE TRYING TO SETTLE MY AFFAIRS. "/3) THE SALARY FIGURE OFFERED TO ME AND UPON WHICH I BASED MY APPLICATION.

B-160646, MAR. 10, 1967

TO AMERICAN CONSULATE GENERAL:

WE REFER TO YOUR LETTER OF OCTOBER 4, 1966, WITH ENCLOSURES, TRANSMITTED HERE BY SENATOR EVERETT MCKINLEY DIRKSEN, CONCERNING YOUR CLAIM FOR REIMBURSEMENT OF TRAVEL AND TRANSPORTATION EXPENSES INCURRED BY YOU INCIDENT TO YOUR RESIGNATION FROM THE DEPARTMENT OF THE AIR FORCE AND YOUR RETURN TO THE UNITED STATES FROM IZMIR, TURKEY, ON JUNE 11, 1966.

IN THE CONSIDERATION OF YOUR CLAIM IT WAS FOUND NECESSARY TO OBTAIN ADDITIONAL INFORMATION FROM THE DEPARTMENT OF THE AIR FORCE. THAT INFORMATION NOW HAS BEEN RECEIVED.

THE BASIS OF YOUR CLAIM FOR REIMBURSEMENT OF TRAVEL AND TRANSPORTATION EXPENSES INCURRED IN TRAVELING FROM IZMIR, TURKEY, TO THE UNITED STATES ON JUNE 11, 1966, IS SUMMARIZED IN YOUR LETTER OF MAY 1, 1966, APPARENTLY ADDRESSED TO THE INSPECTOR GENERAL, DEPARTMENT OF THE AIR FORCE AS FOLLOWS:

"/1) THE FACT THAT WE WERE CONFIDENT OF EMPLOYMENT AS CIVILIAN CONTRACT SERVICE PERSONNEL UNTIL TWO WEEKS BEFORE CIVIL SERVICE CONVERSION.

"/2) WE WERE GIVEN A THREE-DAY PERIOD (JAN 14--17) IN WHICH TO DECIDE TO ACCEPT OR REJECT EMPLOYMENT. THE CHOICE WAS TO ACCEPT AN EFFECTIVE $2,500 SALARY CUT FOR DOING THE SAME JOB, OR LEAVE AND BE JOBLESS WITHIN TWO WEEKS, IN JANUARY.

"IT IS MANIFESTLY IMPOSSIBLE TO CLEAR OUT OF THE EXTRAORDINARILY COMPLICATED TURKISH CUSTOMS WITHIN TWO WEEKS. MILITARY PERSONNEL HERE ARE GIVEN AT LEAST THIRTY DAYS IN WHICH TO SELL THEIR CARS, BREAK THEIR HOME LEASES, SELL ALL OF THEIR FURNITURE, ARRANGE FOR PACKING AND SHIPPING OF HOUSEHOLD GOODS AND MULTITUDINOUS OTHER DETAILS. EVEN IF I HAD WANTED TO LEAVE UPON NOTICE OF CONVERSION I WOULD HAVE SPENT PERHAPS WEEKS HERE TRYING TO SETTLE MY AFFAIRS.

"/3) THE SALARY FIGURE OFFERED TO ME AND UPON WHICH I BASED MY APPLICATION, TURNED OUT TO BE AN ERROR. THE TELEGRAM RECEIVED HERE STATED THE FIGURE $6,929 PER ANNUM. TWENTY-SEVEN DAYS AFTER SUBMITTED THE SIGNED FORMS, MY INITIAL PAY CHECK NOTIFICATION LISTED MY SALARY AS $6,269--- A DIFFERENCE OF $700.00. JUSMMAT HEADQUARTERS IN ANKARA HAS SENT ME OFFICIAL PHOTOSTATS OF THE ORIGINAL TELEGRAM, WHICH I HAVE AS EVIDENCE.

"/4) THE "TRANSPORTATION AGREEMENT" WHICH IS SIGNED UNDER THE DURESS IMPOSED BY THE EXIGENCY OF THE CHAOTIC SITUATION HERE, DOES INDEED SPECIFY AT LEAST ONE YEAR OF SERVICE. HOWEVER, I HAVE COMPLETED ALMOST FOUR YEARS OF SERVICE HERE AND SHOULD MERIT RETURN TRANSPORTATION AT ANY TIME.'

ALSO, IN YOUR LETTER OF RESIGNATION DATED JUNE 8, 1966, EFFECTIVE JUNE 10, 1966, YOU SAY:

"PLEASE CONSIDER THIS AS NOTICE OF MY INTENTION TO RESIGN MY POSITION AS A LANGUAGE TRAINING INSTRUCTOR WITH THE LANGUAGE TRAINING DETACHMENT, IZMIR, TURKEY, EFFECTIVE UPON COMPLETION OF MY DUTIES ON JUNE 10, 1966.

"THE REASON FOR MY RESIGNATION IS THAT THE CHANGEOVER TO CIVIL SERVICE STATUS (GS-7) RESULTED IN A REDUCTION IN SALARY FROM AN EFFECTIVE $8400 PER ANNUM TO AN EFFECTIVE $5422 PER ANNUM. HAD THE POSITION BEEN RATED AS GS-9 INSTEAD OF GS-7, THERE IS A GOOD CHANCE THAT I WOULD HAVE REMAINED.

"IN SHORT, THE SALARY OF A GS-7 IS NOT, IN MY OPINION, SUFFICIENT COMPENSATION FOR THE SKILLS INVOLVED IN THE POSITION, NOR DOES IT REFLECT THE AMOUNT OF EXPERIENCE OR ACADEMIC BACKGROUND INVOLVED IN THE ACQUISITION OF THESE SKILLS.

"THE REASON FOR THE IMMEDIACY OF MY DEPARTURE IS THAT EMERGENCY FAMILY MATTERS, ACCEPTABLE TO MY MILITARY SUPERVISOR HERE, NECESSITATE MY ARRIVAL IN CONUS ON OR ABOUT 12 JUNE.

"THIS LETER IS FORWARDED IN ACCORDANCE WITH THE REQUEST CONTAINED IN LACKLAND MILITARY TRAINING CENTER MESSAGE TS-LS-CR 36122 OF 9 MAY 1966.'

IN BOTH LETTERS YOU REFER TO A REDUCTION IN COMPENSATION INCIDENT TO YOUR CONVERSION TO CIVIL SERVICE AS ONE MOTIVATION OF YOUR RESIGNATION. THE DEPARTMENT OF THE AIR FORCE INFORMS US THAT YOUR CORRECT BASIC SALARY IN STEP 1, GRADE GS-7, WAS $6,269 PER ANNUM. A QUARTERS ALLOWANCE OF $1,200 PER ANNUM ALSO WAS GRANTED YOU, THE AGGREGATE BEING $7,469 PER ANNUM. ARE UNABLE, HOWEVER, FROM THE INFORMATION FURNISHED TO ESTABLISH THE PRECISE RELATIVE SALARY AND ALLOWANCE SITUATION STEMMING FROM THE CONVERSION SO AS TO ASCERTAIN WHETHER A LOSS OCCURRED IN YOUR AGGREGATE PAY AND ALLOWANCES. IN ANY EVENT WHILE A COMPENSATION REDUCTION MIGHT BE AN ELEMENT FOR CONSIDERATION BY AN AGENCY OR BY OUR OFFICE IN DETERMINING WHETHER YOUR REASONS FOR BREACHING A TRANSPORTATION AGREEMENT WERE BEYOND YOUR CONTROL AND ACCEPTABLE, IT NEED NOT BE A CONTROLLING ONE.

THE REPORT OF THE DEPARTMENT OF THE AIR FORCE DISCLOSES FURTHER THAT PRIOR TO YOUR RESIGNATION ON JUNE 10, 1966, YOU HAD ARRANGED FOR EMPLOYMENT BY THE DEPARTMENT OF STATE AT IZMIR, TURKEY, AND WERE REQUIRED TO REPORT TO WASHINGTON, D.C., FOR TRAINING INCIDENT TO THAT EMPLOYMENT NOT LATER THAN JUNE 17, 1966.

IN THAT REGARD THE DEPARTMENT OF THE AIR FORCE REPORTS AS FOLLOWS:

"BY MESSAGE DATED 12 JUNE 1966 WE WERE ADVISED THAT MR. BUSBY HAD ACCEPTED A JOB IN IZMIR, TURKEY WITH THE STATE DEPARTMENT. IT APPEARS FROM THIS AND THE MESSAGE OF 10 JUNE 1966 FROM TURKEY, THAT MR. BUSBY WILL CONTINUE TO WORK IN IZMIR BUT HIS NEW POSITION REQUIRES HIM TO RETURN TO THE U.S. FOR TRAINING. WE DO NOT FEEL THAT THE U.S. AIR FORCE SHOULD BE REQUIRED TO PAY A PART OF THE TRANSPORTATION COSTS NECESSITATED BY THE STATE DEPARTMENT'S TRAINING PROGRAM.'

THE CONTROLLING STATUTORY PROVISIONS CONCERNING YOUR TRANSPORTATION ARE FOUND IN 5 U.S.C. 5722 WHICH READS, IN PART, AS FOLLOWS:

"/A) UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE AND SUBJECT TO SUBSECTIONS (B) AND (C) OF THIS SECTION, AN AGENCY MAY PAY FROM ITS APPROPRIATIONS---

"/2) THESE (TRAVEL) EXPENSES ON THE RETURN OF AN EMPLOYEE FROM HIS POST OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES TO THE PLACE OF HIS ACTUAL RESIDENCE AT THE TIME OF ASSIGNMENT TO DUTY OUTSIDE THE UNITED STATES.

"/C) AN AGENCY MAY PAY EXPENSES UNDER SUBSECTION (A) (2) OF THIS SECTION ONLY AFTER THE INDIVIDUAL HAS SERVED A MINIMUM PERIOD OF---

"/2) NOT LESS THAN ONE NOR MORE THAN 3 YEARS PRESCRIBED IN ADVANCE BY THE HEAD OF THE AGENCY * * *

UNLESS SEPARATED FOR REASONS BEYOND HIS CONTROL WHICH ARE ACCEPTABLE TO THE AGENCY CONCERNED. THESE EXPENSES ARE PAYABLE WHETHER THE SEPARATION IS FOR GOVERNMENT PURPOSES OR FOR PERSONAL CONVENIENCE.'

AS MAY BE OBSERVED FROM THE QUOTED LANGUAGE OF THE STATUTE THE BASIS FOR THE ASSUMPTION BY AN AGENCY OF THE UNITED STATES OF THE EXPENSES OF TRANSPORTATION OF AN EMPLOYEE, PRIOR TO THE COMPLETION OF HIS AGREED PERIOD OF SERVICE, IS CONFINED TO THE SITUATION WHERE THE EMPLOYEE IS ,SEPARATED FOR REASONS BEYOND HIS CONTROL WHICH ARE ACCEPTABLE TO THE AGENCY CONCERNED.'

THE ACCEPTABILITY OF THE REASONS FOR YOUR PREMATURE RESIGNATION PRIMARILY IS FOR DETERMINATION BY THE DEPARTMENT OF THE AIR FORCE AND ITS DETERMINATION IS REVIEWABLE BY OUR OFFICE ONLY IF THE FACTS ESTABLISH THAT IT IS ARBITRARY OR CAPRICIOUS.

YOUR LETTER OF RESIGNATION INDICATES THAT THERE WERE PERSONAL REASONS--- OTHER THAN YOUR EMPLOYMENT BY THE DEPARTMENT OF STATE--- FOR YOUR SUDDEN RETURN TO THE UNITED STATES. HOWEVER, THE DEPARTMENT OF THE AIR FORCE CONCLUDED ON ALL THE FACTS BEFORE IT--- WHICH ALSO WERE FURNISHED US--- THAT THE PRIMARY REASON FOR YOUR RESIGNATION IN CONTRAVENTION OF YOUR AGREEMENT WAS YOUR NEW EMPLOYMENT.

ON THE EVIDENCE OF RECORD WE CANNOT SAY THAT THE ADMINISTRATIVE CONCLUSION IS NOT REASONABLY SUPPORTED BY THE EVIDENCE OR THAT IT IS WITHOUT FACTUAL FOUNDATION. THEREFORE, WE MAY NOT SUBSTITUTE OUR JUDGMENT FOR THAT OF THE DEPARTMENT ON THE GROUND THAT ITS CONCLUSION WAS ARBITRARY OR CAPRICIOUS AND CONSEQUENTLY MAY NOT DIRECT THE ALLOWANCE OF YOUR CLAIM.

Sep 27, 2016

Sep 22, 2016

Sep 21, 2016

Sep 20, 2016

Looking for more? Browse all our products here