B-165950, FEB. 18, 1969

B-165950: Feb 18, 1969

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WHICH WAS EFFECTIVE OCTOBER 9. MEDICAL EXAMINATIONS WERE PERFORMED AT THE MEDICAL DIVISION. AS A RESULT OF THESE EXAMINATIONS SHE WAS ADMITTED TO BETHESDA NAVAL HOSPITAL FOR A PERIOD OF THREE WEEKS. EXAMINATIONS WERE SCHEDULED FOR JANUARY 3. SHE STILL WAS NOT GIVEN MEDICAL CLEARANCE TO RETURN TO DUTY. DURING THIS PERIOD SHE WAS ON SICK LEAVE RECOMMENDED BY STATE/MED THROUGH THE PERSONNEL DIVISION. MEDICAL CLEARANCE WAS NOT RECEIVED TO RETURN TO DUTY UNTIL JANUARY 30. FOREIGN AREAS) FOR THE PERIODS SHE WAS IN WASHINGTON INCIDENT TO MEDICAL EXAMINATION . IN THE CASE OF AN EMPLOYEE WHO IS AT HIS NEW POST BUT HAS NOT ENTERED ON DUTY AS THE RESULT OF MEDICAL TREATMENT. APPARENTLY THE EFFECTIVE DATE OF MISS GASPERINI'S TRANSFER WAS OCTOBER 9.

B-165950, FEB. 18, 1969

TO MISS SALLY N. CROSS:

WE REFER TO YOUR LETTER OF JANUARY 13, 1969, BY WHICH YOU REQUEST OUR ADVANCE DECISION WHETHER MISS LORRAINE M. GASPERINI, AN EMPLOYEE OF THE FOREIGN AGRICULTURAL SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE, MAY BE PAID CERTAIN ADDITIONAL AMOUNTS INCIDENT TO HER TRANSFER FROM SANTO DOMINGO, DOMINICAN REPUBLIC, TO WASHINGTON, D.C., WHICH WAS EFFECTIVE OCTOBER 9, 1967.

YOU STATE THE FACTS INVOLVED AS FOLLOWS:

"MISS GASPERINI TRAVELED FROM SANTO DOMINGO, DOMINICAN REPUBLIC TO WASHINGTON, D.C. ON OCTOBER 9, 1967. MEDICAL EXAMINATIONS WERE PERFORMED AT THE MEDICAL DIVISION, STATE DEPARTMENT ON OCTOBER 10 AND 12. AS A RESULT OF THESE EXAMINATIONS SHE WAS ADMITTED TO BETHESDA NAVAL HOSPITAL FOR A PERIOD OF THREE WEEKS, OCTOBER 12 TO NOVEMBER 2, 1967. AFTER LEAVING THE HOSPITAL STATE/MED INDICATED A PERIOD OF REST, FOLLOWED BY ADDITIONAL EXAMINATIONS, WOULD BE NEEDED BEFORE MEDICAL CLEARANCE COULD BE GIVEN FOR MISS GASPERINI TO RETURN TO DUTY AT WASHINGTON OR DUTY AT A FOREIGN POST. EXAMINATIONS WERE SCHEDULED FOR JANUARY 3, 1968. JANUARY 5, 1968, AT THE COMPLETION OF THESE EXAMINATIONS, SHE STILL WAS NOT GIVEN MEDICAL CLEARANCE TO RETURN TO DUTY. AT THIS TIME THE PERSONNEL DIVISION OF THE FOREIGN AGRICULTURAL SERVICE AGREED TO MISS GASPERINI RETURNING TO HER HOME (DERBY, CONNECTICUT) AND AWAITING MEDICAL CLEARANCE. DURING THIS PERIOD SHE WAS ON SICK LEAVE RECOMMENDED BY STATE/MED THROUGH THE PERSONNEL DIVISION, FAS. MEDICAL CLEARANCE WAS NOT RECEIVED TO RETURN TO DUTY UNTIL JANUARY 30, 1968. SHE THEN REQUESTED A RETURN DATE TO DUTY OF FEBRUARY 12, WITH THE TIME FROM JANUARY 30 TO FEBRUARY 12, 1968 TO BE TAKEN AS ANNUAL LEAVE.'

MISS GASPERINI CLAIMS $61.75 AS THE TEMPORARY LODGING PORTION OF THE HOME SERVICE TRANSFER ALLOWANCE AS AUTHORIZED IN SECTION 252.2 OF THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS) FOR THE PERIODS SHE WAS IN WASHINGTON INCIDENT TO MEDICAL EXAMINATION -- EXCLUDING THE PERIOD OF HOSPITALIZATION -- AND FOR SEVERAL DAYS INCIDENT TO HER RETURN TO DUTY ON FEBRUARY 12, 1968. WE DO NOT QUESTION THE VALIDITY OF THE CERTIFICATION OF APRIL 11, 1968, THAT MISS GASPERINI WOULD BE RETURNED TO DUTY AT A FOREIGN POST AFTER HER TOUR OF DUTY IN WASHINGTON FOR THE PURPOSES OF SECTION 251.1B OF THE STANDARDIZED REGULATIONS. HOWEVER, SECTION 252.21 OF THOSE REGULATIONS PROVIDES THAT THE ALLOWANCE IN QUESTION MAY BE PAID ONLY WITHIN A TIME LIMIT OF 30 DAYS BEFORE AND 30 DAYS AFTER THE EMPLOYEE'S ENTRANCE ON DUTY PURSUANT TO TRANSFER OR, IN THE CASE OF AN EMPLOYEE WHO IS AT HIS NEW POST BUT HAS NOT ENTERED ON DUTY AS THE RESULT OF MEDICAL TREATMENT, WITHIN 30 DAYS PRIOR TO AND 30 DAYS AFTER THE EFFECTIVE DATE OF TRANSFER. APPARENTLY THE EFFECTIVE DATE OF MISS GASPERINI'S TRANSFER WAS OCTOBER 9, 1967. ACCORDINGLY, SHE WOULD BE ELIGIBLE FOR PAYMENT OF THE TEMPORARY LODGING PORTION FOR THE PERIOD SHE OCCUPIED TEMPORARY QUARTERS IN OCTOBER 1967 BUT NOT IN JANUARY AND FEBRUARY 1968. IN THAT CONNECTION, WE NOTE THAT THE PAPERS FORWARDED WITH YOUR LETTER DO NOT INCLUDE EVIDENCE THAT MISS GASPERINI HAS COMPLIED WITH THE REQUIREMENTS OF SECTION 252.24 WITH REGARD TO THE CERTIFICATION OF ACTUAL COSTS.

MISS GASPERINI ALSO CLAIMS REIMBURSEMENT FOR ADDITIONAL STORAGE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM JANUARY 10 TO FEBRUARY 21, 1968, AND THE COST OF TRANSPORTING SUCH GOODS AND EFFECTS TO HER HOME IN DERBY. SECTION 175 OF THE FOREIGN SERVICE TRAVEL REGULATIONS (6 FAM 175) AUTHORIZES TEMPORARY STORAGE FOR NOT TO EXCEED 3 MONTHS FROM THE DATE OF ARRIVAL AT THE NEW POST. THE FOREIGN AGRICULTURAL SERVICE COULD AUTHORIZE PAYMENT OF TEMPORARY STORAGE COSTS TO JANUARY 9, 1968, UNDER THAT PROVISION. WHILE AN EXTENSION OF TEMPORARY STORAGE MAY BE AUTHORIZED UNDER CERTAIN CIRCUMSTANCES AS PROVIDED IN SECTION 176 OF THE REGULATIONS, WE ASSUME THAT NO EXTENSION WAS AUTHORIZED BECAUSE THE EMPLOYEE DID NOT MEET THE CRITERIA SPECIFIED THEREIN. FURTHER, SECTION 125.5 OF THE FOREIGN SERVICE TRAVEL REGULATIONS DOES NOT AUTHORIZE SHIPMENT OF HOUSEHOLD GOODS TO A PLACE BEYOND THE EMPLOYEE'S NEW DUTY STATION EXCEPT WHERE NECESSARY FOR AUTHORIZED NONTEMPORARY STORAGE.

FOR THE REASONS STATED, MISS GASPERINI MAY BE PAID THE TEMPORARY LODGING PORTION OF THE HOME SERVICE TRANSFER ALLOWANCE TO THE EXTENT AUTHORIZED FOR OCTOBER 9-12, 1967, AND, IF APPROVED IN THE CIRCUMSTANCES OF THIS CASE, THE COSTS SHE INCURRED FOR STORAGE BETWEEN DECEMBER 31, 1967 AND JANUARY 9, 1968 (NOT SHOWN IN PRESENT RECORD).

THE VOUCHER IS RETURNED HEREWITH TOGETHER WITH SUPPORTING PAPERS FOR HANDLING IN ACCORDANCE WITH THE ABOVE.