B-168202, DEC. 2, 1969

B-168202: Dec 2, 1969

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THE FACTS PERTAINING TO YOUR CLAIM WHICH ARE SET FORTH IN THE ABOVE CITED CLAIMS SETTLEMENT ACTION WILL ONLY BE REPEATED HERE TO THE EXTENT NECESSARY TO AFFORD RECONSIDERATION OF THE DISALLOWANCE ACTION. YOU WERE AUTHORIZED 30 DAYS TEMPORARY DUTY AT ELMENDORF AIR FORCE BASE TO UNDERGO MEDICAL TREATMENT THERE AND THEN RETURN TO YOUR PERMANENT DUTY STATION. THE SPECIAL ORDER AUTHORIZING YOUR TEMPORARY DUTY STATED THAT TRAVEL WAS TO BE PERFORMED AT NO EXPENSE TO THE GOVERNMENT. DURING YOUR TEMPORARY DUTY AT ELMENDORF YOU WERE UNDER TREATMENT FOR HIGH BLOOD PRESSURE AND GOUT AND THE DOCTOR AT THE AIR FORCE BASE RECOMMENDED THAT FOR THE TIME BEING YOU SHOULD NOT BE EMPLOYED AT A REMOTE SITE. THE ALLOWANCES INCIDENT TO YOUR PERMANENT CHANGE OF STATION BACK TO THE UNITED STATES HAVE BEEN PAID BY THE AIR FORCE.

B-168202, DEC. 2, 1969

TO MR. RALPH C. SCHIALDONE:

YOUR LETTER OF OCTOBER 6, 1969, IN EFFECT REQUESTS RECONSIDERATION OF OUR SETTLEMENT ACTION OF SEPTEMBER 26, 1969, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF PER DIEM AND TRAVEL EXPENSES COVERING THE PERIOD FROM APRIL 21 THROUGH JUNE 10, 1968, AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.

THE FACTS PERTAINING TO YOUR CLAIM WHICH ARE SET FORTH IN THE ABOVE CITED CLAIMS SETTLEMENT ACTION WILL ONLY BE REPEATED HERE TO THE EXTENT NECESSARY TO AFFORD RECONSIDERATION OF THE DISALLOWANCE ACTION.

IN SUMMARY THE RECORD SHOWS THAT WHILE STATIONED IN TIN CITY, ALASKA, UPON YOUR REQUEST, YOU WERE AUTHORIZED 30 DAYS TEMPORARY DUTY AT ELMENDORF AIR FORCE BASE TO UNDERGO MEDICAL TREATMENT THERE AND THEN RETURN TO YOUR PERMANENT DUTY STATION. THE SPECIAL ORDER AUTHORIZING YOUR TEMPORARY DUTY STATED THAT TRAVEL WAS TO BE PERFORMED AT NO EXPENSE TO THE GOVERNMENT.

YOU ARRIVED AT ELMENDORF ON APRIL 22 AND REMAINED THERE UNTIL JUNE 11, 1968, WHEN, ON PERMANENT CHANGE OF STATION ORDERS, YOU RETURNED TO NORTON AIR FORCE BASE. DURING YOUR TEMPORARY DUTY AT ELMENDORF YOU WERE UNDER TREATMENT FOR HIGH BLOOD PRESSURE AND GOUT AND THE DOCTOR AT THE AIR FORCE BASE RECOMMENDED THAT FOR THE TIME BEING YOU SHOULD NOT BE EMPLOYED AT A REMOTE SITE, SUCH AS TIN CITY, BECAUSE OF THE NECESSITY OF RATHER FREQUENT MEDICATION. THE ALLOWANCES INCIDENT TO YOUR PERMANENT CHANGE OF STATION BACK TO THE UNITED STATES HAVE BEEN PAID BY THE AIR FORCE.

FROM THE RECORD BEFORE US IT APPEARS THAT YOUR TRAVEL FROM TIN CITY TO ELMENDORF AIR FORCE BASE AND YOUR STAY AT ELMENDORF WAS PRIMARILY FOR THE PURPOSE OF MEDICAL TREATMENT RATHER THAN OFFICIAL BUSINESS. APPARENTLY, WORK WAS PROVIDED FOR YOU AT ELMENDORF WHICH MINIMIZED THE TAKING OF SICK LEAVE OR LEAVE WITHOUT PAY.

ALTHOUGH CERTAIN SPECIFIC STATUTORY AUTHORITIES SUCH AS 22 U.S.C. 1157 (A) PERTAINING TO FOREIGN SERVICE PERSONNEL AUTHORIZE PAYMENT OF TRAVEL FOR MEDICAL PURPOSES IN CERTAIN CASES, THERE IS IN THE ABSENCE OF SUCH AN AUTHORITY NO BASIS FOR SUCH PAYMENT. WE ARE UNAWARE OF ANY STATUTORY AUTHORITY APPLICABLE TO CIVILIAN EMPLOYEES OF THE DEPARTMENT OF THE AIR FORCE WHICH WOULD AUTHORIZE REIMBURSEMENT OF YOUR TRAVEL EXPENSES RELATED TO YOUR TRIP TO AND WHILE AT ELMENDORF.

IN VIEW OF THE FOREGOING WE CAN ONLY SUSTAIN OUR SETTLEMENT ACTION OF SEPTEMBER 26, 1969, WHICH DISALLOWED YOUR CLAIM.