B-173271, SEP 9, 1971

B-173271: Sep 9, 1971

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CLAIMANT'S TRAVEL AUTHORIZATION WAS SUBSEQUENTLY AMENDED TO PROVIDE FOR 15 DAYS CONSULTATION IN WASHINGTON. CLAIMANT WAS NOT NOTIFIED UNTIL JANUARY 1967 THAT HE WAS TRANSFERRED PERMANENTLY TO WASHINGTON. LANE DWINELL: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 10. CURRAN WAS STATIONED IN MONROVIA. WHEN HE WAS CONSIDERED FOR ASSIGNMENT TO YAOUNDE. ADVISED THE AMERICAN EMBASSY AT MONROVIA THAT IT WAS AUTHORIZED TO ISSUE A TRAVEL AUTHORIZATION FOR MR. CURRAN'S NEXT ASSIGNMENT HAD BECOME DOUBTFUL AND HE WAS TEMPORARILY ASSIGNED TO THE LIBERIAN DESK OF THE AFRICA BUREAU FROM SEPTEMBER 26. THEREAFTER HE WAS ASSIGNED TO THAT BUREAU'S OFFICE OF CAPITAL DEVELOPMENT AND FINANCE UNTIL DECEMBER 2.

B-173271, SEP 9, 1971

CIVILIAN EMPLOYEE - CHANGE OF STATION - PER DIEM DECISION ALLOWING AN AMENDMENT OF A TRAVEL AUTHORIZATION OF MR. THOMAS W. CURRAN, TO PROVIDE FOR PER DIEM FROM OCTOBER 11, 1966, TO DECEMBER 3, 1966. INCIDENT TO CLAIMANT'S PROPOSED TRANSFER FROM MONROVIA, LIBERIA, TO YAOUNDE, REPUBLIC OF THE CAMEROONS, HE REPORTED TO AGENCY HEADQUARTERS IN WASHINGTON, D.C., ON SEPTEMBER 26, 1966. CLAIMANT'S TRAVEL AUTHORIZATION WAS SUBSEQUENTLY AMENDED TO PROVIDE FOR 15 DAYS CONSULTATION IN WASHINGTON, COMMENCING SEPTEMBER 26, 1966. HOWEVER, CLAIMANT WAS NOT NOTIFIED UNTIL JANUARY 1967 THAT HE WAS TRANSFERRED PERMANENTLY TO WASHINGTON, D.C. EFFECTIVE DECEMBER 4, 1966. THEREFORE, THE TRAVEL AUTHORIZATION MAY BE FURTHER AMENDED TO PROVIDE FOR PER DIEM FROM OCTOBER 11 THROUGH DECEMBER 3, 1966.

TO MR. LANE DWINELL:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 10, 1971, REQUESTING OUR DECISION AS TO WHETHER THE TRAVEL AUTHORIZATION OF MR. THOMAS W. CURRAN, AN EMPLOYEE OF YOUR AGENCY, MAY BE AMENDED TO PROVIDE FOR PER DIEM FROM OCTOBER 11, 1966, TO DECEMBER 3, 1966, WHEN MR. CURRAN PERFORMED DUTY IN WASHINGTON, D.C., UNDER THE FOLLOWING CIRCUMSTANCES.

MR. CURRAN WAS STATIONED IN MONROVIA, LIBERIA, WHEN HE WAS CONSIDERED FOR ASSIGNMENT TO YAOUNDE, REPUBLIC OF THE CAMEROONS. AFTER VARIOUS COMMUNICATIONS REGARDING MR. CURRAN'S FLUENCY IN FRENCH THE DEPARTMENT OF STATE, BY CABLEGRAM DATED JULY 8, 1966, ADVISED THE AMERICAN EMBASSY AT MONROVIA THAT IT WAS AUTHORIZED TO ISSUE A TRAVEL AUTHORIZATION FOR MR. CURRAN'S TRAVEL TO THE UNITED STATES FOR HOME LEAVE AND TRANSFER TO YAOUNDE AND STATED THAT FRENCH TRAINING WOULD BE ARRANGED. TRAVEL AUTHORIZATION DATED JULY 22, 1966, PROVIDED FOR MR. CURRAN'S TRAVEL FROM MONROVIA, LIBERIA, TO WORCESTER, MASSACHUSETTS, VIA WASHINGTON, D.C., TO BEGIN ON OR ABOUT JULY 31, 1966, FOR THE PURPOSE OF HOME LEAVE AND TRANSFER. THE AUTHORIZATION PROVIDED FOR 2 DAYS OF CONSULTATION IN WASHINGTON BUT DID NOT DESIGNATE A NEW STATION.

FOLLOWING HIS HOME LEAVE MR. CURRAN REPORTED TO THE AGENCY HEADQUARTERS IN WASHINGTON ON SEPTEMBER 26, 1966. MR. CURRAN'S NEXT ASSIGNMENT HAD BECOME DOUBTFUL AND HE WAS TEMPORARILY ASSIGNED TO THE LIBERIAN DESK OF THE AFRICA BUREAU FROM SEPTEMBER 26, 1966, THROUGH APPROXIMATELY NOVEMBER 18, 1966. THEREAFTER HE WAS ASSIGNED TO THAT BUREAU'S OFFICE OF CAPITAL DEVELOPMENT AND FINANCE UNTIL DECEMBER 2, 1966, WITH NO ASSURANCE THAT THIS WAS A PERMANENT ASSIGNMENT.

ON NOVEMBER 29, 1966, A REQUEST WAS SUBMITTED FOR TRANSFER OF MR. CURRAN TO WASHINGTON EFFECTIVE DECEMBER 4, 1966, AND ON JANUARY 25, 1967, HE WAS INFORMED THAT HE WAS TRANSFERRED EFFECTIVE DECEMBER 4, 1966. MR. CURRAN'S TRAVEL AUTHORIZATION WAS AMENDED OCTOBER 10, 1966, TO PROVIDE FOR CONSULTATION FOR 15 DAYS IN WASHINGTON BEGINNING SEPTEMBER 26, 1966. LATER ON JANUARY 25, 1967, UPON APPROVAL OF HIS TRANSFER, HIS AUTHORIZATION WAS FURTHER AMENDED TO PROVIDE FOR THE SHIPMENT OF HIS HOUSEHOLD EFFECTS.

MR. CURRAN DID NOT FILE A VOUCHER WHICH WOULD HAVE COVERED THE PERIOD OF TIME FROM SEPTEMBER 26, 1966, TO DECEMBER 4, 1966, UNTIL JULY 7, 1967, AT WHICH TIME HE REMINDED THE AFRICA BUREAU'S PERSONNEL OFFICE OF THE NEED TO AMEND THE TRAVEL AUTHORIZATIONS TO COVER THE PERIOD OF TIME FROM OCTOBER 11, 1966, TO DECEMBER 3, 1966. A MEMORANDUM AND A PROPOSED MESSAGE TO THE AMERICAN EMBASSY AT MONROVIA TO AMEND THE TRAVEL AUTHORIZATION WAS PREPARED BUT NOT SENT. THE OFFICER WHOSE SIGNATURE WAS REQUIRED TO SEND THE MESSAGE DOES NOT, AT THIS LATE DATE, RECALL THE CIRCUMSTANCES FOR NOT HAVING SIGNED THE MESSAGE AT THAT TIME.

PARAGRAPH 156.1 OF THE FOREIGN AFFAIRS MANUAL, VOLUME 6, PROVIDES THAT PER DIEM IS PAYABLE ONLY WHEN AN EMPLOYEE IS AWAY FROM HIS PERMANENT DUTY STATION.

IT UNIFORMLY HAS BEEN HELD THAT WHEN A CIVILIAN EMPLOYEE IS PERMANENTLY TRANSFERRED TO A PLACE AT WHICH HE ALREADY IS ON DUTY UNDER COMPETENT ORDERS, THE TRANSFER IS EFFECTIVE UPON THE DATE HE RECEIVES NOTICE THEREOF. 23 COMP. GEN. 342, 343 (1943) AND DECISIONS CITED THEREIN. THE INSTANT CASE MR. CURRAN'S TRAVEL AUTHORIZATION OF JULY 21, 1966, STATED THE PURPOSE OF THE TRAVEL WAS FOR HOME LEAVE AND REASSIGNMENT BUT WITH NO NEW STATION DESIGNATED. HOWEVER, THE FILE TRANSMITTED BY YOU CONTAINS AN INCOMPLETE REQUEST FOR PERSONNEL ACTION TRANSFERRING HIM FROM MONROVIA TO YAOUNDE WHICH WAS SUBSEQUENTLY CANCELED. WHILE THE CANCELLATION DATE IS NOT INDICATED, THE REQUEST APPARENTLY WAS NOT CANCELED PRIOR TO JANUARY 12, 1967, SINCE A TELEGRAM OF THAT DATE STATES THAT MR. CURRAN'S PROPOSED TRANSFER TO WASHINGTON TO BECOME EFFECTIVE DECEMBER 4, 1966, HAD BEEN DELAYED AS IT REQUIRED THE DIRECTOR OF PERSONNEL'S APPROVAL.

IN VIEW OF THE ABOVE, IT APPEARS THAT MR. CURRAN WAS ON TEMPORARY DUTY IN WASHINGTON UNTIL DECEMBER 4, 1966, THE DATE HIS TRANSFER THERETO WAS MADE EFFECTIVE. ACCORDINGLY, WE SHALL NOT OBJECT IF YOU AMEND MR. CURRAN'S TRAVEL AUTHORIZATION TO PROVIDE FOR PER DIEM FOR THE PERIOD FROM OCTOBER 11, 1966, THROUGH DECEMBER 3, 1966.