B-152252, SEP. 12, 1963

B-152252, SEP. 12, 1963

TO MRS. MARY C. ROBERTS, AUTHORIZED CERTIFYING OFFICER, AGENCY FOR INTERNATIONAL DEVELOPMENT:

ON AUGUST 9, 1963, YOU REQUESTED OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER IN FAVOR OF WILLIAM R. WALTERS FOR $3,527.50, CLAIMED AS EDUCATION ALLOWANCES FOR HIS 4 MINOR CHILDREN INCIDENT TO HIS SERVICE WITH THE AGENCY FOR INTERNATIONAL DEVELOPMENT,DEPARTMENT OF STATE.

PURSUANT TO HIS TRANSFER FROM PORT-AU-PRINCE, HAITI TO RECIFE, BRAZIL, MR. WALTERS ARRIVED IN RECIFE ON THURSDAY, NOVEMBER 8, 1962, AND DEPARTED THEREFROM ON ANNUAL LEAVE AT HIS OWN EXPENSE AT 3:15 P.M. ON SUNDAY, NOVEMBER 11. THE REASONS GIVEN ARE THAT THE EMPLOYEE WAS ILL ON ARRIVAL AT THE POST AND DESIRED A MEDICAL CHECKUP AND THAT HE WANTED TO PLACE HIS CHILDREN WITH RELATIVES AND ENROLL THEM IN SCHOOL IN THE UNITED STATES AS HE DEEMED THE SCHOOL FACILITIES AT THE POST TO BE INADEQUATE. MRS. WALTERS AND THE CHILDREN DID NOT ACCOMPANY THE EMPLOYEE TO THE NEW POST BUT RETURNED TO THE UNITED STATES.

IN APPROVING MR. WALTERS' REQUEST FOR PERMISSION TO LEAVE THE POST AT RECIFE AT HIS OWN EXPENSE THE MISSION DIRECTOR AUTHORIZED THREE DAYS CONSULTATION IN WASHINGTON. UPON THE BASIS OF THE MEDICAL TESTS THE EMPLOYEE WAS FOUND TO BE MEDICALLY DISQUALIFIED TO RETURN TO RECIFE, AND THE POST WAS SO ADVISED BY CABLE ON NOVEMBER 30, 1962. AT THAT TIME THE POST WAS REQUESTED TO AUTHORIZE 30 DAYS CONSULTATION IN WASHINGTON WHICH APPARENTLY WAS DONE. FURTHER MEDICAL TESTS WERE MADE AND ON JANUARY 18, 1963, IT WAS ADMINISTRATIVELY DETERMINED THAT THE EMPLOYEE WAS DISQUALIFIED FOR MEDICAL REASONS FOR ANY OVERSEAS DUTY. IT IS INDICATED THAT MR. WALTERS WAS NOT OFFICIALLY NOTIFIED OF SUCH DETERMINATION UNTIL ON OR ABOUT MAY 5, 1963. MEANWHILE THE TEMPORARY DUTY AUTHORIZATIONS (CONSULTATION) WERE EXTENDED UNTIL THEY TOTALED SOME 120 DAYS. MR. WALTERS HAS BEEN PAID FOR SUCH DUTY PERIODS PLUS PER DIEM AT THE RATE OF $16 AS WELL AS HIS OWN TRAVEL EXPENSES FROM RECIFE AND THOSE OF HIS FAMILY FROM HAITI. APPLICATION FOR RETIREMENT FOR DISABILITY WAS MADE BY HIM AND WE ARE INFORMALLY ADVISED THAT IT WAS APPROVED ON AUGUST 12.

FROM THE APPLICATIONS SUBMITTED BY MR. WALTERS IT APPEARS THAT HIS 4 CHILDREN RANGING IN AGE FROM 8 TO 13 YEARS WERE ENROLLED IN THE PUBLIC SCHOOLS OF ANDERSON, SOUTH CAROLINA, ON NOVEMBER 19, 1962, AND REMAINED THERE IN SCHOOL UNTIL JUNE 1, 1963. WE UNDERSTAND THAT BOTH THE EMPLOYEE'S MOTHER AND HIS WIFE'S MOTHER RESIDE IN ANDERSON WHICH ALSO IS SHOWN BY THE RECORDS TO BE THE EMPLOYEE'S HOME OF RECORD FOR LEAVE PURPOSES AND WHICH IS SO CONSIDERED FOR SEPARATION PURPOSES. MR. WALTERS CLAIMS $25 PER WEEK PER CHILD FOR 30 WEEKS OR $3,000 FOR ROOM AND BOARD WHILE THE CHILDREN WERE RESIDING WITH THEIR MATERNAL GRANDMOTHER; ALSO, $60 FOR TUITION, $120 FOR BOOKS AND SUPPLIES, $172.50 FOR TRANSPORTATION, $25 FOR LABORATORY AND GYMNASIUM FEES AND $150 FOR LUNCHES, OR A TOTAL OF $3,527.50.

YOU SAY THE MATTER WAS REVIEWED BY THE APPROPRIATE OFFICIALS IN THE OFFICE OF PERSONNEL WHO FEEL THAT THE CLAIMANT WAS ENTITLED TO THE ALLOWANCE AS HE WAS STILL ASSIGNED TO RECIFE NOTWITHSTANDING THE FACT THAT HE WAS MEDICALLY DISQUALIFIED FROM RETURNING THERETO AND THAT THE POST WAS SO NOTIFIED ON NOVEMBER 30, 1962. HOWEVER, YOU INDICATE SOME DOUBT AS TO THE PROPRIETY OF THE PAYMENT BECAUSE MR. WALTERS WAS IN THE UNITED STATES THROUGHOUT THE ENTIRE PERIOD COVERED BY THE APPLICATION FOR THE ALLOWANCE AND WAS MEDICALLY DISQUALIFIED FOR RETURN TO THE POST AT RECIFE.

THE RECORD BEFORE US DOES NOT INCLUDE INFORMATION AS TO WHAT SPECIFIC EFFORTS WERE MADE BY AGENCY OFFICIALS AND THE EMPLOYEE BETWEEN NOVEMBER 30, 1962, AND MAY 1963 TO DETERMINE WHETHER HE WAS QUALIFIED TO RECEIVE ANOTHER OVERSEAS ASSIGNMENT. MOREOVER, THE RECORD CONTAINS NO DOCUMENTARY EVIDENCE ESTABLISHING THE DATE THE EMPLOYEE BECAME AWARE OF THE ADVERSE MEDICAL DETERMINATION OF JANUARY 18, 1963. THESE FACTORS ARE PERTINENT TO AN APPROPRIATE DETERMINATION AS TO THE PERIOD HE PROPERLY MAY BE CONSIDERED AS AN EMPLOYEE IN A FOREIGN AREA FOR PURPOSES OF AN EDUCATION ALLOWANCE.

ASIDE FROM THE QUESTION OF THE EMPLOYEE'S STATUS AS AN EMPLOYEE IN A FOREIGN AREA DURING THE PERIOD INVOLVED THERE IS FOR CONSIDERATION SECTION 276.2 OF THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS) WHICH PROHIBITS PAYMENT OF EDUCATION ALLOWANCE FOR A CHILD IN THE UNITED STATES WHO IS RESIDING WITH HIS FATHER OR MOTHER. AT ALL TIMES DURING THE PERIOD FOR WHICH THE ALLOWANCE IS CLAIMED THE EMPLOYEE, HIS WIFE AND HIS CHILDREN WERE IN THE UNITED STATES. DURING MOST OF SUCH PERIOD THE FATHER WAS IN A TEMPORARY DUTY STATUS IN WASHINGTON BUT NO REASON IS GIVEN AS TO WHY THE MOTHER LIVED APART FROM THE CHILDREN IF SUCH BE THE CASE.

NO RECEIPTS HAVE BEEN FURNISHED COVERING ANY OF THE ITEMS CLAIMED, MOREOVER, WE HAVE RESERVATIONS AS TO WHETHER THE ITEM FOR ROOM AND BOARD IS REASONABLE UNDER THE CIRCUMSTANCES AND WHETHER VARIOUS OTHER CHARGES ARE PROPER SINCE THE CHILDREN WERE ATTENDING THE PUBLIC SCHOOLS AT THE HOME OF RECORD OF THE EMPLOYEE. THEREFORE, ON THE PRESENT RECORD THE VOUCHER, WHICH IS ..END :