B-170177, JUN 2, 1971

B-170177: Jun 2, 1971

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IS AN ADMINISTRATIVE DECISION WITH WHICH GAO WILL NOT INTERFERE. GOECKER: THIS WILL REFER TO YOUR LETTER OF JANUARY 26. YOU NOW STATE THAT DURING YOUR PERIOD OF RENEWAL AGREEMENT TRAVEL IN 1967 YOUR HOME LEAVE DESTINATION WAS ACTUALLY SOME UNDESIGNATED LOCATION OTHER THAN SACRAMENTO. YOU FURTHER INDICATE THAT YOUR REASON FOR BEING IN SACRAMENTO WAS FOR THE PURPOSE OF MAKING YOURSELF AVAILABLE FOR A PORT CALL FOR RETURN TRANSPORTATION TO YOUR OVERSEAS DUTY STATION WHICH YOU HAD REQUESTED FOR JUNE 1 BUT WHICH WAS NOT AVAILABLE UNTIL JUNE 8. WE FIND NOTHING IN THE RECORD OTHER THAN YOUR LETTER TO INDICATE THAT ANY LOCATION EXCEPT SACRAMENTO WAS YOUR HOME LEAVE STATION. YOU GROUND YOUR CLAIM ON THE FAILURE OF THE GOVERNMENT TO PROVIDE THE FORM OF TRANSPORTATION (GOVERNMENT-OWNED OR CONTROLLED AIRCRAFT) TO WHICH YOU WERE LIMITED AT THE TIME YOU REQUESTED IT.

B-170177, JUN 2, 1971

CIVILIAN EMPLOYEE - CLAIM FOR PER DIEM REGARDING CLAIM FOR PER DIEM AND RECREDIT OF ANNUAL LEAVE, THE NEW INFORMATION PROVIDED DOES NOT ALTER PREVIOUS DECISION DENYING CLAIM. TO WHETHER OR NOT THE ONE DAY AT ISSUE SHOULD OR SHOULD NOT BE CREDITED AS LEAVE, IS AN ADMINISTRATIVE DECISION WITH WHICH GAO WILL NOT INTERFERE.

TO MR. WESLEY L. GOECKER:

THIS WILL REFER TO YOUR LETTER OF JANUARY 26, 1971, RESPONDING TO OUR DECISION OF SEPTEMBER 2, 1970, AND PRESENTING ADDITIONAL INFORMATION IN SUPPORT OF YOUR CLAIM FOR PER DIEM AND RECREDIT OF ANNUAL LEAVE FOR THE PERIOD JUNE 1 TO JUNE 8, 1967, WHICH YOU SPENT AWAITING RETURN TRANSPORTATION TO YOUR OVERSEAS DUTY STATION IN JAPAN.

YOU NOW STATE THAT DURING YOUR PERIOD OF RENEWAL AGREEMENT TRAVEL IN 1967 YOUR HOME LEAVE DESTINATION WAS ACTUALLY SOME UNDESIGNATED LOCATION OTHER THAN SACRAMENTO, CALIFORNIA, THE DESTINATION AUTHORIZED IN YOUR TRAVEL ORDER. YOU FURTHER INDICATE THAT YOUR REASON FOR BEING IN SACRAMENTO WAS FOR THE PURPOSE OF MAKING YOURSELF AVAILABLE FOR A PORT CALL FOR RETURN TRANSPORTATION TO YOUR OVERSEAS DUTY STATION WHICH YOU HAD REQUESTED FOR JUNE 1 BUT WHICH WAS NOT AVAILABLE UNTIL JUNE 8. WE FIND NOTHING IN THE RECORD OTHER THAN YOUR LETTER TO INDICATE THAT ANY LOCATION EXCEPT SACRAMENTO WAS YOUR HOME LEAVE STATION. IN ANY EVENT, THE ACTUAL LOCATION OF THAT STATION DOES NOT AFFECT OUR DECISION AS TO YOUR ENTITLEMENT TO PER DIEM AND RECREDIT OF LEAVE DURING THE PERIOD IN QUESTION.

BASICALLY, YOU GROUND YOUR CLAIM ON THE FAILURE OF THE GOVERNMENT TO PROVIDE THE FORM OF TRANSPORTATION (GOVERNMENT-OWNED OR CONTROLLED AIRCRAFT) TO WHICH YOU WERE LIMITED AT THE TIME YOU REQUESTED IT. ALSO, YOU FEEL TRANSPORTATION AND CIVILIAN PERSONNEL OFFICERS OF THE DEPARTMENT OF THE ARMY WERE AT FAULT IN MISINFORMING YOU AS TO THE POSSIBILITY OF OBTAINING AN EARLIER FLIGHT FROM TRAVIS AIR FORCE BASE ON A SPACE AVAILABLE BASIS AND IN FAILING TO RESPOND TO YOUR ATTEMPTS TO SECURE EARLIER TRANSPORTATION VIA A "CATEGORY Z" FLIGHT.

WE FIND NO BASIS IN THESE ADDITIONAL FACTS AND ARGUMENTS TO CHANGE OUR DECISION OF SEPTEMBER 2, 1970, THAT THE LIMIT OF YOUR ENTITLEMENT TO PER DIEM, IN ADDITION TO THAT ORIGINALLY ALLOWED, WAS THREE QUARTERS OF A DAY OR FROM NOON JUNE 7 THROUGH THE FIRST QUARTER OF JUNE 8.

WITH RESPECT TO YOUR RENEWED REQUEST FOR RECREDIT OF LEAVE, WE FIND NOTHING IN THE RECORD TO INDICATE THE NUMBER OF HOURS OF LEAVE YOU WERE ACTUALLY CHARGED DURING THE PERIOD JUNE 1 TO JUNE 8.

PARAGRAPH 1 OF YOUR TRAVEL ORDERS AUTHORIZED 30 CALENDAR DAYS LEAVE. PARAGRAPH 7 OF THE ORDERS SPECIFICALLY PROVIDED THAT: (1) YOU WOULD BE CARRIED IN A DUTY STATUS WHILE TRAVELING THROUGH THE DATE OF ARRIVAL AT DESTINATION AND FROM PLACE OF RENEWAL AGREEMENT TRAVEL EN ROUTE TO YOUR PERMANENT DUTY STATION; AND (2) LEAVE WOULD NOT BE CHARGED ON OR AFTER THE DATE TRAVEL BEGAN ON THE RETURN TRIP TO YOUR DUTY STATION.

WE HAVE CALCULATED THAT THE 30 CALENDAR DAYS LEAVE AUTHORIZED EXTENDED FROM MAY 7 THROUGH JUNE 5, INCLUSIVE. AS STATED IN OUR DECISION OF SEPTEMBER 2, 1970, YOUR RETURN TRAVEL FROM SACRAMENTO MAY PROPERLY BE CONSIDERED AS HAVING BEGUN ON JUNE 7, AND AFTER THAT TIME YOU WERE IN TRAVEL OR DUTY STATUS FOR THE DURATION OF THE RETURN JOURNEY. NOTING THAT JUNE 3 AND 4 WERE A SATURDAY AND SUNDAY, ASSUMED TO BE NONWORKDAYS, IT WOULD APPEAR THAT ANY ADDITIONAL CHARGE TO ANNUAL LEAVE WOULD BE LIMITED TO 1 DAY - JUNE 6 - THE DAY INTERVENING BETWEEN THE LAST DAY OF THE 30- CALENDAR-DAY PERIOD OF LEAVE AUTHORIZED AND THE DATE YOU RESUMED OFFICIAL DUTY STATUS. A DETERMINATION AS TO WHETHER A CHARGE TO LEAVE SHOULD BE MADE FOR THAT DAY IS AN ADMINISTRATIVE DECISION WITH WHICH THIS OFFICE WILL NOT INTERFERE.

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