B-151159, MAY 12, 1964

B-151159, MAY 12, 1964

TO MR. NEAL J. PRICE, AUTHORIZED CERTIFYING OFFICER, OFFICE OF THE CONTROLLER, AGENCY FOR INTERNATIONAL DEVELOPMENT:

BY LETTER OF FEBRUARY 5, 1964 (FILE REFERENCE C/FRD/VEB:MA-4), THE OFFICE OF CHIEF, VOUCHER EXAMINATION BRANCH, FINANCIAL REVIEW DIVISION, OFFICE OF THE CONTROLLER, AGENCY FOR INTERNATIONAL DEVELOPMENT, FORWARDED HERE A LETTER DATED NOVEMBER 19, 1963, FROM MR. IRVING ROSENTHAL, REQUESTING RECONSIDERATION OF DECISION OF AUGUST 8, 1963, TO YOU, WHICH PRECLUDED THE ALLOWANCE OF HIS CLAIM FOR 56 1/2 DAYS PER DIEM FOR HIMSELF AND 2 DEPENDENTS COVERING A PERIOD OF DELAY IN OFFICIAL TRAVEL FROM ANKARA, TURKEY, TO ARLINGTON, VIRGINIA, OCCASIONED BY THE ILLNESS OF MR. ROSENTHAL.

ON FEBRUARY 25, 1964, WE REQUESTED AN ADDITIONAL REPORT IN MR. ROSENTHAL'S CASE FROM YOUR AGENCY AND IN REPLY TO SUCH REQUEST WE RECEIVED A LETTER DATED APRIL 20, 1964, FROM THE CHIEF, VOUCHER EXAMINATION BRANCH (REFERENCE C/FRD/VEB-4-MA), STATING THAT---

"WE NOW FIND THAT SINCE MR. ROSENTHAL DID NOT ACTUALLY SEPARATE FROM THE FEDERAL SERVICE, BUT WAS TRANSFERRED FROM THE FOREIGN SERVICE TO THE CIVIL SERVICE, THE AUTHORIZATION OF ANNUAL LEAVE EN ROUTE TO THE UNITED STATES WAS PROPER, AND THE PROVISIONS OF THE LUMP SUM PAYMENT ACT WOULD NOT BE APPLICABLE IN HIS CASE.

"NEVERTHELESS, IT APPEARS THAT THE APPROVAL OF ANNUAL LEAVE IS NOT THE BASIS FOR DENIAL OF PER DIEM FOR THE PERIOD IN QUESTION. OUR REGULATIONS, CONSISTENT WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND DECISIONS OF THE COMPTROLLER GENERAL, PROVIDE THAT WHERE FOR A TRAVELER'S PERSONAL CONVENIENCE OR THROUGH THE TAKING OF LEAVE THERE IS INTERRUPTION OF TRAVEL OR DEVIATION FROM THE DIRECT ROUTE, THE PER DIEM IN LIEU OF SUBSISTENCE ALLOWED WILL NOT EXCEED THAT WHICH WOULD HAVE BEEN INCURRED ON UNINTERRUPTED TRAVEL BY A USUALLY TRAVELED ROUTE.

"ACCORDING TO OUR COMPUTATION OF ALLOWABLE TRANSIT TIME ON THE BASIS OF UNINTERRUPTED TRAVEL, MR. ROSENTHAL'S TRAVEL COULD HAVE BEEN COMPLETED ON NOVEMBER 27, 1962, AT 10:15 P.M. WHICH WAS SEVERAL DAYS BEFORE HE BECAME ILL.

"IT IS THE OPINION OF THIS AGENCY THAT THE CONTROLLER GENERAL'S RULING IN THIS CASE SHOULD BE SUSTAINED INASMUCH AS WE SEE NO BASIS FOR TREATING THIS CASE AS AN EXCEPTION. FURTHERMORE, WITH RESPECT TO MR. ROSENTHAL'S CLAIM FOR PER DIEM FOR DEPENDENTS DURING HIS DELAY IN NEW YORK, IT IS OUR VIEW THAT SUCH PAYMENT WOULD NOT BE PROPER EVEN IF HE HAD ESTABLISHED HIS ELIGIBILITY FOR PER DIEM DURING SICK LEAVE BY HAVING PERFORMED DIRECT UNINTERRUPTED TRAVEL * * *"

THE ADVANCE AUTHORIZATION FOR MR. ROSENTHAL TO TAKE ANNUAL LEAVE ENROUTE IS TANTAMOUNT TO AN AUTHORIZATION TO DELAY OR INTERRUPT OFFICIAL TRAVEL FOR THE PERIOD OF SUCH LEAVE. WHILE NO PER DIEM WOULD BE PAYABLE FOR THE LEAVE PERIOD, THE PER DIEM RIGHTS OF THE TRAVELER INCIDENT TO THE REMAINING PORTION OF THE OFFICIAL TRAVEL, OCCURRING AFTER RESUMPTION OF TRAVEL STATUS, SHOULD BE DETERMINED AS THOUGH NO DELAY OR INTERRUPTION IN THE TRAVEL STATUS FOR THE PURPOSE OF TAKING LEAVE HAD OCCURRED. THIS VIEW APPEARS CONSISTENT WITH THE WORDING OF THE FOREIGN AFFAIRS MANUAL, SECTIONS 137.1 AND 137.2, APPLICABLE DURING THE PERIOD INVOLVED, WHICH ARE TO THE EFFECT THAT A DELAY AUTHORIZED IN THE TRAVEL AUTHORIZATION NEED NOT BE REGARDED AS DELAY FOR THE PERSONAL CONVENIENCE OF THE TRAVELER. FURTHERMORE, THERE IS PRESENT IN THIS CASE THE "ASSUMPTION" OF THE ONSET OF THE ILLNESS "BY DATE ONLY.' THERE MAY BE OTHER FACTORS WHICH COULD CAUSE A VARIATION IN THAT REGARD.

APPLYING THE FOREGOING TO MR. ROSENTHAL'S CASE OUR OPINION IS THAT UNDER SECTION 6.15 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS (DERIVED FROM 5 U.S.C. 836) WHICH, DURING THE PERIOD INVOLVED, WAS INCORPORATED INTO THE UNIFORM STATE/USIA FOREIGN SERVICE TRAVEL REGULATIONS, MR. ROSENTHAL WOULD BE ENTITLED ON HIS OWN ACCOUNT TO CONTINUATION OF PER DIEM FOR A MINIMUM PERIOD OF 14 CALENDAR DAYS FOLLOWING THE INTERRUPTION IN THE TRAVEL DUE TO HIS ILLNESS, AND TO SUCH LONGER PERIOD AS MAY BE ADMINISTRATIVELY APPROVED. HOWEVER, THERE IS NO AUTHORITY OF LAW WHICH WOULD AUTHORIZE THE CONTINUATION OF PER DIEM FOR THE DEPENDENTS OF MR. ROSENTHAL INCIDENT TO HIS ILLNESS.

ACCORDINGLY, OUR DECISION OF AUGUST 8, 1963, IS MODIFIED TO THE EXTENT THAT MR. ROSENTHAL SHOULD BE PAID PER DIEM FOR AT LEAST 14 ADDITIONAL CALENDAR DAYS AND SUCH LONGER PERIOD--- NOT IN EXCESS OF THE DELAY ON ACCOUNT OF ILLNESS--- AS MAY WITHIN YOUR AGENCY'S DISCRETION, BE ADMINISTRATIVELY APPROVED.