B-110034, MAY 29, 1957

B-110034: May 29, 1957

Additional Materials:

Contact:

Shirley Jones
(202) 512-8156
jonessa@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

YOUR CLAIM WAS DISALLOWED BY THE CLAIMS DIVISION OF OUR OFFICE BY CERTIFICATE OF SETTLEMENT DATED FEBRUARY 21. BECAUSE YOU WERE IN A LEAVE WITHOUT PAY STATUS DURING THE PERIOD IN QUESTION AND THERE IS NO AUTHORITY TO PAY COMPENSATION TO CIVILIAN EMPLOYEES WHO DO NOT RENDER SERVICE. LAND TRAVEL WAS AUTHORIZED FROM PORT OF EMBARKATION IN THE ZONE OF INTERIOR TO SANFORD. THE RECORDS SHOW THAT WHILE ON REEMPLOYMENT LEAVE AT YOUR HOME IN SANFORD YOUR ANNUAL LEAVE WAS EXHAUSTED ON SEPTEMBER 10. YOU WERE PLACED IN A LEAVE WITHOUT PAY STATUS. IT IS ALLEGED THAT DUE TO ADMINISTRATIVE CONFUSION OR NEGLIGENCE YOU FAILED TO RECEIVE A PORT CALL AND DECIDED TO REPORT TO SAN FRANCISCO WITHOUT A PORT CALL.

B-110034, MAY 29, 1957

TO MR. PHILIP R. MILES:

THIS REFERS TO YOUR LETTER OF MARCH 27, 1957, CONCERNING YOUR CLAIM FOR SALARY LOST IN CONNECTION WITH REEMPLOYMENT LEAVE GRANTED YOU AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE, 18TH FIGHTER BOMBER WING (FEAF), APO 239, SAN FRANCISCO, CALIFORNIA.

YOUR CLAIM WAS DISALLOWED BY THE CLAIMS DIVISION OF OUR OFFICE BY CERTIFICATE OF SETTLEMENT DATED FEBRUARY 21, 1957, BECAUSE YOU WERE IN A LEAVE WITHOUT PAY STATUS DURING THE PERIOD IN QUESTION AND THERE IS NO AUTHORITY TO PAY COMPENSATION TO CIVILIAN EMPLOYEES WHO DO NOT RENDER SERVICE.

LETTER ORDER 287 DATED MAY 10, 1955, AUTHORIZED YOU TO TRAVEL VIA A CIRCUITOUS ROUTE, AT NO EXPENSE TO THE GOVERNMENT, FROM OKINAWA TO SANFORD, FLORIDA, FOR APPROXIMATELY 46 DAYS ANNUAL LEAVE OR LEAVE WITHOUT PAY, AND RETURN TO OKINAWA. LAND TRAVEL WAS AUTHORIZED FROM PORT OF EMBARKATION IN THE ZONE OF INTERIOR TO SANFORD, AND RETURN TO THE PORT AT SAN FRANCISCO BY THE MOST ECONOMICAL ROUTE, PROVIDED COST TO THE GOVERNMENT DOES NOT EXCEED THAT OF TRAVEL BY A DIRECT ROUTE. THE ORDER ALSO PROVIDED THAT SALARY WOULD BE PAID FOR TRAVEL TIME REQUIRED TO RETURN TO DESTINATION BY MOST DIRECT ROUTE; THAT EXCESS LEAVE TIME WOULD BE CHARGED TO ACCRUED ANNUAL LEAVE AND/OR LEAVE WITHOUT PAY; AND THAT LEAVE WOULD BEGIN 18 DAYS AFTER DEPARTURE FROM OKINAWA BASED ON MOST DIRECT ROUTE FROM PORT OF EMBARKATION TO HOME ADDRESS, AND WOULD TERMINATE ON THE HOUR YOU DEPARTED FROM YOUR HOME ADDRESS AND ENTERED TRAVEL IN RETURNING.

THE RECORDS SHOW THAT WHILE ON REEMPLOYMENT LEAVE AT YOUR HOME IN SANFORD YOUR ANNUAL LEAVE WAS EXHAUSTED ON SEPTEMBER 10, 1955, AND YOU WERE PLACED IN A LEAVE WITHOUT PAY STATUS. ON SEPTEMBER 19, 1955, NOT HAVING RECEIVED A PORT CALL FROM THE SAN FRANCISCO PORT OF EMBARKATION TO REPORT FOR TRANSPORTATION TO YOUR OVERSEAS DUTY STATION YOU WROTE A LETTER TO THE CENTRAL CIVILIAN PERSONNEL OFFICE, APO 239, SAN FRANCISCO, CALIFORNIA, RELATIVE TO THE NONRECEIPT OF YOUR PORT CALL. IT IS ALLEGED THAT DUE TO ADMINISTRATIVE CONFUSION OR NEGLIGENCE YOU FAILED TO RECEIVE A PORT CALL AND DECIDED TO REPORT TO SAN FRANCISCO WITHOUT A PORT CALL. YOU LEFT SANFORD ON OCTOBER 8, 1955, TRAVELED TO LOUISVILLE, KENTUCKY, BY RAIL, STOPPING OFF THERE FOR PERSONAL REASONS. ON OCTOBER 12 YOU LEFT LOUISVILLE BY AIR FOR SAN FRANCISCO, ARRIVING THERE OCTOBER 13, 1955. IS YOUR CONTENTION THAT YOU SHOULD RECEIVE COMPENSATION FOR THE PERIOD WHILE YOU WERE ON LEAVE WITHOUT PAY, SINCE YOU DID NOT RECEIVE A PORT CALL THROUGH NO FAULT OF YOUR OWN.

APPROPRIATIONS FOR PERSONAL SERVICES ARE NOT AVAILABLE TO MAKE PAYMENT TO EMPLOYEES FOR PERIODS WHEN NO SERVICES ARE RENDERED EXCEPT PURSUANT TO SOME SPECIAL STATUTE. THERE IS NO LAW WITHIN THE KNOWLEDGE OF OUR OFFICE WHICH WOULD AUTHORIZE OR JUSTIFY THE PAYMENT TO YOU OF COMPENSATION FOR THE PERIOD IN QUESTION.

AS TO THE SECOND PART OF YOUR CLAIM FOR ONE DAY ADDITIONAL COMPENSATION ON YOUR RETURN TRIP YOU CONTEND SINCE YOUR ORDERS AUTHORIZED LAND TRAVEL FROM PORT OF EMBARKATION TO ZONE OF INTERIOR AND RETURN TO PORT OF DEBARKATION BY MOST ECONOMICAL ROUTE, YOU ARE ENTITLED TO THE CONSTRUCTIVE TRAVEL TIME IT WOULD TAKE TO MAKE THE JOURNEY FROM SANFORD TO SAN FRANCISCO BY TRAIN INSTEAD OF BY AIR. THE PHRASE "LAND TRAVEL" AS USED IN YOUR TRAVEL ORDER MEANS TRAVEL OVER LAND AS OPPOSED TO TRAVEL OVER WATER AND DOES NOT DESIGNATE A MODE OF TRAVEL. MOREOVER, SINCE YOU TRAVELED FROM SANFORD, FLORIDA, TO OKINAWA BY PLANE EXCEPT FROM SANFORD TO LOUISVILLE, KENTUCKY--- AND HAVE BEEN REIMBURSED SALARY FOR THE CONSTRUCTIVE DIRECT TRAVEL TIME BY PLANE FOR THE JOURNEY, NO ADDITIONAL SALARY IS DUE YOU FOR THE PERIOD IN QUESTION.

ACCORDINGLY, UPON REVIEW THE SETTLEMENT OF FEBRUARY 21 MUST BE AND IS SUSTAINED.

SINCE THE PAPERS TRANSMITTED WITH YOUR LETTER OF FEBRUARY 12, 1956, ARE A PART OF THE OFFICIAL RECORDS UPON WHICH THIS DECISION IS BASED, WE ARE REQUIRED TO RETAIN THEM IN OUR FILES. SEE 4 CFR 3. ..END :