B-142667, FEB. 16, 1961
Highlights
THAT YOUR PRESENCE IN MANILA AFTER JUNE 1958 WAS PRIMARILY TO BE WITH YOUR HUSBAND. WHO AFTER THAT DATE WAS STATIONED IN THE PHILIPPINES AS A MEMBER OF THE UNITED STATES AIR FORCE. FOREIGN AREAS) WHICH WAS QUOTED IN OUR DECISION OF MAY 27. GRILLO'S HUSBAND WAS IN THE PHILIPPINES. HER PRESENCE IN THAT AREA WAS PRIMARILY TO BE WITH HER MILITARY SPONSOR AND NOT PRIMARILY FOR THE CONVENIENCE OF THE GOVERNMENT. * * * "IT IS RECOMMENDED THAT THE DETERMINATION OF INELIGIBILITY AND THE COLLECTION ACTION BE SUSTAINED.'.
B-142667, FEB. 16, 1961
TO MRS. VERYL B. GRILLO:
ON OCTOBER 5, 1960, YOU REQUESTED REVIEW OF OUR DECISION B-142667, MAY 27, 1960, IN WHICH WE ADVISED YOU THAT OUR OFFICE COULD INTERPOSE NO OBJECTION TO THE ACTION TAKEN BY THE DEPARTMENT OF THE AIR FORCE IN DEMANDING REPAYMENT OF $662.17 FROM YOU, THE AMOUNT WHICH YOU RECEIVED AS FOREIGN POST DIFFERENTIAL BETWEEN JUNE 1958 AND MAY 1959 INCIDENT TO YOUR EMPLOYMENT BY THAT DEPARTMENT IN MANILA, PHILIPPINES.
THAT DECISION RESULTED FROM A DETERMINATION BY THE DEPARTMENT OF THE AIR FORCE, AFFIRMED IN ITS REPORT OF MAY 12, 1960, TO US, THAT YOUR PRESENCE IN MANILA AFTER JUNE 1958 WAS PRIMARILY TO BE WITH YOUR HUSBAND, WHO AFTER THAT DATE WAS STATIONED IN THE PHILIPPINES AS A MEMBER OF THE UNITED STATES AIR FORCE. INASMUCH AS OUR OFFICE LACKS AUTHORITY TO REVIEW THE DEPARTMENT'S DETERMINATION UNDER THE APPLICABLE REGULATION--- SECTION 116.2A OF THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS) WHICH WAS QUOTED IN OUR DECISION OF MAY 27, 1960--- OUR OFFICE REQUESTED THAT THE CIVILIAN PERSONNEL DIVISION OF THE DEPARTMENT OF THE AIR FORCE RE-EXAMINE THE POSITION TAKEN BY THE DEPARTMENT OF THE AIR FORCE AND THAT WE BE ADVISED OF THE RESULT OF SUCH RE-EXAMINATION.
ON FEBRUARY 1, 1961, WE RECEIVED A REPORT FROM THE CHIEF OF THE REGULATIONS BRANCH, DIRECTORATE OF CIVILIAN PERSONNEL, WHICH IN PERTINENT PART READS AS FOLLOWS:
"AFTER REVIEW OF THE ATTACHED FILE, THIS HEADQUARTERS AGAIN CONCURS WITH THE ADMINISTRATIVE DETERMINATION MADE BY THE LOCAL CIVILIAN PERSONNEL OFFICE THAT, WHILE MRS. GRILLO'S HUSBAND WAS IN THE PHILIPPINES, HER PRESENCE IN THAT AREA WAS PRIMARILY TO BE WITH HER MILITARY SPONSOR AND NOT PRIMARILY FOR THE CONVENIENCE OF THE GOVERNMENT. * * *
"IT IS RECOMMENDED THAT THE DETERMINATION OF INELIGIBILITY AND THE COLLECTION ACTION BE SUSTAINED.'
IN THE CIRCUMSTANCES, OUR OFFICE HAS NO RECOURSE BUT TO AFFIRM OUR DECISION OF MAY 27, 1960, AND TO TAKE ALL NECESSARY STEPS TO ASSURE COLLECTION OF THE AMOUNT IN QUESTION.