B-142063, NOV. 17, 1960
Highlights
YOU SAY THAT SINCE YOUR OFFICIAL DUTY STATION WAS CHANGED FROM MANILA AIR STATION TO CLARK AIR BASE YOU ACQUIRED CERTAIN RETENTION RIGHTS AS A CLASSIFIED CIVIL SERVICE EMPLOYEE AT YOUR NEW HEADQUARTERS AND YOUR SUBSEQUENT SEPARATION FROM THE SERVICE WAS NOT IN ACCORDANCE WITH REGULATIONS OF THE CIVIL SERVICE COMMISSION. A SEPARATION FROM THE SERVICE BASED UPON AN EMPLOYEE'S RETENTION RIGHTS IS A MATTER SOLELY FOR CONSIDERATION BY THE COMMISSION AND NOT BY OUR OFFICE. YOU ALSO SAY SINCE YOU WERE PAID PER DIEM FOR A PERIOD SUBSEQUENT TO THAT IN QUESTION WHEN YOU PERFORMED TEMPORARY DUTY AT YOUR HEADQUARTERS AT CLARK AIR BASE YOU SHOULD NOT BE CONSIDERED AS HAVING TWO HEADQUARTERS DURING THE PERIOD UNDER CONSIDERATION.
B-142063, NOV. 17, 1960
TO MR. SERVILLANO T. PANGILINAN:
YOUR LETTER OF AUGUST 13, 1960, REQUESTS THAT WE RECONSIDER OUR DECISION OF JULY 13, 1960, B-142063, TO YOU, WHICH SUSTAINED THE ACTION OF OUR OFFICE IN DISALLOWING YOUR CLAIM FOR PER DIEM IN LIEU OF SUBSISTENCE FOR THE PERIOD FEBRUARY 2 THROUGH DECEMBER 31, 1958, WHILE PERFORMING DUTY AT THE MANILA AIR STATION, PHILIPPINES, AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.
YOU SAY THAT SINCE YOUR OFFICIAL DUTY STATION WAS CHANGED FROM MANILA AIR STATION TO CLARK AIR BASE YOU ACQUIRED CERTAIN RETENTION RIGHTS AS A CLASSIFIED CIVIL SERVICE EMPLOYEE AT YOUR NEW HEADQUARTERS AND YOUR SUBSEQUENT SEPARATION FROM THE SERVICE WAS NOT IN ACCORDANCE WITH REGULATIONS OF THE CIVIL SERVICE COMMISSION. A SEPARATION FROM THE SERVICE BASED UPON AN EMPLOYEE'S RETENTION RIGHTS IS A MATTER SOLELY FOR CONSIDERATION BY THE COMMISSION AND NOT BY OUR OFFICE.
YOU ALSO SAY SINCE YOU WERE PAID PER DIEM FOR A PERIOD SUBSEQUENT TO THAT IN QUESTION WHEN YOU PERFORMED TEMPORARY DUTY AT YOUR HEADQUARTERS AT CLARK AIR BASE YOU SHOULD NOT BE CONSIDERED AS HAVING TWO HEADQUARTERS DURING THE PERIOD UNDER CONSIDERATION. IN OUR DECISION WE SAID THAT CLARK AIR BASE WAS DESIGNATED AS YOUR HEADQUARTERS FOR ADMINISTRATIVE PURPOSES ONLY AND SINCE YOU CONTINUED TO PERFORM MOST OF YOUR OFFICIAL DUTIES AT MANILA AIR STATION AND CONTINUED TO RESIDE IN THE AREA, THAT LOCATION ALSO MUST BE REGARDED AS YOUR HEADQUARTERS FOR TRAVEL PURPOSES. IT NOW APPEARS THAT DURING THE PERIOD OF YOUR DUTY AT CLARK AIR BASE FROM JANUARY 5, 1959, TO MARCH 25, 1959, A DISTANCE OF APPROXIMATELY 57 MILES FROM MANILA, YOU DID NOT RETURN TO MANILA BUT RESIDED AT THE CLARK AIR BASE; ALSO, THAT PER DIEM IN LIEU OF SUBSISTENCE WAS PRESCRIBED BY THE DEPARTMENT OF THE AIR FORCE FOR DUTY AT CLARK AIR BASE. IN VIEW THEREOF, WE WILL NOT INSIST THAT CLARK AIR BASE WAS YOUR HEADQUARTERS FOR TRAVEL PURPOSES IN ADDITION TO MANILA AIR BASE. HOWEVER, THE ACTION OF THE DEPARTMENT OF THE AIR FORCE IN PRESCRIBING A PER DIEM IN LIEU OF SUBSISTENCE FOR DUTY AT CLARK AIR BASE AND NOT AT MANILA AIR BASE SUPPORTS THE VIEW THAT CLARK AIR BASE WAS DESIGNATED AS YOUR HEADQUARTERS FOR PURPOSES OTHER THAN THOSE PRIMARILY FOR CONSIDERATION IN THE FIXING OF HEADQUARTERS FOR TRAVEL AND PER DIEM PURPOSES.
THEREFORE, WE MUST ADHERE TO OUR HOLDING FOR TRAVEL PURPOSES DURING THE PERIOD FEBRUARY 2 THROUGH DECEMBER 31, 1958, THAT MANILA AIR STATION WAS YOUR ACTUAL HEADQUARTERS WHICH PRECLUDES PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE WHILE PERFORMING DUTY AT THAT ACTIVITY.