B-107798, APRIL 18, 1952, 31 COMP. GEN. 522

B-107798, APRIL 18, 1952, 31 COMP. GEN. 522

LEAVES OF ABSENCE - ANNUAL - ACCUMULATION RESTRICTIONS - GENERAL APPROPRIATION ACT, 1951 EMPLOYEES OF THE DEPARTMENT OF JUSTICE WHO WERE ON LOAN OR DETAILED TO THE DISPLACED PERSONS COMMISSION AND WERE ON TEMPORARY DUTY OVERSEAS UNDER ORDERS AUTHORIZING TRAVEL OUT OF A PERMANENT DUTY STATION IN THE UNITED STATES AND RECEIVED PER DIEM IN LIEU OF SUBSISTENCE, WOULD NOT BE CONSIDERED AS BEING AT A POST OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES AS THOSE WORDS ARE USED IN THE EXCEPTION TO SECTION 1212 OF THE GENERAL APPROPRIATION ACT, 1951, THEREFORE SUCH EMPLOYEES WOULD NOT BE PERMITTED TO RETAIN CREDIT AND RECEIVE PAYMENT FOR ANNUAL LEAVE EARNED DURING THE CALENDAR YEAR 1950 AND NOT USED BY JUNE 30, 1951.

ACTING COMPTROLLER GENERAL YATES TO THE ACTING ATTORNEY GENERAL, APRIL 18, 1952:

REFERENCE IS MADE TO THE DEPARTMENT'S LETTER OF JANUARY 30, 1952, STATING THAT---

THIS SERVICE HAS A NUMBER OF EMPLOYEES WHO ARE CURRENTLY ON DUTY IN EUROPE IN CONNECTION WITH THE DISPLACED PERSONS PROGRAM. AT THE TIME OF THEIR ASSIGNMENT TO THESE EUROPEAN POSTS, THE DURATION OF THEIR FOREIGN TOUR OF DUTY WAS NOT KNOWN. SOME OF THESE EMPLOYEES ARE NOW RETURNING TO THE UNITED STATES AFTER FOREIGN DUTY OF OVER TWO YEARS. OTHERS STILL IN EUROPE ARE NOW SCHEDULED TO RETURN BY AUGUST 1, 1952. AND REQUESTING A DECISION WHETHER THE INVOLVED EMPLOYEES ARE WITHIN THE EXCEPTIONS TO SECTION 1212 OF THE GENERAL APPROPRIATION ACT, 1951, 64 STAT. 768, AS CONSTRUED BY DECISION OF THIS OFFICE DATED JANUARY 11, 1951, B-99676, 30 COMP. GEN. 290, SUCH AS WOULD PERMIT THEM TO RETAIN CREDIT AND RECEIVE PAYMENT FOR ANNUAL LEAVE EARNED DURING THE CALENDAR YEAR 1950 AND NOT USED BY JUNE 30, 1951.

THE REFERRED-TO SECTION 1212 PROVIDES, IN PERTINENT PART, AS FOLLOWS:

NO PART OF THE FUNDS OF, OR AVAILABLE FOR EXPENDITURE BY ANY CORPORATION OR AGENCY INCLUDED IN THIS ACT, INCLUDING THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, SHALL BE AVAILABLE TO PAY FOR ANNUAL LEAVE ACCUMULATED BY ANY CIVILIAN OFFICER OR EMPLOYEE DURING THE CALENDAR YEAR 1950 AND UNUSED AT THE CLOSE OF BUSINESS ON JUNE 30, 1951: PROVIDED, THAT THIS SECTION SHALL NOT APPLY TO OFFICERS AND EMPLOYEES WHOSE POST OF DUTY IS OUTSIDE THE CONTINENTAL UNITED STATES: * * *.

WITH RESPECT TO THE FIRST PROVISO OF THE ABOVE-QUOTED SECTION IT WAS HELD IN THE DECISION OF JANUARY 11, 1951, SUPRA, THAT THE TERMS,"POST OF DUTY," AND,"PERMANENT DUTY STATION," ARE SYNONYMOUS AND THAT THE EXCEPTION WAS NOT INTENDED TO APPLY TO EMPLOYEES TEMPORARILY DETAILED OR ASSIGNED OUTSIDE CONTINENTAL UNITED STATES.

IT IS NOT STATED IN THE DEPARTMENT'S LETTER WHETHER THE EMPLOYEES INVOLVED WERE TRANSFERRED TO PERMANENT DUTY STATIONS OVERSEAS OR MERELY WERE GIVEN TEMPORARY DUTY ASSIGNMENTS ABROAD. HOWEVER, IT IS UNDERSTOOD FROM INFORMATION RECEIVED HERE INFORMALLY THAT WHILE THE INVOLVED EMPLOYEES WERE ON LOAN OR DETAIL TO THE DISPLACED PERSONS COMMISSION THEY WERE OVERSEAS UNDER ORDERS AUTHORIZING TRAVEL OUT OF PERMANENT DUTY STATIONS IN THE UNITED STATES FOR TEMPORARY DUTY AND PROVIDING FOR THE PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE. IT IS UNDERSTOOD FURTHER THAT THE EMPLOYEES INVOLVED HAVE RECEIVED PER DIEM PAYMENTS DURING THE ENTIRE TOUR OF DUTY ABROAD INSTEAD OF THE FOREIGN POST OR QUARTERS ALLOWANCES GENERALLY PAID TO EMPLOYEES PERMANENTLY ASSIGNED TO OVERSEAS POSTS. ACCORDINGLY, UPON THE BASIS OF THE PRESENT RECORD IT MUST BE CONCLUDED THAT THE SUBJECT EMPLOYEES WOULD NOT BE CONSIDERED AS BEING AT "POST OF DUTY * * * OUTSIDE THE CONTINENTAL UNITED STATES" AS THOSE WORDS ARE USED IN THE EXCEPTION TO SECTION 1212, SUPRA. ..END :