B-130614, MAY 29, 1957
Highlights
THE RECORDS SHOW THAT YOU WERE TERMINATED FROM YOUR POSITION IN KODIAK. THE INSTRUCTIONS ARRIVED AT SUCH TIME THAT NO MORE THAN THE MINIMUM 30 DAYS NOTICE OF REDUCTION IN FORCE WAS POSSIBLE. YOU WERE TERMINATED LOCALLY AND RECEIVED A LUMP-SUM LEAVE PAYMENT ON DECEMBER 30. YOU WERE FURNISHED GOVERNMENT TRANSPORTATION AT THE NEXT AVAILABLE OPPORTUNITY WHICH WAS JANUARY 5. YOU WERE ALSO PAID PER DIEM WHILE IN A TRAVEL STATUS RETURNING TO THE UNITED STATES. YOU ARE CLAIMING PER DIEM WHILE AWAITING TRANSPORTATION AND COMPENSATION FOR TRAVEL TIME AS WELL AS THE TIME AWAITING TRANSPORTATION. THAT IS AWAY FROM HIS OFFICIAL STATION. THE ALLOWANCE MUST BE ADMINISTRATIVELY AUTHORIZED IN THE TRAVEL ORDER UNDER WHICH THE TRAVEL IS PERFORMED.
B-130614, MAY 29, 1957
TO MR. HOMER A. KEENE:
YOUR LETTER OF APRIL 9, 1957, REQUESTS RECONSIDERATION OF OUR SETTLEMENT DATED APRIL 3, 1957, WHICH DISALLOWED YOUR CLAIM FOR COMPENSATION AND PER DIEM DURING THE PERIOD DECEMBER 31, 1955, TO JANUARY 5, 1956, PURSUANT TO TRAVEL ORDER NO. 45-5041-56 DATED DECEMBER 27, 1955, ISSUED BY THE UNITED STATES NAVAL STATION, KODIAK, ALASKA.
THE RECORDS SHOW THAT YOU WERE TERMINATED FROM YOUR POSITION IN KODIAK, ALASKA, BY A REDUCTION IN FORCE EFFECTIVE DECEMBER 30, 1955, AS A RESULT OF INSTRUCTIONS BY THE CHIEF, BUREAU OF AERONAUTICS, TO REDUCE PERSONNEL BY A SPECIFIED FIGURE ON OR BEFORE DECEMBER 31, 1955. THE INSTRUCTIONS ARRIVED AT SUCH TIME THAT NO MORE THAN THE MINIMUM 30 DAYS NOTICE OF REDUCTION IN FORCE WAS POSSIBLE. YOU WERE TERMINATED LOCALLY AND RECEIVED A LUMP-SUM LEAVE PAYMENT ON DECEMBER 30, 1955. YOU WERE FURNISHED GOVERNMENT TRANSPORTATION AT THE NEXT AVAILABLE OPPORTUNITY WHICH WAS JANUARY 5, 1956. YOU WERE ALSO PAID PER DIEM WHILE IN A TRAVEL STATUS RETURNING TO THE UNITED STATES. YOU ARE CLAIMING PER DIEM WHILE AWAITING TRANSPORTATION AND COMPENSATION FOR TRAVEL TIME AS WELL AS THE TIME AWAITING TRANSPORTATION.
UNDER THE TRAVEL EXPENSE ACT OF 1949, 63 STAT. 166, AS AMENDED, PROVIDING FOR THE PAYMENT OF A PER DIEM ALLOWANCE IN LIEU OF ACTUAL EXPENSES OF SUBSISTENCE, AND THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, FOR AN EMPLOYEE TO BE ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE HE MUST BE IN A TRAVEL STATUS, THAT IS AWAY FROM HIS OFFICIAL STATION, AND THE ALLOWANCE MUST BE ADMINISTRATIVELY AUTHORIZED IN THE TRAVEL ORDER UNDER WHICH THE TRAVEL IS PERFORMED. ACCORDINGLY, SINCE YOU WERE NOT AWAY FROM YOUR OFFICIAL DUTY STATION IN A TRAVEL STATUS DURING THE PERIOD IN QUESTION YOU WOULD NOT BE ENTITLED TO PER DIEM. MOREOVER, PER DIEM IS NOT ALLOWABLE AFTER SEPARATION FROM THE SERVICE, HOWEVER, UPON THE ASSUMPTION THAT YOUR ACTUAL SUBSISTENCE EXPENSES FOR THE PERIOD OF RETURN TRAVEL AT LEAST EQUALED THE PER DIEM PAYMENT MADE FOR SUCH TRAVEL TIME NO FURTHER QUESTION WILL BE RAISED ON THAT ITEM BY OUR OFFICE.
CONCERNING YOUR CLAIM FOR COMPENSATION FOR THE PERIOD SUBSEQUENT TO DECEMBER 30, 1955, THE DATE YOU WERE SEPARATED FROM THE SERVICE, IT IS TRUE AS YOU INDICATE, THAT THE DEPARTMENT OF THE NAVY RECOMMENDED PAYMENT FOR TWO DAYS SALARY TIME FOR THE PERIOD YOU WERE EN ROUTE HOME. HOWEVER, THERE IS NO LAW OR REGULATION AUTHORIZING PAYMENT OF SALARY OR COMPENSATION TO AN EMPLOYEE FOR ANY PERIOD AFTER HE HAS BEEN FINALLY SEPARATED FROM THE SERVICE UNDER CIRCUMSTANCES SIMILAR TO YOUR SEPARATION.
ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM WAS PROPER AND IS SUSTAINED.