B-152711, JAN. 2, 1964
Highlights
PACILEO: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 20. IN WHICH THE DISALLOWANCE OF YOUR CLAIM WAS SUSTAINED. IT IS ASSUMED THAT YOU HAVE RECEIVED THAT DECISION. YOU EXPRESS YOUR BELIEF THAT YOU ARE ENTITLED TO PER DIEM FOR ALL PERIODS YOU SPENT AT HOME IN A LIBERTY STATUS INASMUCH AS YOU WERE ASSIGNED TO TEMPORARY ADDITIONAL DUTY. SINCE YOU WERE IN THE VICINITY OF YOUR PERMANENT DUTY STATION WHEN YOU WERE IN A LIBERTY STATUS AND WERE NOT PERFORMING DUTY PURSUANT TO COMPETENT ORDERS. WE CONCLUDED THAT YOU WERE NOT IN A TRAVEL STATUS ENTITLING YOU TO PER DIEM FOR THOSE PERIODS. YOU WERE ADVISED THAT IT HAD BEEN ADMINISTRATIVELY REPORTED THAT DURING THE PERIOD YOU WERE ON TEMPORARY ADDITIONAL DUTY.
B-152711, JAN. 2, 1964
TO MR. FRANCIS S. PACILEO:
REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 20, 1963, AGAIN REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED SEPTEMBER 30, 1963, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM WHILE ON TEMPORARY ADDITIONAL DUTY AS COMMISSARY MAN, THIRD CLASS, UNITED STATES COAST GUARD FROM MARCH 31 THROUGH AUGUST 29, 1958. YOU DO NOT ACKNOWLEDGE RECEIPT OF OUR DECISION OF NOVEMBER 15, 1963, B-152711, IN WHICH THE DISALLOWANCE OF YOUR CLAIM WAS SUSTAINED, BUT IT IS ASSUMED THAT YOU HAVE RECEIVED THAT DECISION.
IN YOUR LETTER, YOU EXPRESS YOUR BELIEF THAT YOU ARE ENTITLED TO PER DIEM FOR ALL PERIODS YOU SPENT AT HOME IN A LIBERTY STATUS INASMUCH AS YOU WERE ASSIGNED TO TEMPORARY ADDITIONAL DUTY, AND CONTEND THAT IT DID NOT MATTER WHERE YOU SPENT YOUR OFF HOURS.
IN OUR SETTLEMENT DATED SEPTEMBER 30, 1963, WE INFORMED YOU OF THE CONTROLLING REGULATIONS WHICH PROVIDE THAT MEMBERS SHALL BE IN A TRAVEL STATUS ONLY WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT ORDERS, INCLUDING PERIODS OF TEMPORARY ADDITIONAL DUTY. SINCE YOU WERE IN THE VICINITY OF YOUR PERMANENT DUTY STATION WHEN YOU WERE IN A LIBERTY STATUS AND WERE NOT PERFORMING DUTY PURSUANT TO COMPETENT ORDERS, WE CONCLUDED THAT YOU WERE NOT IN A TRAVEL STATUS ENTITLING YOU TO PER DIEM FOR THOSE PERIODS. OUR DECISION TO YOU, B-152711, DATED NOVEMBER 15, 1963, YOU WERE ADVISED THAT IT HAD BEEN ADMINISTRATIVELY REPORTED THAT DURING THE PERIOD YOU WERE ON TEMPORARY ADDITIONAL DUTY, YOU SPENT YOUR WEEKENDS IN A LIBERTY STATUS AT YOUR HOME, WHICH WAS IN THE VICINITY OF YOUR PERMANENT DUTY STATION, WHERE MESSING FACILITIES AND QUARTERS WERE AVAILABLE. WE ALSO STATED THAT NO ADDITIONAL WRITTEN ORDERS WERE ISSUED DIRECTING YOU TO PERFORM TRAVEL AWAY FROM AND RETURN TO FIRE ISLAND FOR THE PURPOSE OF SECURING FOOD SUPPLIES DURING THE WEEKENDS YOU WERE IN A LIBERTY STATUS AND ACCORDINGLY, WE SUSTAINED THE SETTLEMENT OF SEPTEMBER 30, 1963.
YOUR PRESENT LETTER HAS BEEN CAREFULLY CONSIDERED, BUT IT PRESENTS NOTHING THAT WAS NO CONSIDERED IN THE DECISION OF NOVEMBER 15, 1963, AND NO BASIS IS FOUND FOR CHANGING THE CONCLUSIONS REACHED IN THAT DECISION WHICH IS AFFIRMED.