B-154450, JUL. 9, 1964

B-154450, JUL. 9, 1964

TO MR. JAMES F. O-CONNOR, JR.:

THIS REFERS TO YOUR LETTER OF MAY 18, 1964, REQUESTING REVIEW OF OUR OFFICE SETTLEMENT DATED MAY 1, 1964, WHICH DISALLOWED YOUR CLAIM FOR $495.55, REPRESENTING REIMBURSEMENT FOR TRAVEL FROM NEW YORK TO BUENOS AIRES DURING THE PERIOD JUNE 19 TO JUNE 22, 1958, WHILE AN EMPLOYEE OF THE FOREIGN SERVICE, DEPARTMENT OF STATE.

BY TRAVEL AUTHORIZATION NO. 8-05182, DATED SEPTEMBER 30, 1957, YOU WERE AUTHORIZED TO TRAVEL FROM BUENOS AIRES TO NEW YORK FOR HOME LEAVE AND RETURN TO BUENOS AIRES. WHILE ON HOME LEAVE YOU WERE REQUIRED TO REPORT TO THE U.S. PUBLIC HEALTH SERVICE HOSPITAL IN BALTIMORE FOR OBSERVATION AND DIAGNOSIS. THE DIAGNOSIS SHOWED THAT YOU HAD SUFFERED A "SLIPPED DISK" IN YOUR SPINAL COLUMN; HOWEVER, THE CONSULTING NEUROLOGIST FROM JOHNS HOPKINS ASSURED YOU THAT YOU WOULD BE ABLE TO RESUME YOUR REGULAR DUTIES WITH THE FOREIGN SERVICE.

ON JUNE 4, 1958, YOU DEPARTED NEW YORK BY AUTOMOBILE FOR NEW ORLEANS TO BOARD A SHIP FOR YOUR RETURN TO BUENOS AIRES. EN ROUTE YOU REPORTED TO THE MEDICAL DIVISION OF THE STATE DEPARTMENT ON JUNE 6, 1958, BECAUSE OF A PAIN IN YOUR SHOULDER WHICH SUBSEQUENTLY WAS DIAGNOSED AS BURSITIS. THE MEDICAL DIVISION REFERRED YOU TO THE NAVAL DISPENSARY FOR TREATMENT ON JUNE 9, 11, 16, 17 AND 18. AFTER CONSULTATIONS WITH THE MEDICAL DIVISION AND PERSONNEL OPERATIONS DIVISION YOU WERE ADVISED THAT MEDICAL CLEARANCE HAD BEEN DENIED AND YOU WOULD NOT BE PERMITTED TO RETURN TO BUENOS AIRES. YOUR PERSONAL STATEMENT IN SUPPORT OF YOUR TRAVEL VOUCHER ADMITS TO THIS FACT.

NOTWITHSTANDING THE DECISION OF THE MEDICAL DIVISION TO DENY YOU MEDICAL CLEARANCE, YOU CONTINUED YOUR TRAVEL TO BUENOS AIRES, DEPARTING NEW YORK BY AIR ON JUNE 19 AND ARRIVING IN BUENOS AIRES ON JUNE 22, 1958. ON JUNE 27, 1958, YOUR ORIGINAL TRAVEL ORDER OF SEPTEMBER 30, 1957, WAS AMENDED TO CANCEL YOUR RETURN TO BUENOS AIRES AND TO EFFECT YOUR TRANSFER TO WASHINGTON, D.C.

IN YOUR LETTER OF MAY 18, 1964, YOU CONTEND THAT YOU ARE ENTITLED TO BE PAID FOR YOUR TRAVEL TO BUENOS AIRES BECAUSE THE DECISION NOT TO RETURN YOU TO BUENOS AIRES HAD NOT "FORMALLY" BEEN MADE BY THE DEPARTMENT AS OF THE TIME YOU COMMENCED YOUR RETURN TRAVEL.

WHILE IT IS TRUE THAT YOUR TRAVEL ORDERS AUTHORIZING YOUR RETURN TO BUENOS AIRES HAD NOT BEEN REVOKED OR MODIFIED IN WRITING UNTIL AFTER YOUR ARRIVAL IN BUENOS AIRES, YOU NEVERTHELESS WERE WELL AWARE THAT MEDICAL CLEARANCE FOR YOUR RETURN OVERSEAS HAD BEEN DENIED. BY YOUR OWN ADMISSION, YOU WERE INFORMED 9 DAYS PRIOR TO YOUR DEPARTURE THAT YOU WERE NOT AUTHORIZED TO RETURN TO BUENOS AIRES DUE TO YOUR PHYSICAL CONDITION.

THE FOREIGN SERVICE REGULATIONS PROVIDE THAT ALL PERSONNEL SHALL BE EXAMINED EACH TIME THEY RETURN TO THE UNITED STATES ON OFFICIAL ORDERS. ONE OBJECTIVE OF SUCH EXAMINATION IS TO ADVISE PERSONNEL OFFICERS AS TO LIMITATIONS OF DUTY OR ASSIGNMENT WHICH SHOULD BE IMPOSED FOR MEDICAL REASONS. ON THE BASIS OF SUCH EXAMINATION AND OTHER DATA, THE MEDICAL DIRECTOR HAS THE AUTHORITY TO DETERMINE IF THE EMPLOYEE IS TO BE ASSIGNED TO GENERAL DUTY, LIMITED DUTY, OR SEPARATED FROM THE SERVICE AND MAKE RECOMMENDATIONS WHERE CHANGES IN DUTY ASSIGNMENT ARE NECESSARY. SEE 1 FSM IV, SECTION 680, AUGUST 27, 1951.

THE RECORD SHOWS THAT UPON CONSULTATION THE MEDICAL DIVISION AND PERSONNEL DIVISION DECIDED THAT YOU WERE NOT MEDICALLY FIT TO RETURN OVERSEAS. SINCE YOU WERE INFORMED OF THIS DECISION WELL IN ADVANCE OF YOUR DEPARTURE YOU ARE NOT ENTITLED TO BE REIMBURSED FOR THE TRAVEL EXPENSES WHICH YOU IMPROPERLY INCURRED.