B-167517, AUG. 12, 1969

B-167517, AUG. 12, 1969

CIVIL PAY - PER DIEM DECISION TO CERTIFYING OFFICER OF FEDERAL EXTENSION SERVICE, DEPARTMENT OF AGRICULTURE, FOR ADDITIONAL PER DIEM FOR EMPLOYEE WHO REMAINED AT A TEMPORARY DUTY STATION FOR RECOVERY OF INJURY. AN EMPLOYEE WHO HAD TO REMAIN AT A TEMPORARY DUTY STATION BEYOND HIS SCHEDULED DEPARTURE FOR A PERMANENT DUTY STATION OVERSEAS BECAUSE OF PERSONAL INJURY MAY NOT HAVE SUCH TEMPORARY DUTY SERVE AS A BASIS FOR ALLOWANCE OF THE MAXIUM RATE OF PER DIEM ($16) FOR PERIOD BEYOND FIRST 21 DAYS AT THE TEMPORARY DUTY STATION. THEREFORE EMPLOYEE IS NOT ENTITLED TO ADDITIONAL PER DIEM.

TO MISS HELEN SWENSON:

THIS REFERS TO YOUR LETTER OF JULY 14, 1969, WITH ENCLOSURES, REQUESTING OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT A RECLAIM VOUCHER FOR $160, REPRESENTING ADDITIONAL PER DIEM, IN FAVOR OF MR. HARRY W. TAVENNER, AN EMPLOYEE OF THE FEDERAL EXTENSION SERVICE.

THE RECORD SHOWS THAT IN JANUARY 1967, MR. TAVENNER WAS EMPLOYED AS AN AGRICULTURAL ADVISER TO VIETNAM UNDER AN AID PASA AGREEMENT. BY TRAVEL ORDER DATED DECEMBER 22, 1966, THE EMPLOYEE WAS AUTHORIZED TO TRAVEL TO VARIOUS TEMPORARY DUTY STATIONS FOR THE PURPOSE OF RECEIVING ORIENTATION AND TRAINING PRIOR TO PROCEEDING TO HIS OFFICIAL DUTY STATION IN SAIGON, VIETNAM. WITH RESPECT TO PER DIEM FOR TRAVEL IN THE UNITED STATES, THE TRAVEL ORDER PROVIDED AS FOLLOWS:

"$16 FIRST 21 DAYS; $8 NEXT 99 DAYS AT EACH POINT OF ORIENTATION AND TRAINING IN THE UNITED STATES, EXCEPT WELAKA, FLORIDA REDUCED TO $3.20 PER DAYS AS MEALS AND LODGING ARE FURNISHED. * * "

FOLLOWING A PERIOD OF TRAINING IN FLORIDA THE EMPLOYEE RETURNED TO WASHINGTON, D.C., ON MAY 13, 1967, TO RECEIVE LANGUAGE TRAINING AT THE FOREIGN SERVICE INSTITUTE. HE WAS SCHEDULED TO DEPART WASHINGTON FOR OVERSEAS TRAVEL ON JUNE 9, 1967. HOWEVER, HE WAS DENIED MEDICAL CLEARANCE FOR OVERSEAS TRAVEL AS A RESULT OF AN INJURY SUSTAINED WHILE TRAINING IN FLORIDA AND WAS REQUIRED TO REMAIN IN WASHINGTON UNTIL SUCH INJURY HAD SUFFICIENTLY HEALED.

PENDING RECEIPT OF MEDICAL CLEARANCE THE EMPLOYEE WAS ASSIGNED TO PERFORM TEMPORARY DUTY IN THE VIETNAM PASA COORDINATOR'S OFFICE IN WASHINGTON. THAT ASSIGNMENT TERMINATED ON JUNE 30, 1967, WHEN THE EMPLOYEE DEPARTED FOR VIETNAM.

IN ACCORDANCE WITH HIS TRAVEL ORDER OF DECEMBER 22, 1966, THE EMPLOYEE WAS PAID PER DIEM AT THE RATE OF $16 FOR THE FIRST 21 DAYS OF TEMPORARY DUTY IN WASHINGTON (MAY 14 THROUGH JUNE 3) AND AT THE RATE OF $8 FOR THE REMAINING PERIOD (JUNE 4 THROUGH 29). HOWEVER, THE EMPLOYEE BELIEVES THAT HE IS ENTITLED TO PAYMENT OF PER DIEM AT THE MAXIMUM RATE OF $16 FOR THE PERIOD JUNE 10 THROUGH 29 WHILE TEMPORARILY ASSIGNED TO THE VIETNAM PASA COORDINATOR'S OFFICE. APPARENTLY, THE EMPLOYEE BELIEVES THAT SUCH DUTY CONSTITUTED A NEW TEMPORARY DUTY ASSIGNMENT.

THE PER DIEM ALLOWANCES PRESCRIBED IN THE TRAVEL ORDER OF DECEMBER 22, 1966, ARE IN CONFORMANCE WITH SUBSECTION 154.4-3B OF VOLUME 6, FOREIGN AFFAIRS MANUAL (APPLICABLE TO THE TRAVEL HERE INVOLVED) WHICH PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"B. NEW APPOINTEES

"NEW APPOINTEES ARE AUTHORIZED PER DIEM AT THE FOLLOWING MAXIMUM RATES FOR PERIODS OF TEMPORARY DUTY AT ANY ONE LOCATION IN THE U.S. EXCEPT FOR APPOINTEES RESIDING WITHIN 25 MILES OF THE TEMPORARY DUTY LOCATION AT TIME OF APPOINTMENT, WHO ARE NOT ENTITLED TO ANY PER DIEM.

"/1) FULL PER DIEM FOR THE FIRST 21 CALENDAR DAYS.

"/2) HALF PER DIEM FOR THE NEXT 99 DAYS FOR NEW APPOINTEES WITH DEPENDENTS, OR HALF PER DIEM FOR THE NEXT 21 DAYS FOR NEW APPOINTEES WITHOUT DEPENDENTS, AT ANY ONE LOCATION.'

THE FACT THAT THE EMPLOYEE'S TEMPORARY DUTY IN WASHINGTON HAD TO BE EXTENDED BEYOND HIS SCHEDULED DATE OF DEPARTURE THEREFROM BECAUSE OF A PERSONAL INJURY CANNOT SERVE AS A BASIS UNDER THE REGULATION FOR ALLOWING HIM THE MAXIMUM RATE OF PER DIEM ($16) FOR THE PERIOD BEYOND HIS FIRST 21 CALENDAR DAYS OF TEMPORARY DUTY IN WASHINGTON. SINCE THE EMPLOYEE HAS BEEN PAID THE PER DIEM AUTHORIZED BY HIS TRAVEL ORDER AND THE CONTROLLING REGULATION, QUOTED ABOVE, HE IS NOT ENTITLED TO THE ADDITIONAL AMOUNT CLAIMED.

THEREFORE, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.