B-142063, JUL. 13, 1960
Highlights
THE RECORD SHOWS THAT YOUR OFFICIAL DUTY STATION WAS CHANGED FROM THE MANILA AIR STATION TO CLARK AIR BASE IN THE PHILIPPINES ON FEBRUARY 2. THE ORDER EFFECTING YOUR TRANSFER OF DUTY STATION SHOWS YOU WERE TO CONTINUE TO PERFORM YOUR OFFICIAL DUTIES AT THE MANILA AIR STATION. WHICH ALSO WAS YOUR RESIDENCE. THAT THE DESIGNATION OF CLARK AIR BASE AS YOUR HEADQUARTERS WAS MADE FOR ADMINISTRATIVE PURPOSES ONLY. WE HAVE CONSISTENTLY HELD THAT AN EMPLOYEE'S HEADQUARTERS IS THAT LOCATION WHERE HE SPENDS THE GREATER PART OF HIS TIME IN THE PERFORMANCE OF HIS OFFICIAL DUTIES AND TO WHICH HE RETURNS AFTER PERFORMING TEMPORARY DUTIES AT ANOTHER LOCATION. NOTWITHSTANDING THE FACT THAT CLARK AIR BASE WAS DESIGNATED AS YOUR OFFICIAL DUTY STATION.
B-142063, JUL. 13, 1960
TO MR. SERVILLANO T. PANGILINAN:
YOUR LETTER OF MAY 1, 1960, RELATES TO OUR OFFICE SETTLEMENT OF MARCH 21, 1960, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM IN LIEU OF SUBSISTENCE FOR THE PERIOD FEBRUARY 2 THROUGH DECEMBER 31, 1958, WHILE PERFORMING DUTY AT THE MANILA AIR STATION, PHILIPPINES, AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.
THE RECORD SHOWS THAT YOUR OFFICIAL DUTY STATION WAS CHANGED FROM THE MANILA AIR STATION TO CLARK AIR BASE IN THE PHILIPPINES ON FEBRUARY 2, 1958. THE ORDER EFFECTING YOUR TRANSFER OF DUTY STATION SHOWS YOU WERE TO CONTINUE TO PERFORM YOUR OFFICIAL DUTIES AT THE MANILA AIR STATION, MANILA, WHICH ALSO WAS YOUR RESIDENCE, AND THAT THE DESIGNATION OF CLARK AIR BASE AS YOUR HEADQUARTERS WAS MADE FOR ADMINISTRATIVE PURPOSES ONLY.
WE HAVE CONSISTENTLY HELD THAT AN EMPLOYEE'S HEADQUARTERS IS THAT LOCATION WHERE HE SPENDS THE GREATER PART OF HIS TIME IN THE PERFORMANCE OF HIS OFFICIAL DUTIES AND TO WHICH HE RETURNS AFTER PERFORMING TEMPORARY DUTIES AT ANOTHER LOCATION. SINCE YOU PERFORMED MOST OF YOUR OFFICIAL DUTIES AT MANILA DURING THE PERIOD IN QUESTION, THAT LOCATION MUST ALSO BE REGARDED AS YOUR HEADQUARTERS FOR TRAVEL PURPOSES.
NOTWITHSTANDING THE FACT THAT CLARK AIR BASE WAS DESIGNATED AS YOUR OFFICIAL DUTY STATION, DURING THE PERIOD FEBRUARY 2 THROUGH DECEMBER 31, 1958, THE RECORD SHOWS YOU HAD TWO HEADQUARTERS AND WOULD BE ENTITLED TO PER DIEM ONLY WHEN ABSENT FROM BOTH OF THE HEADQUARTERS ON OFFICIAL BUSINESS. MOREOVER, TO BE ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE IT WOULD HAVE TO BE AUTHORIZED OR APPROVED BY THE DEPARTMENT OF THE AIR FORCE WHICH HAS NOT BEEN DONE IN YOUR CASE.
THEREFORE, THE DISALLOWANCE OF YOUR CLAIM FOR PER DIEM IN LIEU OF SUBSISTENCE WAS PROPER, AND, UPON REVIEW, THE SETTLEMENT IS SUSTAINED.