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B-186595 1 (1978-04-10)

handle is hein.gao/gaobadfxh0001 and id is 1 raw text is: 10 ECIUBON FILE: B-18659 5 &4tA L ,1%~/f) ~.j g.~4ta.r /w THE COMPTROL.LUN OSNNAL .OP THE UNITED BTATES * WAUMINGTON, D.C. 1054 DATE: April 10, 1978 MATTER OF: Modesto Canales - Per Diem Customs,Service employee requests reconsideration of decision terminating his per diem while he was on temzporary duty. Customs Service memorandum states that while employee was on detail he notified Customs by phone of his desire to transfer to posi- tion to which he was at that time detailed. Employee states he never agreed to accept transfer until after his temparary duty ended. Considering the circum- stances in this case and th fact that the Customs Service memorandum was not written by the official with whom employee.spoke, we acdept employee's version of fa6ts and find he did not s.ccept the p6ition to which he was detailed until after his detail ended. Therefore, employee was properly paid per diem for duration of detail. Mr. Modeato Canales, Assistant Regional Commissioner (Administration), United States Customs Service, has requested reconsideration of our deicision B-186595, July 7. 1977, which concerned his per diem entitlement while he was assigned to temporary duty in Houston, T exa s. The facts are staLediiTour earlier decdion and need be repeated only briefly as follows. Mr. Canales, who was the Director of the Financial Management Division. GS-15, stationed in New York, applied for and was (on December 9, 1975), accepted for a position of Assistant Regional Commissioner (Administration), GS-15, in Houston, Texas. Mr. Canales states that he felt the po'lition in Houston was subject to a downgrading action so he refused to accept the position. He was then detailed to act as Assistant Regional Comiissioner in Houston from January 16 to May 14, 1976, whereupon he returned to New York. On June 6, 1976. Mr. Canales was transferred to Houston to the position to which he had been previously detailed. Our decision of July 7, 1977. on this matter held as followi: * * * Mr. Canales neither accepted the position of Assistant Regional Commis- sioner in Houston, nor was he permanently DIGEST: ~Lz I I - i - 1 .

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