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B-191492 1 (1978-11-02)

handle is hein.gao/gaobadgnu0001 and id is 1 raw text is: 
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' DECISION


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FILE:  B-191492.


MATTER


MGIEST:


TME  COMPTROLLER UNERAL. r
OP   rV UNuITEo *TArES
WAUMINGTON. D.C. WOBSC


DATE:   Novas'er 2, 1978


OF:   Silas H. Henard, Jr. - Per Diem - Detail to,
      Former Permanent Duty Station

  Employee was advised by memorandum of his trans-
  fer to a new duty station. Due to short notice
  he was detailed to former duty station pendinc
  his reporting to new station. He became ill at
  permanent duty station and claims 168: days per
  diem during his illness which prevented his report-
  ing to new duty station. Claim may not be allowed
  as paras. 1-7.6 and 2-1.4 of FTR, when construed
  together, constitute requirement that employee
  must actually report to new duty station before
  it is regarded as permanent duty station so as to
  entitle employee to per diem at former duty
  station. 54 Comp. Gen. 679 (1975) distinguisned.


    . This matter concerns the request for an advance decision by
Ms.:Elenor E. Clements, an Luthorized certifying offictr of the
Department of Health, Education and Welfare, Public Health Service,
Indian Health Service (Service), as to whether Mr. Silas H.
Henard, Jr., an enployee of the Servicemay be allcwed per diem
in connection with an extended illness while on detail at his
for4;er permanent duty station.

     The record shows that Mr. Henw.d was employed as
Executive Officer o  the .Service's, Oklahoma City area office. On
June 3, 1977, Mr. Henard received a memorandum from the 'Deputy
Director of the Service stating that effect ve June 5, 1977,
Mr. Henard would be prerted  to the position of Aberdeen area
Executive Officer in Auerdeen, South Dakota. Mr. Henard was
advised that due to the short notice involved, he would be
placed on detail to the Oklahoma area office effective June 5,
1977, and that he wor'd be required to report for his new duty
assignment in Aberdeen, South Dakota, on July 18, 1977, The
Deputy Director stated that his June 3 memorandum was in response
to a memorandum dated June 2, 1977, in which Mr. Henard stated
that at the time he was unable to either accept or reject his
proposed reassignment to the Aberdeen area office.

     On JLne 7, 1977, Mr. Henard was issued a general Travel
Order No. HSM-114467, which aathorized him travel expenses and
per diem on a lodgings-plus basis for temporary Guty travel for


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