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B-204210 1 (1982-04-05)

handle is hein.gao/gaobadkfb0001 and id is 1 raw text is: O. SCo/q CllClSlON FILE: THEm MPT M aW OF THW UNITED BIATMO WAD HINSTO No 0, 020548 8-204210 DATE: Apr1l 5, MATTER OF; Vernon Change E of Adler - Per Diem- Retroactive Travel Orders DIGEST; A Foreign Service Offlcer who was trans- ferred from Iran to Washington, D.C., requests that his travel orders be retroactively amended to change his per- manent duty station to Warsaw, Poland, so that he could receive per diem allow- ances during his stay in Washington. He contends that it was the State Depart- ment's intention that he be assigned to another overseas post directly from Iran and that Washington was only a temporary duty site, His claim is denied sinbe there is no clear indic~tion of 'error in the record, and travel orders may not be modified retroactively so as to authorize a per diem allowance ucless an error is apparent on the face of the order or facts indicote that an in- tended provision was omitted through error. The issue in this case is whether the travel orders of Mr. Vernon E. Adler, a former State Department emplcoyee, may be retroactively amended to change his permanent duty station so as to allow him to receive per diem allowances. We have concluded that allowances are not payable because travel orders may not be revoked or modified rotroactively so as to increase an employee's benefits unless-an error is apparent or that which was previously intended has been omitted through error or inadvertence. The record before us does not clearly indicate such an error or inadvertence in not placing Mr. Adler in a temporary duty status while he was stationed in Washington, D.C. An advance decision w an authorized certifying o Operations, Department of Mr. Adler's travel orders to change a permanent duty station. as requested by Dianne L. Ott, fficer, Office of Financial State, questioning whether could be retroactively amended station to a temporary duty 1982

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