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B-212352 1 (1983-12-23)

handle is hein.gao/gaobadlmc0001 and id is 1 raw text is: 
                   0L       THE COMPTROLLE R      NoAL

   OEClION                  OF THE UNITE         UTATE
                            WASHINGTON. 0.C. 2054U



   FILE:  B-212352               DATE: December 23, 1983

   MATTER OF:    Richard W. DuMas


   DIGEST:

        Certain employees in Panama are entitled
        to tropical differential pay if they con-
        tinuously occupy a position in Panama
        after discharge from military service.
        Under agency practice and interpretation
        of its regulations this requirement was
        satisfied despite a few days delay after
        military discharge before civilian employ-
        ment. Evidently such delay was sometimes
        administratively unavoidable. However,
        tropical differential is denied a claimant
        who delayed his civilian appointment for
        22 days to return to the United States for
        discharge and to transact personal
        business after military discharge.

     Because Mr. Richard W. DuMas had a substantial break in
service to transact personal business between his discharge
from the armed services and his appointment to a civilian
position in the former Panama Canal Zone we sustain our
Claims Group's denial of his claim for tropical differential
pay.  (Claim Settlement April 19, 1981.)

     On August 23, 1979, while still a member of the United
States Army stationed in the Panama Canal Zone (now Republic
of Panama), Mr. DuMas was selected to fill the position of
Sports Specialist as an Army civilian employee in Panama.
He requested that his entry on duty in the civilian position
be delayed until the Army returned him to the United States
for military discharge and until he transacted certain per-
sonal business there. After his discharge on September 6,
1979, at Fort Jackson, South Carolina, and after completion
of his personal business, he returned to Panama at his own
expense where he entered on duty in the civilian position
effective September 29, 1979.

     The regulation covering tropical differential for
certain employees within the Panama Canal Employment System
provided:

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