(Classified) - RECLAIM OF DISALLOWED PER DIEM

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP68-00140R000100060013-1
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 3
• Document Creation Date: December 9, 2016
• Document Release Date: August 16, 2001
• Sequence Number: 13
• Publication Date: October 12, 1964
• Content Type: MF

Approved For Release 2001/08 ~ ~;11O0140R000100060013-1
12 OCT 1964
MEMORANDUM FOR: Special Support Assistant to the DD/S
SUBJECT:
- Reclaim of Disallowed Per Diem
1, Pursuant to discussion of an earlier date with of your
staff, there is attached hereto documentation relative to the Subject
reclaim of disallowed per diem.
2. Briefly stated, the facts of this case are these:
ospitalized for some time over five days (a second child
was
hospitalized briefly on 6 June, dying on that same day). On 12 June, Subject
was discharged from the hospital and returned to Headquarters from which
he departed on 1.3 June for a period of sick leave through 7 July. Between
the dates of 8 and 10 July Subject returned to duty and then resumed a sick
leave status from 11-21 July returning finally to duty on 22 July 1963.
3. Following this accident Subject submitted a claim for compensation
under the Federal Employee Compensation Act, This claim was denied on
August 5th 1964, the denial being based on a determination that Subject was
not in performance of duty when injured by virtue of the fact that he had
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deviated from the usually traveled route between the official point of
on in and his ultimate point of destination, that this deviation was for
personal reasons unassociated with the nature of his
u ies, an a
Psuch deviation continued through the period in which
the injuries to Subject and his family occurred.
4. Subject's further Agency-internal claim for per diem for the
period 6 June - 11 June was disallowed presumably because no per diem
was to be allowed where Subject received any reimbursement during the
period of Subject's hospitalization.
5. Addressing ourselves to the latter point for the moment, while
it is true that no per diem may be paid where an employee receives
hospitalization under any Federal statute or receive reimbursement under
such statute for hospitalization expenses paid by him, Subject did not, in
fact, receive any such compensation under such a statute. Further, it would
appear from Comptroller General Decision B-143846, that the reimbursement
for hospital expenses which Subject received under his Agency sponsored
health plan did not act to preclude him from receiving per diem for the
period of hospitalization as claimed.
6. With respect to the Bureau of Employee Compensation's denial
of Subject's claim, it is our belief that some clarification of Subject's
"duty status" at the time of the accident might be in order. While
Subject's period of leave between 3 pm on 1 June and 10 am on June 6th
1963 might operate to deprive him of certain benefits of Federal Employee
Compensation Act, the question arises as to whether he was not in fact in
a duty status when at 10 am on the morning of 6 June he resumed his official
travel enroute to his PCS point; such travel being in compliance with an
official travel order, FE 1523-63 and Amendment #1 which authorized
Subject's travel from Washington, D. C. to and authorized
as well travel by POA as more advantageou overnment. It is our
belief that Comptroller General Decision 151877 has some significance on
this point.
7. It is requested that your office review the attached claims and
advise as to your concurrence or non-concurrence with our recommenda-
tion that per diem for the period in question be authorized. It would also
be appreciated if the matter of Subject's BEC claim be reviewed to determine
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 CONNFUNTIAL
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whether or not the possibility of future relief from this quarter might be
possible, it being understood, of course, that if
receive any compensation under FECA a refund o anyg y enc we red per
diem would be in order. -p p
Chief , Far East Division
Distribution:
Orig. - CFE/Support
2 - SSA-DD/ S
1 - FE/-
1 - FE/ PERS
1 - FE/ Support
(22 Oct 6l - Orig retained in SSA-DD/S Subj File;
2 ccs destroyed this date.)
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UNFIDENTIAL