B-141969, AUG. 20, 1969

B-141969, AUG. 20, 1969

CIVIL PAY - TRAVEL EXPENSES - ANNUAL LEAVE STATUS - ADMINISTRATIVE DETERMINATION DECISION TO CERTIFYING OFFICER OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONCERNING PAYMENT INCIDENT TO RETURN OF EMPLOYEE FROM ANNUAL LEAVE SITE FOR OFFICIAL TRAVEL. EMPLOYEE WHO WAS REQUIRED TO INTERRUPT ANNUAL LEAVE TO RETURN TO OFFICIAL HEADQUARTERS TO ACCOMPANY OFFICER ON OFFICIAL TRIP AND WHO DID NOT RESUME ANNUAL LEAVE STATUS MAY HAVE ADMINISTRATIVE DETERMINATION THAT IT WOULD BE UNREASONABLE TO REQUIRE THE EMPLOYEE TO ASSUME EXPENSE OF RETURNING FROM LEAVE SITE TO AIRPORT AT HEADQUARTERS TO COMMENCE OFFICIAL TRAVEL. THEREFORE TRAVEL EXPENSE VOUCHER MAY BE CERTIFIED FOR PAYMENT.

TO MRS. LUELLA S. HOWARD:

YOUR UNDATED LETTER RECEIVED HERE JUNE 19, 1969, SUBMITS FOR OUR DECISION A RECLAIM VOUCHER, WITH RELATED PAPERS, IN THE AMOUNT OF $88, SIGNED BY JEFFREY S. WOOD, COVERING TRAVEL EXPENSES INCURRED ON APRIL 13, 1969. YOU ASK WHETHER THE VOUCHER MAY BE CERTIFIED FOR PAYMENT UNDER THE FACTS AND CIRCUMSTANCES SET OUT HEREINAFTER.

THE RECORD SHOWS THAT MR. WOOD WAS ON VACATION IN FLORIDA (ANNUAL LEAVE STATUS), THURSDAY, APRIL 10 THROUGH MONDAY, APRIL 14, 1969. ON FRIDAY AFTERNOON HE WAS REQUESTED BY TELEPHONE AT THE DIRECTION OF MR. FLOYD H. HYDE, ASSISTANT SECRETARY, TO RETURN TO WASHINGTON, D.C., IN TIME TO ACCOMPANY HIM AND OTHERS ON AN OFFICIAL TRIP BY AIR TO SEATTLE, WASHINGTON, AND OTHER POINTS. SUCH TRIP WAS SCHEDULED TO LEAVE DULLES AIRPORT SUNDAY NIGHT, APRIL 13. WE NOTE THE STATEMENT BY THE ASSISTANT SECRETARY THAT MR. WOOD WAS ONE OF THE MOST KNOWLEDGEABLE PERSONS CONCERNING THE PROBLEMS INVOLVED IN THE PROPOSED TRIP. ALSO, WE NOTE THAT MR. WOOD WAS ADVISED THAT HIS RETURN EXPENSES WOULD BE PAID BY THE GOVERNMENT.

HE DEPARTED MELBORNE, FLORIDA, ON APRIL 13, 1969, CLAIMING ONE QUARTER DAY PER DIEM AT THE RATE OF $16, AND HE ADVISES HE WAS REQUIRED TO USE FIRST CLASS AIR ACCOMMODATIONS TO ATLANTA, GEORGIA, NO LOWER CLASS ACCOMMODATIONS BEING AVAILABLE AT THE TIME. THE RECORD SHOWS HE JOINED ASSISTANT SECRETARY HYDE AT DULLES AIRPORT ONLY 55 MINUTES BEFORE THE OFFICIAL PARTY DEPARTED FOR SEATTLE, DURING WHICH TIME HE WAS BRIEFED CONCERNING THE PROSPECTIVE TRIP. THE RECORD INDICATES THERE WAS NO RESUMPTION OF ANNUAL LEAVE STATUS BY MR. WOOD AFTER HIS RECALL.

FURTHER THE RECORD SHOWS THAT ADMINISTRATIVE ACTION WAS TAKEN TO DISALLOW THE COST OF RETURN TRANSPORTATION, $84, PLUS ONE-QUARTER PER DIEM, $4, OR A TOTAL OF $88, ON THE BASIS OF OUR DECISION 39 COMP. GEN. 611 (B-141969, MARCH 1, 1960), WHEREIN IT WAS HELD, QUOTING FROM THE SYLLABI, IN PERTINENT PART, AS FOLLOWS:

"ALTHOUGH GENERALLY EMPLOYEES WHO ARE AWAY FROM THEIR PERMANENT DUTY STATIONS IN AN ANNUAL LEAVE STATUS AND WHO ARE ORDERED TO RETURN TO HEADQUARTERS FOR OFFICIAL DUTY ARE NOT ENTITLED TO REIMBURSEMENT FOR TRAVEL EXPENSES FOR RETURN TO HEADQUARTERS, THERE MAY BE CASES WHERE THE RETURN TRAVEL BECAUSE OF URGENT AND UNFORESEEN OFFICIAL CIRCUMSTANCES WOULD JUSTIFY REIMBURSEMENT TO THE EMPLOYEE FOR RETURN TRAVEL.

"AN ADMINISTRATIVE REGULATION WHICH WOULD PERMIT REIMBURSEMENT FOR TRAVEL EXPENSES WHEN EMPLOYEES WHO ARE AUTHORIZED ANNUAL LEAVE FOR FIVE DAYS OR MORE ARE RECALLED TO THEIR PERMANENT DUTY STATION WITHIN 24 HOURS AFTER DEPARTURE BECAUSE OF AN URGENT UNFORESEEN CIRCUMSTANCE WOULD BE PROPER, PROVIDED THAT THE TRAVEL ORDER CLEARLY INDICATES THAT AN ADMINISTRATIVE DETERMINATION HAS BEEN MADE THAT IT WOULD BE UNREASONABLE TO REQUIRE THE EMPLOYEE TO ASSUME THE ADDITIONAL TRAVEL EXPENSE IN COMPLIANCE WITH THE RECALL ORDER.

"SINCE THE USE OF ANNUAL LEAVE IS NO LONGER A PRIVILEGE BUT AN ABSOLUTE RIGHT, SUBJECT TO THE AUTHORITY OF THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED TO FIX THE TIME AT WHICH THE LEAVE MAY BE TAKEN, THE HOLDING IN 3 COMP. GEN. 760, THAT AN EMPLOYEE WHO IS REQUIRED TO INTERRUPT HIS ANNUAL LEAVE STATUS TO RETURN TO HEADQUARTERS FOR OFFICIAL DUTY IS NOT ENTITLED TO REIMBURSEMENT FOR THE TRAVEL EXPENSES FOR RETURN TO HEADQUARTERS * * * IS NO LONGER FOR LICATION.'

IN VIEW OF THE URGENT OFFICIAL NEED FOR MR. WOOD'S SERVICES AS NOW REFLECTED BY THE RECORD, PLUS THE FACT THAT WE UNDERSTAND INFORMALLY THAT YOUR AGENCY HAS NO ADMINISTRATIVE REGULATION SPECIFICALLY PRESCRIBING THE PERIOD OF TIME WITHIN WHICH RECALL MUST BE MADE OR SETTING A MINIMUM ON THE AMOUNT OF ANNUAL LEAVE GRANTED, WE WOULD NOT OBJECT TO AN ADMINISTRATIVE DETERMINATION THAT IT WOULD BE UNREASONABLE TO REQUIRE THE EMPLOYEE TO ASSUME THE EXPENSES IN RETURNING FROM FLORIDA TO DULLES AIRPORT.

THE VOUCHER WITH RELATED PAPERS IS RETURNED HEREWITH FOR HANDLING IN ACCORDANCE WITH THE ABOVE.