B-167183, JUL. 23, 1969

B-167183, JUL. 23, 1969

CIVIL PAY - TRAVEL EXPENSES - FARES DECISION TO CERTIFYING OFFICER OF PUBLIC HEALTH SERVICE AUTHORIZING CERTIFICATION OF VOUCHER FOR DIFFERENCE BETWEEN COST OF RETURN FROM TEMPORARY DUTY BY REGULAR FARE ($80) AND COST OF RETURN ON BASIS OF EXCURSION RATE FARE ($60). EMPLOYEE WHO RETURNED FROM TEMPORARY DUTY BY INDIRECT ROUTE USING EXCURSION FARE RATE WHICH RATE WAS NOT AVAILABLE FOR DIRECT RETURN MAY BE ALLOWED DIFFERENCE ON BASIS OF ENTITLEMENT TO CONSTRUCTIVE COST OF AIR TRAVEL.

TO MR. CHARLES E. EBY, JR.:

THIS REFERS TO YOUR LETTER OF JUNE 2, 1969, REFERENCE HSMHA:OFM, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER YOU MAY CERTIFY THE RECLAIM VOUCHER OF MRS. LILLIAN J. LOWE IN THE AMOUNT OF $21.

THE INFORMATION FURNISHED SHOWS THAT MRS. LOWE PURCHASED AN EXCURSION ROUND-TRIP TICKET FROM WASHINGTON, D.C., TO ATLANTA, GEORGIA, WITH THE RETURN VIA NEW ORLEANS, LOUISIANA. THE FARE WAS $101. THE OFFICIAL TRIP WAS TO ATLANTA ONLY. THE STOPOVER IN NEW ORLEANS WAS FOR PERSONAL REASONS. THE EXCURSION FARE DIRECT TO ATLANTA AND RETURN WOULD HAVE BEEN $60. REGULAR Y CLASS FARE DIRECT TO ATLANTA AND BACK WOULD HAVE BEEN $80. MRS. LOWE LEFT WASHINGTON, D.C., ON NOVEMBER 20, 1968, AND COMPLETED THE TEMPORARY DUTY IN ATLANTA ON NOVEMBER 22, 1968. THE ADMINISTRATIVE OFFICER OF THE SECTION WHERE MRS. LOWE WORKED TRAVELED ON THE SAME TRIP AND RETURNED TO WASHINGTON, D.C., ON THE EVENING OF NOVEMBER 22, 1968, AND HER PLANE FARE WAS APPROVED FOR $80. MRS. LOWE WAS ALLOWED THE SAME PER DIEM IN LIEU OF SUBSISTENCE AS THE ADMINISTRATIVE OFFICER.

MRS. LOWE IS CLAIMING $21 ($20 PLUS $1 TAX) WHICH IS THE DIFFERENCE BETWEEN $80, THE COST OF Y CLASS FARE BY DIRECT ROUTE AND $60 SHE WAS ALLOWED WHICH IS THE EXCURSION FARE BY DIRECT ROUTE.

PARAGRAPH 3.3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES IN PART:

"INDIRECT-ROUTE OR INTERRUPTED TRAVEL.--- IN CASE A PERSON FOR HIS OWN CONVENIENCE TRAVELS BY AN INDIRECT ROUTE OR INTERRUPTS TRAVEL BY DIRECT ROUTE, THE EXTRA EXPENSE WILL BE BORNE BY HIM. * * *"

THE ABOVE-QUOTED REGULATION LIMITS THE ALLOWABLE TRAVEL EXPENSES NOT TO EXCEED THOSE OVER A USUALLY TRAVELED ROUTE. THE INFORMATION FURNISHED SHOWS THAT IF MRS. LOWE HAD RETURNED TO WASHINGTON, D.C., HER HEADQUARTERS, IMMEDIATELY AFTER THE COMPLETION OF HER TEMPORARY DUTY THE GOVERNMENT WOULD HAVE HAD TO PAY THE REGULAR FARE OF $80. THE FILE INDICATES THAT AT THAT TIME THE DIRECT EXCURSION FARE WOULD NOT HAVE BEEN AVAILABLE.

THEREFORE, SINCE MRS. LOWE WAS ENTITLED TO CONSTRUCTIVE COST OF AIR TRAVEL UPON COMPLETION OF HER TEMPORARY DUTY ON NOVEMBER 22, 1968, THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT. SEE B-165854, FEBRUARY 4, 1969, (COPY ENCLOSED).