B-134092, MAY 7, 1958

B-134092, MAY 7, 1958

TO MR. RAYMOND STADELMAN:

YOUR REGISTERED LETTER OF MARCH 11, 1958, REQUESTS RECONSIDERATION OF THE CALCULATION OF PER DIEM ALLOWED YOU IN OUR SETTLEMENT OF APRIL 29, 1957, IN CONNECTION WITH REEMPLOYMENT LEAVE GRANTED YOU AS AN EMPLOYEE OF THE INSTITUTE OF INTER-AMERICAN AFFAIRS, INTERNATIONAL CORPORATION ADMINISTRATION.

THE FACTS IN YOUR CASE ARE FULLY SET FORTH IN OUR DECISION TO YOU OF JANUARY 31, 1958, AND NEED NOT BE REPEATED HERE.

BEFORE WE DISCUSS THE VARIOUS PHASES OF THE TRAVEL IN QUESTION, WHICH YOU WISH TO HAVE RECONSIDERED BY OUR OFFICE, IT IS NOTED THAT BY TRAVEL AUTHORIZATION NO. COL. 128-54, DATED MARCH 22, 1954, EFFECTIVE THE SAME DAY, YOU WERE AUTHORIZED TO TRAVEL FROM VILLA ARTEAGA TO CHICAGO AND RETURN FOR HOME LEAVE IN ACCORDANCE WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND/OR INSTITUTE OF INTER-AMERICAN AFFAIRS ADMINISTRATIVE FIELD MANUAL. IN COMMENCING YOUR TRAVEL YOU LEFT YOUR HEADQUARTERS AT VILLA ARTEAGA ON APRIL 5, 1954, OR THREE DAYS BEFORE BOARDING A PLANE AT MEDELLIN. THE TRAVEL FROM VILLA ARTEAGA TO MEDELLIN TAKES APPROXIMATELY 10 HOURS BY AUTOMOBILE. YOU WERE IN MEDELLIN THREE DAYS BEFORE YOU LEFT FOR PANAMA CITY ON APRIL 8, 1954. YOU SAY THAT YOU DEPARTED FROM YOUR STATION ON APRIL 5 TO MAKE YOUR OWN RESERVATIONS FOR TRAVEL BECAUSE YOUR PLACE OF EMPLOYMENT WAS WITHOUT SATISFACTORY MEANS OF COMMUNICATION TO MAKE THE NECESSARY ARRANGEMENTS.

IN RESPONSE TO A LETTER FROM OUR OFFICE, RELATIVE TO YOUR TRIP TO THE UNITED STATES, WE HAVE ON FILE AN AIRGRAM FROM USOM/COLUMBIA, DATED JANUARY 24, 1957, REFERENCE IGATO A-287, SERIAL NUMBER TOICA A 294, SIGNED BY CROCKER, ACTING, WHICH STATES IN PART AS FOLLOWS:

"* * * UNLESS THERE ARE EXTENUATING CIRCUMSTANCES, LAST MINUTE CHANGES, REROUTING, FLIGHT CANCELLATION, ETC., THE ADMINISTRATIVE OFFICE AT ALL TIMES HAS CONFIRMED TRAVEL TO THE UNITED STATES FROM ANY AND ALL POSTS WITHIN THE COUNTRY OF COLUMBIA.

"* * * COMMUNICATIONS, WHILE CONSIDERED ONLY FAIR, ARE AMPLE TO MEET OTHER THAN EXTREME EMERGENCIES. THIS OFFICE, CONSIDERS, HOWEVER, THAT ALL ADMINISTRATIVE MATTERS FOR MR. STADELMAN CAN BE HANDLED IN A SIMILAR MANNER AS THE PROBLEMS THAT ARISE IN THE CENTRAL OFFICE IN BOGOTA PROVIDING THAT THIS OFFICE IS NOTIFIED BY MR. STADELMAN OF HIS REQUIREMENTS. SPECIFICALLY ALL TYPES OF PURCHASES CAN BE MADE, ALL ARRANGEMENTS FOR INTERNATIONAL TRAVEL CAN BE MADE AND CONFIRMED, ALL WITHOUT THE NECESSITY OF MR. STADELMAN'S LEAVING HIS POST.'

FROM THE AIRGRAM IT APPEARS THAT ALL NECESSARY ARRANGEMENTS FOR YOUR TRAVEL COULD HAVE BEEN MADE THROUGH THE ADMINISTRATIVE OFFICE WITHOUT THE NECESSITY OF YOUR LEAVING YOUR POST OF DUTY. IF YOU HAD MADE TRAVEL ARRANGEMENTS THROUGH OUR ADMINISTRATIVE OFFICE YOU COULD HAVE LEFT YOUR POST OF DUTY ON APRIL 7, 1954, AND ARRIVED AT MEDELLIN IN TIME FOR THE FLIGHT ON APRIL 8, 1954. UPON CONSIDERATION OF THE CIRCUMSTANCES AS SET FORTH BY YOU, HOWEVER, WE AUTHORIZED ALLOWANCE OF PER DIEM AT MEDELLIN, NOTWITHSTANDING EVIDENCE OF A PREMATURE DEPARTURE FROM VILLA ARTEAGA AND THE REALIZATION THAT A SUBSTANTIAL BASIS EXISTED FOR DISALLOWANCE OF PER DIEM FOR THE PERIOD OF DELAY IN MEDELLIN.

IT IS YOUR CONTENTION THAT CERTAIN ERRORS WERE MADE IN THE COMPUTATION OF PER DIEM AS ALLOWED YOU INCIDENT TO TRAVEL FROM VILLA ARTEAGA, COLUMBIA, TO CHICAGO, ILLINOIS, FOR HOME LEAVE AND RETURN. YOU HAVE BROKEN YOUR DISCUSSION DOWN INTO FOUR PARTS AND FOR CONVENIENCE PURPOSES THE MATTER WILL BE DISCUSSED IN THE MANNER PRESENTED.

PART 1. THAT PORTION OF THE TRIP FROM VILLA ARTEAGA TO MEXICO, D.F.

IN COMPUTING THE PER DIEM WHICH YOU ALLEGE IS THE CORRECT PER DIEM WE NOTE THAT YOU SHOW YOUR ACTUAL DEPARTURE FROM MEDELLIN FOR PANAMA CITY AS APRIL 8, 1954, AT 9:00 A.M. THE OFFICIAL AIRLINE GUIDE ON FILE IN OUR OFFICE SHOWS THAT AVIANCA AIR LINES IS THE ONLY AIR LINE HAVING INTERNATIONAL FLIGHTS OUT OF MEDELLIN AND THAT NO FLIGHT WAS SCHEDULED FOR APRIL 8, 1954, TO PANAMA CITY. THE NEXT SCHEDULED FLIGHT OUT OF MEDELLIN FOR PANAMA CITY AFTER APRIL 8, 1954, IS LISTED AT 10:30 A.M., APRIL 9, 1954, WHICH WAS THE DATE AND TIME THAT WAS USED IN SCHEDULE C IN COMPUTING YOUR PER DIEM IN LIEU OF SUBSISTENCE. AS SHOWN ON SCHEDULE C IN OUR LETTER OF NOVEMBER 19, 1957, TO YOU, PER DIEM WAS AUTHORIZED FOR AIR TRAVEL FROM PANAMA TO MEXICO, A ONE DAY STOPOVER IN MEXICO, AND SEVEN DAYS TRAVEL TIME TO CHICAGO BY AUTOMOBILE. IT APPEARS TO BE YOUR CONTENTION THAT WHILE YOU ARE IN A TRAVEL STATUS YOU ARE NOT REQUIRED TO TRAVEL ON NONWORK DAYS FOR WHICH SALARY IS NOT PAYABLE AND WOULD BE ENTITLED TO PER DIEM FOR THESE DAYS WHILE AWAY FROM YOUR HEADQUARTERS.

WE EXPLAINED IN OUR DECISION OF JANUARY 31, 1958, B-134092, TO YOU THAT WE HELD IN 31 COMP. GEN. 278, THAT AN EMPLOYEE MAY BE REQUIRED TO TRAVEL ON NONWORK DAYS AND MAY NOT PROPERLY REFUSE TO UNDERTAKE SUCH TRAVEL SOLELY BECAUSE OVERTIME COMPENSATION IS NOT PAID FOR TRAVEL TIME. IN THAT REGARD, WE DIRECT YOUR ATTENTION TO PARAGRAPHS 1 AND 49 (NOW SECTIONS 1.1 AND 6.10) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. ALSO, IN 2 COMP. GEN. 708, WE HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

"THE AVOIDING OF TRAVEL ON SUNDAY IS NOT A SUFFICIENT EXCUSE TO ENTITLE AN EMPLOYEE OF THE TREASURY DEPARTMENT TO REIMBURSEMENT FOR THE EXTRA DAY'S SUBSISTENCE EXPENSE INCURRED WHEN LEAVING HIS PERMANENT DUTY STATION ONE DAY EARLIER THAN ORDINARILY REQUIRED TO REACH HIS TEMPORARY DUTY STATION AT THE APPOINTED TIME.'

PART 2. THAT PORTION OF THE TRIP FROM MEXICO, D.F., TO CHICAGO.

IN COMPUTING THE RATE OF PER DIEM FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE IN THE UNITED STATES YOU WERE ALLOWED 300 MILES PER DAY. IT IS YOUR CONTENTION THAT A TRAVELER WITH TWO SMALL CHILDREN IS NOT EXPECTED TO TRAVEL 300 MILES PER DAY CONTINUOUSLY FOR SEVEN DAYS. GENERALLY THE QUESTION OF WHAT DISTANCE AN EMPLOYEE SHOULD TRAVEL DAILY FOR THE PURPOSE OF COMPUTING PER DIEM, WHEN AUTHORIZED TO USE HIS PRIVATELY OWNED AUTOMOBILE, IS BASICALLY AN ADMINISTRATIVE MATTER. IT HAS BEEN INFORMALLY ASCERTAINED FROM THE INTERNATIONAL COOPERATION ADMINISTRATION, WHICH SUCCEEDED THE FOREIGN OPERATIONS ADMINISTRATION, THAT IT IS THEIR POLICY TO EXPECT AN EMPLOYEE TRAVELING BY PRIVATELY OWNED AUTOMOBILE IN THE UNITED STATES TO TRAVEL APPROXIMATELY 350 MILES A DAY. YOU ALSO CONTEND THAT YOU SHOULD BE ENTITLED TO ADDITIONAL COMPENSATION FOR TRAVELING ON NONWORK DAYS. IN CONSIDERING PART 1 OF YOUR TRAVEL FROM VILLA ARTEAGA TO MEXICO, D.F., THE MATTER OF AN EMPLOYEE TRAVELING ON NONWORK DAYS WAS DISCUSSED AND NEED NOT BE GONE INTO FURTHER HERE.

PART 3. THAT PORTION OF THE TRIP FROM CHICAGO TO WASHINGTON AND RETURN.

YOU SAY THAT YOU ARE ENTITLED TO AN ADDITIONAL 1/4 DAY PER DIEM ON JULY 5 AND 2 DAYS ADDITIONAL PER DIEM (SATURDAY AND SUNDAY, JULY 17 AND 18) INCIDENT TO TEMPORARY DUTY IN WASHINGTON, D.C. YOU WERE ALLOWED 3/4 DAY PER DIEM ON JULY 5 (LEAVE CHICAGO 7:30 A.M.). YOU RETURNED FRIDAY, JULY 16, 1954, AT 10:15 P.M., TO RESUME YOUR LEAVE IN CHICAGO AND WERE ALLOWED PER DIEM UNTIL MIDNIGHT THAT DAY. IN SUPPORT OF YOUR CLAIM YOU REFER TO SECTION 45A OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. SECTION 45A (NOW SECTION 6.3) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, IN EFFECT AT THE TIME OF THE TRAVEL, RELATES TO AN EMPLOYEE IN A TEMPORARY DUTY AND PER DIEM STATUS WHO INTERRUPTS HIS TEMPORARY DUTY FOR LEAVE PURPOSES AND RETURNS TO TEMPORARY DUTY AND PER DIEM STATUS. IT HAS NO APPLICATION TO AN EMPLOYEE ON HOME LEAVE AT HIS PLACE OF RESIDENCE IN THE UNITED STATES WHO IS REQUIRED TO PERFORM TEMPORARY DUTY AT A DIFFERENT CITY AND THEN RETURNS TO A HOME LEAVE STATUS AT HIS PLACE OF RESIDENCE.

PART 4. THAT PORTION OF THE TRIP FROM CHICAGO TO VILLA ARTEAGA.

BY OUR OFFICE SETTLEMENT DATED FEBRUARY 10, 1958, YOU WERE AUTHORIZED PAYMENT OF AN ADDITIONAL AMOUNT OF $56.25, REPRESENTING ONE AND 1/4 DAYS PER DIEM IN LIEU OF SUBSISTENCE AT THE RATE OF $15 FOR THREE PERSONS, BECAUSE OF A DELAY DUE TO A LANDSLIDE BLOCKING THE ROAD IN TRAVELING FROM MEDELLIN TO VILLA ARTEAGA. CONCERNING YOUR TRAVEL ON NONWORK DAYS, THIS MATTER WAS TAKEN UP IN DISCUSSING THAT PART OF YOUR TRAVEL FROM VILLA ARTEAGA AND NEED NOT BE DISCUSSED FURTHER. IT IS STATED BY YOU THAT IT WAS NECESSARY FOR YOUR WIFE AND CHILDREN TO RECEIVE YELLOW FEVER INOCULATIONS AT NEW ORLEANS, LOUISIANA, AND THESE INOCULATIONS WERE AVAILABLE ONLY AT THE UNITED STATES PUBLIC HEALTH SERVICE IN NEW ORLEANS ON TUESDAYS AND THURSDAYS. EXAMINATION OF SCHEDULES B AND C, IN OUR LETTER OF NOVEMBER 19, 1957, TO YOU, WILL SHOW THAT PER DIEM WAS ALLOWED FOR THREE DAYS TRAVEL TIME (JULY 17 TO 19) TO NEW ORLEANS, AND ONE DAY (TUESDAY, JULY 20) IN NEW ORLEANS. PER DIEM FOR TRAVEL TIME WAS BASED UPON THE TIMES, AS SHOWN IN SCHEDULE B, FOR TRAVEL FROM NEW ORLEANS TO VILLA ARTEAGA. THE $125.25 PER DIEM SHOWN ON SCHEDULE C IS BROKEN DOWN ON SCHEDULE B INTO $4.50, $19.50, AND $101.25.

THE MILEAGE FIGURES USED IN COMPUTING TRAVEL BY PRIVATELY OWNED AUTOMOBILE BETWEEN THE POINTS IN QUESTION WERE OBTAINED FROM THE HOUSEHOLD GOODS CARRIERS' BUREAU MILEAGE GUIDE NO. 6. THERE IS ENCLOSED A COPY OF B -107062, DATED JANUARY 11, 1952, 31 COMP. GEN. 278, FOR YOUR INFORMATION. ADDITIONALLY, WE DIRECT YOUR ATTENTION TO THE FACT THAT THE TRAVEL AS ALLOWED WAS ACTUALLY SLIGHTLY IN EXCESS OF CONSTRUCTIVE COMMON CARRIER TRAVEL. OUR OFFICE CONCLUDED FROM THE RECORD BEFORE US THAT THE ADMINISTRATIVE OFFICE HAD APPROVED AS ADVANTAGEOUS TO THE UNITED STATES USE OF YOUR AUTOMOBILE AT THE RATE OF 7 CENTS PER MILE AS REQUIRED BY PARAGRAPH 12A (NOW SECTION 3.5B) OF THE TRAVEL REGULATIONS.

UPON REVIEW OF YOUR CLAIM WE FIND NO ADDITIONAL SUM DUE YOU.

YOUR CLAIM FOR TRAVEL EXPENSES AND PER DIEM PURSUANT TO TRAVEL AUTHORIZATION COL. 105-57 (INT.) DATED OCTOBER 2, 1956, AS AMENDED, HAS BEEN RECEIVED IN OUR OFFICE AND HAS BEEN FORWARDED TO OUR CLAIMS DIVISION FOR APPROPRIATE ACTION. YOU WILL BE NOTIFIED IN DUE COURSE OF THE ACTION TAKEN. ANY FURTHER CORRESPONDENCE IN THE MATTER SHOULD BE ADDRESSED TO THE CLAIMS DIVISION, GENERAL ACCOUNTING OFFICE,WASHINGTON 25, D.C. ..END :