B-129252, FEB. 25, 1957

B-129252, FEB. 25, 1957

TO MR. LOUIS G. WHITCOMB:

YOUR LETTER OF DECEMBER 7, 1956, TRANSMITTED HERE BY THE DEPUTY ATTORNEY GENERAL ON JANUARY 17, 1957, REQUESTS US TO RECONSIDER OUR DECISION OF OCTOBER 3, 1956, TO YOU. IN THAT DECISION WE SUSTAINED AUDIT EXCEPTIONS TO PAYMENTS MADE BY YOU TO YOURSELF COVERING PER DIEM IN LIEU OF SUBSISTENCE WHILE AT BURLINGTON, VERMONT, PRIOR TO SEPTEMBER 1, 1955, THE RECORD INDICATING THAT YOU HAD DUAL LOCATED AT SPRINGFIELD AND BURLINGTON.

YOU AND THE DEPUTY ATTORNEY GENERAL URGE THAT IT WAS NOT THE ADMINISTRATIVE INTENT TO DESIGNATE BURLINGTON AS YOUR HEADQUARTERS, THAT THE INTENTION WAS THAT YOUR HEADQUARTERS SHOULD BE AT YOUR HOME IN SPRINGFIELD UNTIL THEY WERE CHANGED TO RUTLAND.

NOTWITHSTANDING SUCH STATEMENT OF ADMINISTRATIVE INTENTION, ALL ADMINISTRATIVE ACTIONS PRIOR TO THE ACTUAL TRANSFER OF YOUR HEADQUARTERS TO RUTLAND DESIGNATED YOUR HEADQUARTERS AS SPRINGFIELD AND BURLINGTON, VERMONT. ALL OF YOUR TRAVEL VOUCHERS NAMED BOTH SPRINGFIELD AND BURLINGTON AS YOUR HEADQUARTERS AND WERE CERTIFIED BY YOU PERSONALLY AS BEING "CORRECT AND JUST IN ALL SPECTS.' ALSO, IT IS A GENERAL REQUIREMENT THAT THE HEADQUARTERS OF AN OFFICER OR AN EMPLOYEE OF THE UNITED STATES BE FIXED WHERE THE GREATER PORTION OF HIS OFFICIAL BUSINESS IS PERFORMED. THE VOUCHERS SUBMITTED BY YOU INDICATE THAT A PREPONDERANCE OF YOUR OFFICIAL DUTIES DURING THE INVOLVED PERIOD WERE PERFORMED AT SPRINGFIELD AND BURLINGTON--- PARTICULARLY AT BURLINGTON. IN THE CIRCUMSTANCES, WE DO NOT FEEL THAT ANY SUCH SUBSEQUENT STATEMENT OF ADMINISTRATIVE INTENTION SHOULD OVERCOME THE WRITTEN RECORD MADE CURRENTLY AND CERTIFIED BY YOU AS CORRECT AND JUST.

UPON RECONSIDERATION THE DECISION OF OCTOBER 3, 1956, IS SUSTAINED.