B-167022, JUN. 18, 1969

B-167022, JUN. 18, 1969

TO MR. JOHN L. SMITH:

WE REFER TO YOUR LETTER OF MAY 16, 1969, YOUR REFERENCE AD571X12, BY WHICH YOU REQUEST OUR DECISION REGARDING THE PROPRIETY OF CERTAIN PAYMENTS MADE TO MR. HARRY M. BRAUDRICK, AN EMPLOYEE OF THE COAST AND GEODETIC SURVEY, ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION, DEPARTMENT OF COMMERCE, INCIDENT TO HIS TRANSFER OF OFFICIAL STATION WHICH WAS EFFECTIVE ON OR ABOUT AUGUST 1, 1968.

IN CONNECTION WITH THE DEACTIVATION OF THE SHIP EXPLORER, MR. BRAUDRICK WHO HAD BEEN SERVING THEREON AS A BOATSWAIN WAS ASSIGNED TO TEMPORARY DUTY ABOARD THE NEW USC-AND-GS SHIP FAIR WEATHER WHICH WAS BEING CONSTRUCTED AT JACKSONVILLE, FLORIDA. UPON COMPLETION OF THE FAIR WEATHER IT WAS DELIVERED BY SEA TO ITS HOME PORT AT SEATTLE, WASHINGTON. MR. BRAUDRICK TRAVELED TO SEATTLE ABOARD THE SHIP AT THAT TIME. HE THEN RETURNED TO JACKSONVILLE, FLORIDA, FOR TEMPORARY DUTY ABOARD THE USC-AND-GS SHIP RAINER FOR THE PURPOSE OF DELIVERING IT FROM THE SHIPYARD AT JACKSONVILLE TO SEATTLE. UPON ARRIVAL IN SEATTLE THE SECOND TIME MR. BRAUDRICK WAS ASSIGNED TO THE FAIR WEATHER FOR PERMANENT DUTY AND HIS OFFICIAL DUTY STATION WAS CHANGED FROM NORFOLK, VIRGINIA, TO SEATTLE, WASHINGTON, TO ACCORD WITH THE HOME PORT OF SUCH VESSEL. THEREAFTER HE RETURNED TO NORFOLK AT HIS OWN EXPENSE TO PICK UP HIS FAMILY. IN ADDITION TO THE ALLOWANCES FOR HIS FAMILY, MR. BRAUDRICK WAS ALLOWED PER DIEM FOR HIMSELF COVERING THE PERIOD HE SPENT TRAVELING WITH HIS FAMILY FROM NORFOLK TO SEATTLE, AS WELL AS MILEAGE AT THE RATE OF 12 CENTS PER MILE INSTEAD OF 10 CENTS, AND WAS NOT CHARGED ANNUAL LEAVE FOR THE PERIOD COVERED BY THAT TRAVEL. THIS WAS IN ACCORD WITH INFORMATION CONTAINED IN AN OFFICIAL MEMORANDUM DATED MARCH 21, 1967.

YOU QUESTION WHETHER PAYMENT OF PER DIEM WAS PROPER IN THE CIRCUMSTANCES BECAUSE MR. BRAUDRICK HAD TRAVELED TO HIS NEW HOME PORT, SEATTLE, ABOARD THE FAIR WEATHER AND PERFORMED THE ROUND-TRIP TRAVEL BETWEEN SEATTLE AND NORFOLK FOR THE SOLE PURPOSE OF ACCOMPANYING HIS FAMILY ON THEIR MOVE TO THE NEW HOME PORT.

WE HAVE CONSISTENTLY HELD THAT AN EMPLOYEE WHO IS NOTIFIED OF A CHANGE IN HIS OFFICIAL STATION WHILE AWAY FROM HIS OLD OFFICIAL STATION IS NOT ENTITLED TO BE RETURNED AT GOVERNMENT EXPENSE TO THE OLD STATION FOR THE SOLE PURPOSE OF ATTENDING TO THE PERSONAL BUSINESS OF MOVING HIS FAMILY AND HOUSEHOLD EFFECTS TO THE NEW STATION. B 140119, APRIL 6, 1960; B- 107864, FEBRUARY 28, 1952. IN THIS CASE THE EMPLOYEE TRAVELED TO HIS NEW OFFICIAL STATION ON GOVERNMENT BUSINESS. THE FACT THAT HIS FAMILY WAS NOT ABLE TO ACCOMPANY HIM ON SUCH TRAVEL IS NOT CONSIDERED AS JUSTIFYING PAYMENT BY THE GOVERNMENT OF A SECOND TRIP FOR THE EMPLOYEE FROM THE OLD TO THE NEW OFFICIAL STATION.

FOR THE REASONS STATED AMOUNTS PAID TO MR. BRAUDRICK ON ACCOUNT OF HIS TRAVEL FROM NORFOLK TO SEATTLE IN SEPTEMBER 1968 SHOULD BE RECOVERED. HOWEVER, HIS VOUCHER FOR REIMBURSEMENT OF THE COSTS OF TRAVEL FOR HIS IMMEDIATE FAMILY MAY BE RECOMPUTED ON THE BASIS OF UNACCOMPANIED TRAVEL BY HIS WIFE AND CHILDREN. SEE SUBSECTIONS 2.2B (1) AND 2.3A OF CIRCULAR NO. A-56. OTHER VOUCHERS INVOLVING SIMILAR TRAVEL OF THE CREWS OF USC-AND-GS SHIPS AND THEIR FAMILIES SHOULD BE SIMILARLY RECOMPUTED AND COLLECTION MADE OF THE AMOUNTS FOUND DUE THE UNITED STATES BECAUSE OF THE IMPROPER PAYMENTS.

REGARDING THE CHARGE OF ANNUAL LEAVE TO MR. BRAUDRICK AND THE OTHER EMPLOYEES INVOLVED FOR THE TIME SPENT TRAVELING FROM THEIR OLD OFFICIAL STATIONS TO THEIR NEW OFFICIAL STATIONS, WE BELIEVE THAT SINCE SUCH TRAVEL TIME WAS OCCASIONED BY THE CHANGES OF STATION CHARGES TO ANNUAL LEAVE ARE NOT REQUIRED.