A-75443, JUNE 30, 1936, 15 COMP. GEN. 1147

A-75443, JUNE 30, 1936, 15 COMP. GEN. 1147

TRANSPORTATION - AIR TRAVEL - APPLICATION OF SALARY SAVINGS TO EXCESS COST OF SUCH TRAVEL THE TERM "THE TIME THUS SAVED" AS APPEARING IN PARAGRAPH 8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AS REVISED DECEMBER 10, 1935, IN CONNECTION WITH THE APPLICATION OF SALARY SAVINGS TO THE EXCESS COSTS OF AIRPLANE TRAVEL, IS EXCLUSIVE OF SUNDAYS, HOLIDAYS, SATURDAY AFTERNOONS, OR OTHER DAYS OR PARTS OF DAYS WHICH ARE NOT OFFICIAL PERIODS OF DUTY AT THE EMPLOYEE'S STATION.

DECISION BY ACTING COMPTROLLER GENERAL ELLIOTT, JUNE 30, 1936:

THERE HAS BEEN SUBMITTED TO THIS OFFICE BY THE RESETTLEMENT ADMINISTRATION FOR PREAUDIT A VOUCHER PROPOSING TO PAY JOHN E. DIETZ, SPECIAL AGENT, INVESTIGATION DIVISION, THE AMOUNT OF $112.70 AS REIMBURSEMENT OF EXPENSES FOR OFFICIAL TRAVEL FROM BERKELEY, CALIF., TO ALBUQUERQUE, N. MEX., AND RETURN, MARCH 1 TO 19, 1936.

THE TRAVEL WAS PERFORMED BY AIRPLANE FROM OAKLAND, CALIF., TO ALBUQUERQUE AND, ON THE RETURN TRIP, FROM AMARILLO, TEX., TO OAKLAND. THE VOUCHER SHOWS THE TRAVELER ARRIVED BACK AT HIS OFFICIAL STATION THURSDAY EVENING, MARCH 19, 1936, WHEREAS, IF THE SAME TRAVEL HAD ALL BEEN PERFORMED BY RAIL HE WOULD NOT HAVE ARRIVED BACK UNTIL SUNDAY EVENING, MARCH 22, 1936, OR A DIFFERENCE OF 3 CALENDAR DAYS, AND THE AMOUNT OF HIS SALARY FOR SUCH 3 DAYS, OR $24.15, IS CLAIMED AS A CREDIT AGAINST THE EXCESS COST OF AIR LINE TRANSPORTATION OVER WHAT RAIL TRANSPORTATION WOULD HAVE COST FOR THE TRIP, IT APPEARING THAT, BY RAIL, THE TRANSPORTATION, INCLUDING SUBSISTENCE, WOULD HAVE COST $191.75, WHEREAS THE COST THEREOF FOR THE AIR TRAVEL WAS $220.03.

PARAGRAPH 8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AS REVISED DECEMBER 10, 1935, PROVIDES, IN PART---

* * * TRANSPORTATION BY AIR LINES WILL BE ALLOWED, PROVIDED THE COST THEREOF, LESS (1) THE AMOUNT OF SUBSISTENCE ALLOWANCE SAVED BY MORE EXPEDITIOUS TRAVEL, AND (2) THE AMOUNT OF THE SALARY OF THE TRAVELER FOR THE TIME THUS SAVED, DOES NOT EXCEED THE COST OF RAIL OR STEAMER TRANSPORTATION AND PULLMAN AND/OR STATEROOM FARE BETWEEN THE POINTS OF TRAVEL. * * *

THE OBVIOUS PURPOSE OF THIS REGULATION IS TO PERMIT AIR LINE TRAVEL WHERE THE EXCESS COST THEREOF IS COMPENSATED BY APPARENT SAVINGS TO THE GOVERNMENT BY REASON OF MORE EXPEDITIOUS TRAVEL. IN THE MATTER OF SUBSISTENCE ALLOWANCE SUCH SAVINGS ARE CLEAR AND DIRECT WHERE THE TRAVELER LEAVES HIS OFFICIAL STATION LATER OR RETURNS EARLIER, OR BOTH, THAN HE WOULD HAD THE SAME TRAVEL BEEN PERFORMED BY RAIL, FOR THE REASON THAT SUBSISTENCE ALLOWANCE AT A SPECIFIED RATE IS ALLOWABLE ONLY FOR THE TIME THE TRAVELER IS ABSENT FROM HIS OFFICIAL STATION. THIS IS NOT TRUE OF SALARY PAYMENTS, HOWEVER. SALARY IS PAYABLE AT THE SAME RATE WHETHER THE EMPLOYEE IS TRAVELING OR AT HIS OFFICIAL STATION, AND ALL THAT IS GAINED BY THE GOVERNMENT IN THIS RESPECT IS THE ADDITIONAL TIME OF THE EMPLOYEE OR THE VALUE OF HIS SERVICES AT HIS OFFICIAL STATION RESULTING FROM HIS LATER DEPARTURE THEREFROM OR EARLIER RETURN THERETO DUE TO TRAVEL BY AIR INSTEAD OF BY RAIL.

UNDER THE AMENDED REGULATION THE BENEFIT TO THE GOVERNMENT IN SUCH CASES IS TO BE MEASURED BY ,THE AMOUNT OF THE SALARY OF THE TRAVELER FOR THE TIME THUS SAVED.' CLEARLY THERE IS NO SUCH BENEFIT AND NO TIME SAVED FOR SUNDAYS, HOLIDAYS, SATURDAY AFTERNOONS, OR OTHER DAYS OR PARTS OF DAYS WHICH ARE NOT OFFICIAL PERIODS OF DUTY AT THE EMPLOYEE'S STATION AND, IN VIEW OF THE WHOLE PURPOSE AND BASIS OF THE REGULATION, THE TERM "THE TIME THUS SAVED" MUST BE CONSTRUED AS EXCLUDING SUCH PERIODS. OTHERWISE, THE REGULATION IN THIS RESPECT MIGHT BE VIEWED AS NOT BEING SO REASONABLY RELATED TO THE MATTER INVOLVED AS TO COME WITHIN THE SCOPE OF THE REGULATIONS AS AUTHORIZED BY LAW.

IN THE PRESENT CASE IT APPEARS THAT BY USING AIR LINE INSTEAD OF RAIL TRANSPORTATION THE EMPLOYEE WAS ENABLED TO RETURN TO HIS OFFICIAL STATION THURSDAY EVENING INSTEAD OF SUNDAY EVENING. HE WAS THUS AVAILABLE FOR DUTY AT HIS OFFICIAL STATION ON FRIDAY AND ON SATURDAY MORNING, BUT IT IS ASSUMED THAT NO OFFICIAL DUTY WAS REQUIRED ON SATURDAY AFTERNOON OR SUNDAY, AND THAT THIS LATTER DAY AND A HALF REPRESENTED NO TIME SAVED WITHIN THE CONTEMPLATION OF THE REGULATION. THE VOUCHER SUBMITTED WILL BE PREAUDITED ACCORDINGLY AND, IF OTHERWISE CORRECT, WILL BE CERTIFIED FOR PAYMENT ON THE BASIS OF ALLOWING, AS A CREDIT AGAINST THE EXCESS COST OF AIR-LINE TRANSPORTATION--- IN ADDITION TO THE SUBSISTENCE SAVING--- THE AMOUNT OF THE EMPLOYEE'S SALARY FOR ONLY 1 1/2 DAYS INSTEAD OF THE 3 DAYS CLAIMED.