B-124886, SEP. 2, 1955

B-124886, SEP. 2, 1955

TO MRS. VERA D. HUNTSMAN, AUTHORIZED CERTIFYING OFFICER, BUREAU OF LABOR STATISTICS:

YOUR LETTER OF JULY 25, 1955, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHERS THEREWITH TRANSMITTED. ONE PROPOSES PAYMENT TO MRS. PAULA T. WOLF IN THE AMOUNT OF $85.95, REPRESENTING EXPENSES OF TRAVEL FROM BOSTON, MASSACHUSETTS, TO WASHINGTON, D.C., AND RETURN, DECEMBER 5 TO 14, 1954, AND THE OTHER, PAYMENT FOR $69.06(NET) AS COMPENSATION OVER THE PERIOD DECEMBER 3 (2 HOURS) TO 13, 1954, INCLUSIVE.

MRS. WOLF WAS EMPLOYED IN THE BOSTON REGIONAL OFFICE, BUREAU OF LABOR STATISTICS, AND ENTERED ON DUTY 3:30 P.M., DECEMBER 3, 1954. SHE WAS DIRECTED BY TRAVEL ORDER 55-280 TO REPORT TO WASHINGTON, D.C., FOR A TRAINING PERIOD DECEMBER 5 TO 24, 1954. SHE ARRIVED IN WASHINGTON, DECEMBER 6, AND APPARENTLY WAS IN RECEIPT OF TRAINING UNTIL THE CLOSE OF BUSINESS DECEMBER 13, 1954. ON DECEMBER 14, A FRIEND CALLED THE WASHINGTON OFFICE AND REPORTED THAT MRS. WOLF DID NOT WISH TO CONTINUE THE WORK AND HAD RETURNED TO BOSTON, DECEMBER 13. YOU SAY THAT THE REGIONAL DIRECTOR IN BOSTON REPORTED THAT MRS. WOLF RESIGNED "BECAUSE OF THE ELEMENT OF TRAVEL, WHICH IS A CONSIDERABLE PART OF THE JOB.' FURTHER, YOU POINT OUT THAT THE TRAVEL REQUIREMENTS OF THE JOB WERE THOROUGHLY EXPLAINED TO MRS. WOLF AT THE TIME OF HER INTERVIEW AND WERE COMPLETELY ACCEPTABLE TO HER AT THAT TIME.

IN 23 COMP. GEN. 237, REFERRED TO BY YOU, IT WAS HELD (QUOTING FROM THE SYLLABUS):

"AN EMPLOYEE WHO, WHILE EN ROUTE ON OFFICIAL BUSINESS FROM HIS OFFICIAL HEADQUARTERS TO A TEMPORARY DUTY STATION RECEIVED NOTICE OF THE DEATH OF HIS FATHER, ABANDONED HIS OFFICIAL ROUTING AND PROCEEDED AT HIS OWN EXPENSE TO THE HOME OF HIS FATHER AND SUBSEQUENTLY RETURNED TO HIS OFFICIAL HEADQUARTERS IS ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE BETWEEN HIS OFFICIAL HEADQUARTERS AND THE POINT AT WHICH HE ABANDONED HIS OFFICIAL HEADQUARTERS AND THE POINT AT WHICH HE ABANDONED HIS OFFICIAL TRIP, INCLUDING PER DIEM IN LIEU OF SUBSISTENCE FOR THE TIME NECESSARILY CONSUMED ON THAT PORTION OF THE JOURNEY.'

IN 34 COMP. GEN. 52, ALSO REFERRED TO BY YOU, IT WAS HELD (QUOTING FROM THE SYLLABUS:

"AN EMPLOYEE WHO TRAVELED TO A TEMPORARY DUTY STATION UNDER ORDERS FOR ON -THE-JOB TRAINING AND WHO RESIGNED THE DAY FOLLOWING ARRIVAL DID NOT PERFORM TRAVEL ESSENTIAL TO THE ASSIGNED OFFICIAL DUTIES AS REQUIRED BY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS SO AS TO BE ENTITLED TO REIMBURSEMENT FOR SUCH TRAVEL.'

THE LATER DECISION IS DISTINGUISHABLE FROM THE EARLIER ONE IN THAT THE FAILURE OF THE EMPLOYEE TO CARRY OUT HIS DUTY ASSIGNMENT WAS DUE TO A VOLUNTARY ABANDONMENT OF THE POSITION AND NOT DUE TO ANY UNAVOIDABLE CIRCUMSTANCE AS IN THE EARLIER CASE NOT INVOLVING AN ABANDONMENT OF THE POSITION BUT ONLY AN ABANDONMENT OF A TRIP TO A TEMPORARY DUTY POST.

IN THE PRESENT CASE WHILE THE EMPLOYEE APPARENTLY HAD RECEIVED SOME TRAINING SHE DID NOT COMPLETE THE REQUIRED PERIOD OF TRAINING NOR PERFORM ANY SERVICE OF BENEFIT TO THE GOVERNMENT. SHE ABANDONED HER POSITION FOR PURELY PERSONAL REASONS NOT DUE TO ANY UNAVOIDABLE CIRCUMSTANCES ON HER PART. SO FAR AS THE BENEFITS ACCRUING TO THE GOVERNMENT THERE IS NO MATERIAL DIFFERENCE BETWEEN THE CASE YOU PRESENT AND THAT CONSIDERED IN 34 COMP. GEN. 52.

AS THE EMPLOYEE ABANDONED HER POSITION AT THE CLOSE OF BUSINESS DECEMBER 13, SHE IS ENTITLED TO COMPENSATION ONLY FOR THE PERIOD DECEMBER 3, TO DECEMBER 13, INCLUSIVE, DURING WHICH SHE COMPLIED WITH HER DUTY ASSIGNMENT, AND FROM THIS AMOUNT THERE SHOULD BE DEDUCTED THE COST OF TRANSPORTATION PROCURED BY HER ON GOVERNMENT TRANSPORTATION REQUESTS, RECITED ON THE TRAVEL VOUCHER AS COSTING THE GOVERNMENT $54.20.

ACCORDINGLY, UPON THE PRESENT RECORD YOU ARE NOT AUTHORIZED TO CERTIFY THE TRAVEL VOUCHER FOR ANY AMOUNT WHATEVER. THE PAYROLL VOUCHER MAY BE ONLY CERTIFIED FOR THE PROPER SALARY FOR THE PERIOD DECEMBER 3, TO 13, INCLUSIVE, AFTER OFFSETTING THE TRANSPORTATION COSTS. 34 COMP. GEN. 170.