B-158171, JAN. 24, 1966

B-158171, JAN. 24, 1966

TO MR. JOSEPH R. SHERIDAN, AUTHORIZED CERTIFYING OFFICER, UNITED STATES ATOMIC ENERGY OMMISSION:

WE REFER TO YOUR LETTER OF DECEMBER 10, 1965, YOUR REFERENCE OCAC:JRS, CONCERNING THE PER DIEM WHICH MAY BE ALLOWED MR. FRANCIS J. LONG, AN EMPLOYEE OF THE ATOMIC ENERGY COMMISSION STATIONED IN ATLANTA, GEORGIA, FOR TRAVEL HE PERFORMED BETWEEN ATLANTA AND RINCON, PUERTO RICO, MARCH 30 THROUGH APRIL 3, 1965.

YOU SHOW MR. LONG'S ITINERARY AS FOLLOWS:

TABLE

"3/30/65 AIRPORT BUS TO AIRPORT 9:00 AM EST

LV ATLANTA, GA. VIA DL NO. 811 10:38 AM EST

AR MIAMI, FLA. 12:05 PM EST

LV MIAMI, FLA. VIA EA NO. 703 1:15 PM EST

AR SAN JUAN, PUERTO RICO 4:23 PM AST

LV SAN JUAN, PUERTO RICO

VIA GSA RENTAL CAR 5:00 PM AST

AR RINCON, PUERTO RICO 8:30 PM AST

3/31-4/1 OFFICIAL DUTY AT RINCON, PUERTO RICO

4/2 LV RINCON, PUERTO RICO

VIA GSA RENTAL CAR 11:00 AM AST

AR SAN JUAN, PUERTO RICO 4:00 PM AST

LV SAN JUAN, PUERTO RICO

VIA EA NO. 734 9:25 PM AST

AR MIAMI, FLA. 10:55 PM EST

4/3/65 LV MIAMI, FLA. VIA UA NO. 454 1:15 AM EST

AR ATLANTA, GA. 3:30 AM EST

AR BILTMORE TERMINAL VIA

AIRPORT BUS 4:15 AM EST"

UNDER THE PROVISIONS OF HIS TRAVEL AUTHORIZATION--- AUTHORIZATION WA-42, JUNE 11, 1964, AS AMENDED BY AUTHORIZATION WA-42A, JULY 23, 1964--- MR. LONG WAS ENTITLED TO PER DIEM AT THE RATE OF $16 WHILE IN THE CONTINENTAL UNITED STATES AND IN THE ABSENCE OF ANY INDICATION TO THE CONTRARY IT MAY BE ASSUMED THAT THE STATEMENT "OUTSIDE CONTINENTAL U.S. $ SGTR" UNDER THE HEADING "PER DIEM ALLOWANCE" APPEARING IN THE TRAVEL ORDERS WAS INTENDED TO PRESCRIBE THE MAXIMUM PER DIEM SPECIFIED BY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WHILE OUTSIDE THE CONTINENTAL UNITED STATES. SECTION 6.2C OF THE SGTR PROVIDES IN PERTINENT PART:

"FOR TRAVEL ON OFFICIAL BUSINESS BEYOND THE LIMITS OF THE CONTINENTAL UNITED STATES BY AIRPLANE, TRAIN, OR BOAT (REGARDLESS OF WHETHER COMMERCIALLY OR GOVERNMENT-OWNED), WHETHER EN ROUTE BETWEEN THE CONTINENTAL UNITED STATES AND A LOCALITY BEYOND OR BETWEEN SUCH LOCALITIES, INCLUDING STOP-OVERS OF LESS THAN 6 HOURS, THE MAXIMUM PER DIEM THAT MAY BE AUTHORIZED OR APPROVED (EXCEPT FOR THE PROVISO IN SECTION 6.11) IS AS FOLLOWS:

"/2) FOR TRIPS OTHER THAN THOSE PRESCRIBED IN (1), THE MAXIMUM PER DIEM RATE ALLOWABLE BETWEEN DUTY POINTS WILL BE THAT OF THE DESTINATION DUTY POINT WHEN THE TRAVEL TIME BETWEEN A DUTY POINT IN THE CONTINENTAL UNITED STATES AND A DUTY POINT IN A LOCALITY BEYOND THE LIMITS OF THE CONTINENTAL UNITED STATES OR BETWEEN A DUTY POINT IN ONE SUCH LOCALITY AND A DUTY POINT IN ANOTHER IS LESS THAN 6 HOURS.

"/3) WHEN, IN INSTANCES DESCRIBED IN (2), THE TRAVEL TIME BETWEEN THE DUTY POINTS IS 6 HOURS OR MORE, THE PER DIEM RATE APPLICABLE OUTSIDE THE CONTINENTAL UNITED STATES WILL BE $6 * * * WHEN TRAVEL DESCRIBED IN THIS SUBPARAGRAPH (3) BEGINS OR ENDS AT A DUTY POINT IN THE CONTINENTAL UNITED STATES, THE MAXIMUM PER DIEM RATE ALLOWABLE FOR THE PORTION OF THE TRAVEL BETWEEN THE DUTY POINT AND THE PLACE OF EXIT OR ENTRY WILL BE THE MAXIMUM PER DIEM RATE APPLICABLE WITHIN THE CONTINENTAL UNITED STATES.

"/5) AS USED IN THIS SUBSECTION C, THE TERM "DUTY POINT" MEANS THE OFFICIAL STATION, OTHER PLACE AT WHICH OFFICIAL TRAVEL BEGINS OR ENDS, OR PLACE OF TEMPORARY DUTY.'

IN COMPUTING THE 6-HOUR PERIOD REFERRED TO IN THE ABOVE REGULATIONS OUR VIEW IS THAT--- IRRESPECTIVE OF WHETHER AUTOMOBILE TRAVEL ALSO BE INVOLVED --- SUCH PERIOD BEGINS OR ENDS WHEN THE OFFICIAL TRAVEL BY AIRPLANE, TRAIN OR BOAT BEGINS OR ENDS, THAT IS, SUCH PERIOD RUNS FROM THE TIME OF ACTUAL DEPARTURE TO THE TIME OF ACTUAL ARRIVAL AT A DUTY POINT OR A POINT WHERE TRAVEL BY AUTOMOBILE IS TO BEGIN. HOWEVER, SINCE THE REGULATION ONLY APPLIES TO TRAVEL OUTSIDE THE CONTINENTAL UNITED STATES THE 6-HOUR PERIOD (ELAPSED TIME), IN CASE OF STOP-OVERS OR LANDINGS IN THE UNITED STATES AFTER A TRAVELER LEAVES HIS DUTY POINT EN ROUTE TO A POINT OUTSIDE THE UNITED STATES, WOULD NOT BEGIN TO RUN UNTIL THE TIME OF THE LAST DEPARTURE FROM AN AIRPORT IN THE UNITED STATES. LIKEWISE FOR THE RETURN TRIP THE TIME FOR COUNTING THE SIX HOURS WOULD STOP AT THE FIRST LANDING IN THE UNITED STATES.

ON THE BASIS OF THE ABOVE, BOTH THE OUTGOING TRIP AND THE RETURN TRIP IN THE INSTANT CASE CONSUMED LESS THAN 6 HOURS AND ORDINARILY WOULD BE SUBJECT TO THE PROVISIONS OF SUBSECTION C (2) OF THE REGULATIONS. HOWEVER, THAT SUBSECTION WOULD NOT COME INTO OPERATION ON THE OUTGOING TRIP BECAUSE OF THE PROVISIONS OF SECTION 6.11 OF THE REGULATIONS WHICH STATE THAT "WHEN CHANGE IN PER DIEM RATE IS MADE DURING A DAY, THE RATE OF PER DIEM IN EFFECT AT THE BEGINNING OF THE QUARTER IN WHICH THE CHANGE OCCURS SHALL CONTINUE TO THE END OF SUCH QUARTER.'

WHEN MR. LONG DEPARTED FROM MIAMI AT 1:15 P.M. HE WAS STILL ENTITLED TO PER DIEM AT THE UNITED STATES RATE UNTIL THE END OF THAT QUARTER (6 P.M.). AT THE BEGINNING OF THE NEXT QUARTER HE WAS TRAVELING BY AUTOMOBILE AND ENTITLED TO THE PER DIEM RATE FOR THE LOCALITY (SECTION 6.2C OF THE REGULATIONS NOT BEING APPLICABLE IN ANY RESPECT TO TRAVEL BY AUTOMOBILE). ON THE RETURN TRIP MR. LONG WAS ENTITLED TO THE PER DIEM RATE APPLICABLE TO THE LOCALITY (SAN JUAN) AT THE BEGINNING OF THE LAST QUARTER ON APRIL 2. SINCE HE WAS IN MIAMI AT THE BEGINNING OF THE FIRST QUARTER ON APRIL 3, HE WAS ENTITLED TO THE PER DIEM RATE FOR THE UNITED STATES FOR THAT QUARTER. SEE 39 COMP. GEN. 728. THE PER DIEM IS COMPUTED AS FOLLOWS:

TABLE

MARCH 30 1/2 DAY AT $16 $ 8.00

MARCH 31 1/4 DAY AT $18 4.50

MARCH 31

APRIL 1 2 DAYS AT $18 36.00

APRIL 2 3/4 DAY AT $18 13.00

1/4 DAY AT $24 6.00

APRIL 3 1/4 DAY AT $16 4.00

$72.00

SINCE MR. LONG WAS PAID $61.50 PER DIEM FOR THE TRAVEL IN QUESTION HE IS ENTITLED TO PAYMENT OF AN ADDITIONAL $10.50, AND UNDER THE FACTS PRESENTED YOU ARE AUTHORIZED TO CERTIFY HIS RECLAIM VOUCHER IN THAT AMOUNT, IF OTHERWISE CORRECT.

WE BELIEVE THE FOREGOING ADEQUATELY COVERS THE ADDITIONAL QUESTIONS RAISED IN YOUR LETTER.