B-173224, AUG 30, 1971

B-173224, AUG 30, 1971

CIVILIAN EMPLOYEE - PER DIEM WITHIN PERMANENT DUTY AREA - HIRE OF SPECIAL CONVEYANCES DECISION ALLOWING PARTIAL REIMBURSEMENT OF A CLAIM BY JOHN V. JOHNSON FOR PER DIEM AND TRANSPORTATION INCIDENT TO AN AUTHORIZATION FOR TRAVEL FROM HIS PERMANENT DUTY STATION TO A TEMPORARY STATION WHEN A BLIZZARD FORCED CLAIMANT TO REMAIN AT A MOTEL IN THE VICINITY OF HIS PERMANENT STATION FOR 2-1/4 DAYS. SUBSECTION 6.8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS (SGTR) AND JOINT TRAVEL REGULATIONS (JTR), PARAGRAPH C 8050-3, PROHIBIT PAYMENT OF PER DIEM FOR THE TIME SPENT IN THE AREA OF THE PERMANENT DUTY STATION. THE CLAIM FOR $10.50 FOR TRACTOR TRANSPORTATION FROM THE MOTEL TO CLAIMANT'S RESIDENCE MAY BE ALLOWED, IF ADMINISTRATIVELY APPROVED, AS BEING IN THE NATURE OF HIRE OF A SPECIAL CONVEYANCE AS PROVIDED BY SUBSECTION 3.4 SGTR, AND JTR PARAGRAPH C 6101-2.

TO MR. E. S. CRAWFORD:

THIS WILL REFER TO YOUR LETTER OF JUNE 3, 1971, REFERENCE DCRS-FA, REQUESTING OUR DECISION AS TO PAYMENT OF A TRAVEL VOUCHER PRESENTED BY JOHN V. JOHNSON INCIDENT TO AN AUTHORIZATION FOR TRAVEL FROM HIS PERMANENT DUTY STATION AT WICHITA, KANSAS, TO WATERTOWN, MASSACHUSETTS. THE TRAVEL AUTHORIZED WAS TO HAVE BEEN PERFORMED DURING A PERIOD OF 6 DAYS, BEGINNING FEBRUARY 21, 1971, AND WAS FOR THE PURPOSE OF ATTENDING A TESTING COURSE AT WATERTOWN.

HOWEVER, A SEVERE SNOW STORM OF BLIZZARD PROPORTIONS BEGAN ON FEBRUARY 21, CAUSING THE FLIGHT ON WHICH MR. JOHNSON WAS SCHEDULED TO DEPART AT 8:45 A.M. TO BE CANCELED AS WELL AS SUCCESSIVE FLIGHTS FOR A PERIOD OF 3 DAYS.

MR. JOHNSON NOTES ON HIS VOUCHER THAT:

"DUE TO SEVERE WEATHER CONDITIONS, AIRLINES CANCELLED ALL FLIGHTS. IMPASSABLE ROAD CONDITIONS DID NOT PERMIT ME TO RETURN FROM THE AIRPORT TO MY RESIDENCE. TRANSPORTATION WAS AVAILABLE TO THE DIAMOND INN MOTEL AND THE AIRPORT WAS EVACUATED FOR THOSE WISHING MOTEL ACCOMMODATIONS. WHEN THE BLIZZARD CONDITION SUBSIDED, I RETURNED TO MY RESIDENCE VIA A TRACTOR."

THE VOUCHER DISCLOSES THAT MR. JOHNSON WAITED AT THE AIRPORT FOR HIS FLIGHT UNTIL 12:50 P.M., AT WHICH TIME HE DEPARTED FOR THE DIAMOND INN MOTEL. HE REMAINED THERE UNTIL 11 A.M. FEBRUARY 23 WHEN HE DEPARTED FOR HIS RESIDENCE WHICH HE REACHED AT 11:50 A.M. ACCORDING TO THE RECORD HE NEVER LEFT THE VICINITY OF WICHITA.

MR. JOHNSON NOW CLAIMS PER DIEM FOR 2-1/4 DAYS, OR $56.25, REPRESENTING THE TIME DURING WHICH THE SNOW STORM FORCED HIM TO REMAIN AT THE AIRPORT AND THE DIAMOND INN MOTEL.

SUBSECTION 6.8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS (SGTR) AND JOINT TRAVEL REGULATIONS (JTR), PARAGRAPH C 8050-3, PROHIBIT PAYMENT OF PER DIEM FOR THE TIME SPENT IN THE AREA OF THE PERMANENT DUTY STATION OF A TRAVELER. MOREOVER, WE SEE NO BASIC DIFFERENCE HERE FROM THE CASE OF AN EMPLOYEE AT OFFICIAL HEADQUARTERS WHO BECAUSE OF ADVERSE WEATHER CONDITIONS IS REQUIRED TO REMAIN AT A MOTEL OVERNIGHT RATHER THAN RETURN TO HIS RESIDENCE. THUS, WE CONCLUDE THAT THE CLAIM IS FOR DISALLOWANCE.

MR. JOHNSON ALSO CLAIMS AN AMOUNT OF 50 CENTS FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE FROM HIS RESIDENCE TO THE AIRPORT ON FEBRUARY 21 WHICH MAY BE ALLOWED IN ACCORDANCE WITH SUBSECTION 3.5C(1) OF SGTR.

THE ADDITIONAL CLAIM FOR $10.50 FOR TRANSPORTATION FROM THE MOTEL TO MR. JOHNSON'S RESIDENCE APPARENTLY IS FOR THE TRACTOR WHICH HE DESCRIBES AS HIS MODE OF TRANSPORTATION. IF ADMINISTRATIVELY APPROVED, THIS EXPENSE MAY BE ALLOWED AS BEING IN THE NATURE OF HIRE OF A SPECIAL CONVEYANCE AS PROVIDED FOR BY SUBSECTION 3.4, SGTR, AND JTR PARAGRAPH C6101-2.

THE VOUCHER IS RETURNED FOR HANDLING IN ACCORDANCE WITH THE FOREGOING.