A-10433, JULY 29, 1925, 5 COMP. GEN. 76

A-10433: Jul 29, 1925

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FOR WHOM NO HEADQUARTERS HAVE BEEN OFFICIALLY DESIGNATED OR OTHERWISE FIXED BY LAW OR REGULATION. IS WASHINGTON. WHEN SUCH FIELD EMPLOYEE IS ON DUTY IN WASHINGTON. 1925: I HAVE YOUR LETTER OF JULY 9. WHEREIN WAS DISALLOWED IN THE ACCOUNTS OF WALTER S. THE FACTS ARE AS FOLLOWS: ON JANUARY 24. STEVENS WAS TRANSFERRED FROM THE POSITION OF SPECIAL PHYSICIAN. IN YOUR REQUEST FOR REVIEW YOU STATE THAT DOCTOR STEVENS IS A TRAVELING OFFICIAL LIKE A NUMBER OF OTHERS OF THE BUREAU WITHOUT PERMANENT OR TEMPORARY HEADQUARTERS. AT WHICH TIMES THEIR WORK IS AS MUCH FIELD WORK AS ELSEWHERE. THE OFFICIAL IN SUCH CASE IS AS MUCH ENTITLED TO PER DIEM WHILE AT THE CAPITAL AS ELSEWHERE. AS FOLLOWS: WHEN DEPARTMENTAL EMPLOYEES ARE ORDERED OR DETAILED TO SERVICE IN THE FIELD.

A-10433, JULY 29, 1925, 5 COMP. GEN. 76

SUBSISTENCE, AT WASHINGTON - EMPLOYEE OF INDIAN SERVICE THE OFFICIAL POST OF DUTY OR HEADQUARTERS OF A FIELD EMPLOYEE OF THE INDIAN SERVICE, FOR WHOM NO HEADQUARTERS HAVE BEEN OFFICIALLY DESIGNATED OR OTHERWISE FIXED BY LAW OR REGULATION, IS WASHINGTON, D.C., AND WHEN SUCH FIELD EMPLOYEE IS ON DUTY IN WASHINGTON, D.C., HE MAY NOT BE PAID A PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE UNDER THE PROVISIONS OF SECTION 13 OF THE ACT OF AUGUST 1, 1914, 38 STAT. 680.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, JULY 29, 1925:

I HAVE YOUR LETTER OF JULY 9, 1925, REQUESTING A REVIEW OF SETTLEMENT C- 23677-IN, DATED APRIL 3, 1925, WHEREIN WAS DISALLOWED IN THE ACCOUNTS OF WALTER S. STEVENS, MEDICAL SUPERVISOR AND SPECIAL DISBURSING AGENT, INDIAN SERVICE, A CHARGE FOR PER DIEM WHILE ON DUTY AT THE INDIAN OFFICE, WASHINGTON, FOR 60 DAYS DURING DECEMBER, 1924, AND JANUARY, 1925, PER VOUCHERS NOS. 6 AND 2, IN THE SUMS OF $108.50 AND $101.50, RESPECTIVELY; TOTAL, $210.

THE FACTS ARE AS FOLLOWS:

ON JANUARY 24, 1921, MR. STEVENS WAS TRANSFERRED FROM THE POSITION OF SPECIAL PHYSICIAN, INDIAN SERVICE, TO THE POSITION OF MEDICAL SUPERVISOR, INDIAN SERVICE, AND THE LETTER OF APPOINTMENT STATED THAT HE WOULD BE ALLOWED PER DIEM OF $3.50 IN LIEU OF SUBSISTENCE WHEN ON DUTY AWAY FROM HOME OR DESIGNATED HEADQUARTERS.

IN YOUR REQUEST FOR REVIEW YOU STATE THAT DOCTOR STEVENS IS A TRAVELING OFFICIAL LIKE A NUMBER OF OTHERS OF THE BUREAU WITHOUT PERMANENT OR TEMPORARY HEADQUARTERS; THAT OCCASIONALLY IT BECOMES NECESSARY TO CALL THESE TRAVELING OFFICIALS TO WASHINGTON, AT WHICH TIMES THEIR WORK IS AS MUCH FIELD WORK AS ELSEWHERE, AND THE OFFICIAL IN SUCH CASE IS AS MUCH ENTITLED TO PER DIEM WHILE AT THE CAPITAL AS ELSEWHERE.

BASED UPON THE FOREGOING INFORMATION THIS CASE FALLS DIRECTLY WITHIN THE RULE STATED IN 21 COMP. DEC. 785, AS FOLLOWS:

WHEN DEPARTMENTAL EMPLOYEES ARE ORDERED OR DETAILED TO SERVICE IN THE FIELD, AND NO OTHER OFFICIAL POST OF DUTY OR HEADQUARTERS IS SPECIFICALLY DESIGNATED FOR THEM THEIR HEADQUARTERS OR POST OF DUTY REMAINS AT WASHINGTON, AND UNLESS OTHERWISE EXPRESSLY PROVIDED BY LAW THEY ARE ENTITLED UNDER SECTION 13 OF THE ACT OF AUGUST 1, 1914 (38 STAT. 680), TO SUCH PER DIEM IN LIEU OF SUBSISTENCE AS THEIR EMPLOYMENT CALLS FOR WHILE THEY ARE "ENGAGED IN FIELD WORK OR TRAVELING ON OFFICIAL BUSINESS OUTSIDE OF THE DISTRICT OF COLUMBIA," INCLUDING SUCH TIME AS IS NECESSARILY EMPLOYED ON OFFICIAL DUTY AT THE EMPLOYEE'S HOME OR LEGAL RESIDENCE.

IT APPEARS THAT DOCTOR STEVENS, THE PAYEE OF THE TWO VOUCHERS NOW IN QUESTION, HAD BEEN OFFICIALLY ASSIGNED TO FIELD WORK IN WASHINGTON, AND THAT NO HEADQUARTERS HAD BEEN OTHERWISE FIXED BY LAW OR REGULATIONS FOR HIM; CONSEQUENTLY HIS HEADQUARTERS WAS WASHINGTON, AT WHICH PLACE HE WAS NOT ENTITLED TO PER DIEM.