A-20026, NOVEMBER 8, 1927, 7 COMP. GEN. 319

A-20026: Nov 8, 1927

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SUBSISTENCE - PER DIEMS - INDIRECT ROUTE AN EMPLOYEE OF THE INTERSTATE COMMERCE COMMISSION IN A TRAVEL STATUS ON A PER DIEM IN LIEU OF SUBSISTENCE BASIS IS ENTITLED TO RECEIVE HIS PER DIEM ALLOWANCE FOR SUNDAYS AND HOLIDAYS UPON WHICH NO DUTY IS REQUIRED IRRESPECTIVE OF WHETHER HE DEVIATES FROM THE DIRECT ROUTE OF TRAVEL ON SUCH DAYS FOR PERSONAL REASONS. PROVIDED THE COST OF TRANSPORTATION AND THE PER DIEM ALLOWANCES CHARGEABLE TO THE GOVERNMENT ARE NOT INCREASED THEREBY. 1927: THERE IS FOR CONSIDERATION THE CLAIM OF JOHN L. THIS ITEM WAS ELIMINATED FROM HIS REGULAR EXPENSE VOUCHER BEFORE ITS PAYMENT BY THE DISBURSING OFFICER. KNIGHT WAS ON JULY 2. THAT THE NEXT PLACE AT WHICH DUTY WAS TO BE PERFORMED WAS DILLON.

A-20026, NOVEMBER 8, 1927, 7 COMP. GEN. 319

SUBSISTENCE - PER DIEMS - INDIRECT ROUTE AN EMPLOYEE OF THE INTERSTATE COMMERCE COMMISSION IN A TRAVEL STATUS ON A PER DIEM IN LIEU OF SUBSISTENCE BASIS IS ENTITLED TO RECEIVE HIS PER DIEM ALLOWANCE FOR SUNDAYS AND HOLIDAYS UPON WHICH NO DUTY IS REQUIRED IRRESPECTIVE OF WHETHER HE DEVIATES FROM THE DIRECT ROUTE OF TRAVEL ON SUCH DAYS FOR PERSONAL REASONS, PROVIDED THE COST OF TRANSPORTATION AND THE PER DIEM ALLOWANCES CHARGEABLE TO THE GOVERNMENT ARE NOT INCREASED THEREBY, THE ADMINISTRATIVE REGULATIONS DO NOT OTHERWISE PROVIDE, AND THE DEVIATION HAS NOT BEEN ADMINISTRATIVELY DISAPPROVED.

DECISION BY COMPTROLLER GENERAL MCCARL, NOVEMBER 8, 1927:

THERE IS FOR CONSIDERATION THE CLAIM OF JOHN L. KNIGHT, SENIOR LAND APPRAISER, INTERSTATE COMMERCE COMMISSION, FOR $12 REPRESENTING PER DIEM IN LIEU OF SUBSISTENCE FOR JULY 3 AND 4, 1927. THIS ITEM WAS ELIMINATED FROM HIS REGULAR EXPENSE VOUCHER BEFORE ITS PAYMENT BY THE DISBURSING OFFICER.

IT APPEARS THAT WHILE IN A TRAVEL STATUS ON A PER DIEM IN LIEU OF SUBSISTENCE BASIS MR. KNIGHT WAS ON JULY 2, 1927, AT GOLDSBORO, N.C.; THAT THE NEXT PLACE AT WHICH DUTY WAS TO BE PERFORMED WAS DILLON, S.C.; THAT HE LEFT GOLDSBORO JULY 2, 1927, AT 2:40 P.M. AND ARRIVED AT DILLON JULY 4, 7:29 P.M.; THAT HAD HE TRAVELED BY THE MOST DIRECT ROUTE HE WOULD HAVE ARRIVED AT DILLON AT :26 P.M., JULY 2; AND THAT HE TRAVELED BY WAY OF WILMINGTON, N.C., FOR PERSONAL REASONS, OR, AS HE STATES, IN ORDER TO SPEND SUNDAY AND JULY 4, ON THE ATLANTIC OCEAN.

EMPLOYEES TRAVELING BY INDIRECT ROUTES BETWEEN TWO TEMPORARY DUTY STATIONS FOR PERSONAL REASONS MUST THEMSELVES BEAR ANY EXTRA EXPENSE OF TRANSPORTATION INCURRED OVER WHAT WOULD HAVE BEEN THE COST BY THE SHORTEST USUALLY TRAVELED ROUTE. THIS OFFICE IS INFORMALLY ADVISED THAT MR. KNIGHT WAS REIMBURSED ON HIS REGULAR VOUCHER ONLY FOR THE COST OF TRANSPORTATION BY THE MOST DIRECT ROUTE.

JULY 3 WAS A SUNDAY AND JULY 4 A HOLIDAY AND CLAIMANT'S DUTY WAS SUCH THAT HE WAS NOT REQUIRED OR EXPECTED TO PERFORM OFFICIAL DUTY ON EITHER OF SAID DAYS. BEING ON A PER DIEM BASIS HE WAS NOT OBLIGED TO DISCLOSE WHAT AMOUNTS HE ACTUALLY EXPENDED FOR SUBSISTENCE ON THOSE DAYS. THE DEVIATION FROM THE DIRECT ROUTE DID NOT, THEREFORE, IN ANY WAY INTERFERE WITH HIS OFFICIAL DUTIES NOR INCREASE THE AMOUNTS CHARGEABLE AGAINST PUBLIC FUNDS. THE VOUCHER HAS BEEN ADMINISTRATIVELY APPROVED AND DOES NOT APPEAR TO BE CONTRARY TO ANY ADMINISTRATIVE REGULATION OTHER THAN THE SECRETARY'S MEMORANDUM NO. 491 OF AUGUST 16, 1927, WHICH WAS ISSUED SUBSEQUENT TO THE PERIOD HERE INVOLVED AND WAS BASED UPON A SETTLEMENT BY THIS OFFICE ON THE CLAIM OF WILLIAM A. DISQUE FOR REIMBURSEMENT OF ACTUAL EXPENSES UNDER CIRCUMSTANCES AND CONDITIONS ESSENTIALLY DIFFERENT FROM THOSE APPEARING IN THE PRESENT CASE. ACCORDINGLY ALLOWANCE OF PER DIEM IN LIEU OF SUBSISTENCE FOR THE TWO DAYS HERE INVOLVED WOULD APPEAR TO BE AUTHORIZED. SEE REVIEW 4670, JUNE 2, 1923; REVIEW 5119, SEPTEMBER 15, 1923; REVIEW 5966, DECEMBER 28, 1923.