A-23410, JUNE 28, 1928, 7 COMP. GEN. 834

A-23410: Jun 28, 1928

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TRAVELING EXPENSES - MEALS - STANDARD OR DAYLIGHT-SAVING TIME IN CLAIMS FOR REIMBURSEMENT OF EXPENSES FOR MEALS AT THE BEGINNING AND ENDING OF A TRAVEL STATUS IT IS GENERALLY IMMATERIAL WHETHER STANDARD TIME OR DAYLIGHT-SAVING TIME IS TO BE FOLLOWED. IN AN AREA WHERE DAYLIGHT- SAVING TIME IS IN EFFECT REIMBURSEMENT SHOULD BE DETERMINED WITH REFERENCE TO THAT TIME. 1928: RECEIPT IS ACKNOWLEDGED OF YOUR LETTER DATED JUNE 6. THE FACTS ARE AS FOLLOWS: ON MARCH 20. WAS DIRECTED TO MAKE VISITS OF INSTRUCTION (MILITARY SERVICE) IN CONNECTION WITH TRAINING OF THE NATIONAL GUARD AT CAMDEN. REGULAR ARMY OFFICERS WHILE TRAVELING IN CONNECTION WITH NATIONAL GUARD DUTY WILL BE ALLOWED ACTUAL AND NECESSARY TRAVELING EXPENSES.

A-23410, JUNE 28, 1928, 7 COMP. GEN. 834

TRAVELING EXPENSES - MEALS - STANDARD OR DAYLIGHT-SAVING TIME IN CLAIMS FOR REIMBURSEMENT OF EXPENSES FOR MEALS AT THE BEGINNING AND ENDING OF A TRAVEL STATUS IT IS GENERALLY IMMATERIAL WHETHER STANDARD TIME OR DAYLIGHT-SAVING TIME IS TO BE FOLLOWED. ONE OR THE OTHER STANDARDS OF TIME MUST BE SELECTED IN EACH LOCALITY, AND IN AN AREA WHERE DAYLIGHT- SAVING TIME IS IN EFFECT REIMBURSEMENT SHOULD BE DETERMINED WITH REFERENCE TO THAT TIME.

COMPTROLLER GENERAL MCCARL TO MAJ. E. DWORAK, UNITED STATES ARMY, JUNE 28, 1928:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER DATED JUNE 6, 1928, REQUESTING TO BE ADVISED AS TO AUTHORITY TO REIMBURSE MAJ. SAMUEL JAY TURNBULL, M.C. (D.O.L.), FOR AN ITEM OF $2.65 FOR DINNER AND TIP IN HIS CLAIM FOR REIMBURSEMENT OF TRAVELING EXPENSES, IN MAKING A TRIP FROM TRENTON TO CAMDEN, N.J., AND RETURN, MAY 7, 1928.

THE FACTS ARE AS FOLLOWS:

ON MARCH 20, 1928, MAJOR TURNBULL, M.C., UNITED STATES ARMY, STATIONED AT TRENTON, N.J., WAS DIRECTED TO MAKE VISITS OF INSTRUCTION (MILITARY SERVICE) IN CONNECTION WITH TRAINING OF THE NATIONAL GUARD AT CAMDEN, N.J., AND THAT REIMBURSEMENT OF TRAVELING EXPENSES WOULD BE MADE IN ACCORDANCE WITH THE PROVISIONS OF A.R. 35-4820.

THE VOUCHER SUBMITTED FOR PAYMENT SETS FORTH THAT THE CLAIMANT LEFT TRENTON MAY 7, 1928, AT :25 P.M. (DST), AND ARRIVED AT CAMDEN AT 7:30 P.M., RETURNING AT 12:10 A.M., MAY 8, 1928. MAJOR TURNBULL CLAIMS REIMBURSEMENT FOR DINNER AND TIP ON THE TRIP IN THE SUM OF $2.65.

ARMY REGULATION 35-4820 PROVIDES THAT PURSUANT TO SECTION 67 OF THE NATIONAL DEFENSE ACT, AS AMENDED, 42 STAT. 1034, REGULAR ARMY OFFICERS WHILE TRAVELING IN CONNECTION WITH NATIONAL GUARD DUTY WILL BE ALLOWED ACTUAL AND NECESSARY TRAVELING EXPENSES, AND UNDER THE TITLE "DIVISION OR FRACTIONAL PART OF DAY," A.R. 35-1340, AUTHORIZES REIMBURSEMENT FOR DINNER, IF THE HOUR OF DEPARTURE IS BEFORE 6 P.M.

IN HIS THIRD INDORSEMENT, DATED MAY 23, 1928, THE CLAIMANT STATES:

MY REASON FOR REQUESTING RECONSIDERATION ON DISAPPROVAL OF CLAIM FOR $2.65 AND VOUCHER FOR VISIT OF INSTRUCTION TO CAMDEN, N.J., ON MAY 7TH, 1928, WAS BASED ON INTERPRETATION OF PP. 14, B, (C) A.R. 35-1340, IN REFERRING TO 6 P.M. AS STANDARD TIME; WHILE DST MAY BE CONSIDERED AS OFFICIAL TIME IN THIS CORPS AREA, THAT DOES NOT CHANGE THE ABOVE QUOTED ARMY REGULATION, AND THE FACT REMAINS THAT TIME OF DEPARTURE WAS PRIOR TO 6 P.M. STANDARD TIME.

THE CLAIM PRESENTS FOR DECISION THE QUESTION WHETHER DAYLIGHT-SAVING TIME OR STANDARD TIME SHALL CONTROL IN CONNECTION WITH REIMBURSEMENT OF EXPENSES FOR MEALS AT THE BEGINNING AND ENDING OF A TRAVEL STATUS. THE PURPOSE OF ESTABLISHING BY REGULATION A RULE FOR REIMBURSEMENT OF PARTICULAR MEALS AT THE BEGINNING OF ENDING OF A JOURNEY IS TO FIX WITH CERTAINTY THE "USUAL" MEAL HOURS. IF DEPARTURE IS BEFORE THE USUAL MEAL HOUR, THE EMPLOYEE ORDINARILY WOULD INCUR AN EXPENSE FOR THE PARTICULAR MEAL WHILE IN A TRAVEL STATUS; IF DEPARTURE IS AFTER THE USUAL MEAL HOUR, SUCH EXPENSE WOULD NOT BE NECESSARY AND BY FIXING DEFINITE HOURS IT IS POSSIBLE TO DETERMINE WITH EASE WHETHER REIMBURSEMENT IN A PARTICULAR SITUATION IS OR IS NOT AUTHORIZED. WHETHER STANDARD TIME OR DAYLIGHT- SAVING TIME IS TO BE FOLLOWED GENERALLY IMMATERIAL. ONE OR THE OTHER STANDARDS OF TIME MUST BE SELECTED IF THE RULE IS TO OPERATE UNIFORMLY IN ALL CASES IN A GIVEN LOCALITY. IN THE AREAS WHERE DAYLIGHT-SAVING TIME IS IN EFFECT THE LOCAL COMMUNITY ADJUSTS ITS AFFAIRS ON THAT BASIS, NOT ON THE BASIS OF STANDARD TIME; AND IN SUCH A SITUATION, IN KEEPING WITH THE PURPOSE OF THE REGULATION, REIMBURSEMENT SHOULD BE DETERMINED WITH REFERENCE TO THE LOCAL OR DAYLIGHT-SAVING TIME WHERE THAT IS IN EFFECT.