A-24446, SEPTEMBER 24, 1928, 8 COMP. GEN. 137

A-24446: Sep 24, 1928

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SUBSISTENCE - JOINT HEADQUARTERS WHERE TWO CITIES ARE DESIGNATED JOINTLY AS AN EMPLOYEE'S HEADQUARTERS. THE CLAIMANT WAS APPOINTED SPECIAL ACCOUNTANT. WAS FREQUENTLY ABSENT THEREFROM ON OFFICIAL BUSINESS. AT WHICH TIME HE WAS ALLOWED SUBSISTENCE AT THE RATE OF $4 PER DIEM. HE WAS ORALLY INSTRUCTED TO PROCEED TO NEW YORK. WHICH ARE DISAPPROVED ADMINISTRATIVELY. THAT IS. AS FOLLOWS: IT IS UNDERSTOOD THAT THE SOLE PURPOSE OF MAKING MR. COSGROVE'S HEADQUARTERS WASHINGTON AND NEW YORK JOINTLY WAS THAT HE WAS RECEIVING HIS INSTRUCTIONS FROM WASHINGTON. HIS HEADQUARTERS WERE CHANGED TO BOTH PLACES. THE CLAIMANT WAS ADVISED THAT ON AND AFTER THAT DATE HE WOULD BE ALLOWED PER DIEM IN LIEU OF SUBSISTENCE AT THE RATE OF $6 PER DAY WHEN IN A TRAVEL STATUS.

A-24446, SEPTEMBER 24, 1928, 8 COMP. GEN. 137

SUBSISTENCE - JOINT HEADQUARTERS WHERE TWO CITIES ARE DESIGNATED JOINTLY AS AN EMPLOYEE'S HEADQUARTERS, A TRAVEL STATUS DOES NOT EXIST WHICH AUTHORIZES THE ALLOWANCE OF SUBSISTENCE OR PER DIEM IN LIEU THEREOF AT EITHER PLACE.

DECISION BY ASSISTANT COMPTROLLER GENERAL GINN, SEPTEMBER 24, 1928:

THERE HAS BEEN PRESENTED TO THIS OFFICE FOR CONSIDERATION AND SETTLEMENT THE RESPECTIVE ALTERNATE CLAIMS OF JAMES A. COSGROVE, SPECIAL ASSISTANT TO THE ATTORNEY GENERAL, FORMERLY SPECIAL ACCOUNTANT, DEPARTMENT OF JUSTICE, FOR THE SUM OF $177.50, COVERING REIMBURSEMENT OF SUBSISTENCE AT THE RATE OF $4 OR $6 PER DIEM WHILE ABSENT FROM WASHINGTON, D.C., HIS ALLEGED OFFICIAL HEADQUARTERS, AND THE SUM OF $1,368, COVERING REIMBURSEMENT OF SUBSISTENCE AT THE RATE OF $4 OR $6 PER DIEM WHILE ABSENT FROM NEW YORK, N.Y., HIS ALLEGED OFFICIAL HEADQUARTERS, DURING THE PERIOD FROM APRIL 11, 1927, TO MARCH 31, 1928.

THE FACTS APPEAR TO BE AS FOLLOWS:

ON FEBRUARY 16, 1927, THE CLAIMANT WAS APPOINTED SPECIAL ACCOUNTANT, BUREAU OF INVESTIGATION, DEPARTMENT OF JUSTICE, WITH HEADQUARTERS AT WASHINGTON, D.C., AND WAS FREQUENTLY ABSENT THEREFROM ON OFFICIAL BUSINESS, PARTICULARLY TO NEW YORK CITY, AT WHICH TIME HE WAS ALLOWED SUBSISTENCE AT THE RATE OF $4 PER DIEM. ON APRIL 11, 1927, HE WAS ORALLY INSTRUCTED TO PROCEED TO NEW YORK, .Y., AND UPON HIS ARRIVAL THERE RECEIVED A LETTER DATED APRIL 9, 1927, FROM THE DIRECTOR OF THE BUREAU OF INVESTIGATION, DESIGNATING HIS OFFICIAL HEADQUARTERS AS NEW YORK, N.Y., AND WASHINGTON, D.C., AND ORALLY ADVISED THAT HE WOULD NOT BE PAID PER DIEM IN LIEU OF SUBSISTENCE FOR PERIODS OF TIME SPENT IN EITHER NEW YORK CITY OR WASHINGTON, D.C.

THE CLAIMANT NOW SUBMITS VOUCHERS, WHICH ARE DISAPPROVED ADMINISTRATIVELY, FOR THE RESPECTIVE ALTERNATE CLAIMS HERETOFORE MENTIONED; THAT IS, FOR $177.50, REPRESENTING PER DIEM WHILE IN NEW YORK CITY, AWAY FROM HIS ALLEGED OFFICIAL HEADQUARTERS AT WASHINGTON, DURING THE PERIOD APRIL 11, 1927, TO MARCH 31, 1928, AND THE CLAIM FOR $1,368 REPRESENTING PER DIEM WHILE IN WASHINGTON, AWAY FROM HIS ALLEGED OFFICIAL HEADQUARTERS AT NEW YORK CITY, DURING THE PERIOD APRIL 13, 1927, TO MARCH 31, 1928.

THE GENERAL AGENT, DEPARTMENT OF JUSTICE, ADVISED THIS OFFICE IN THIS CONNECTION UNDER DATE OF AUGUST 23, 1928, AS FOLLOWS:

IT IS UNDERSTOOD THAT THE SOLE PURPOSE OF MAKING MR. COSGROVE'S HEADQUARTERS WASHINGTON AND NEW YORK JOINTLY WAS THAT HE WAS RECEIVING HIS INSTRUCTIONS FROM WASHINGTON, D.C., AND IN VIEW OF THE FACT THAT HE WOULD BE IN NEW YORK MORE OR LESS CONSTANTLY AND HAVING IN MIND YOUR DECISIONS TO THE EFFECT THAT THE PLACE OF DUTY SHOULD DETERMINE THE HEADQUARTERS RATHER THAN THE MERE DESIGNATION THEREOF BY THE DEPARTMENT, HIS HEADQUARTERS WERE CHANGED TO BOTH PLACES.

ON JULY 1, 1927, THE CLAIMANT WAS ADVISED THAT ON AND AFTER THAT DATE HE WOULD BE ALLOWED PER DIEM IN LIEU OF SUBSISTENCE AT THE RATE OF $6 PER DAY WHEN IN A TRAVEL STATUS.

IT APPEARS THAT ON APRIL 1, 1928, THE CLAIMANT'S HEADQUARTERS WERE CHANGED FROM NEW YORK, N.Y., AND WASHINGTON, D.C., TO WASHINGTON, D.C.

FROM THE INFORMATION AT HAND IT APPEARS THAT ON APRIL 11, 1927, THE CLAIMANT'S HEADQUARTERS WERE DEFINITELY FIXED AS AT NEW YORK, N.Y., AND WASHINGTON, D.C., JOINTLY, WHICH IN EFFECT ESTABLISHED HIS POST OF DUTY OR HEADQUARTERS AT WHICHEVER OF THE TWO PLACES SERVICES WERE REQUIRED THEREAFTER, TO APRIL 1, 1928, WHEN HIS HEADQUARTERS WERE CHANGED FROM NEW YORK, N.Y., AND WASHINGTON, D.C., TO WASHINGTON, D.C.

IT IS NOTED THAT DURING THE PERIOD IN WHICH THE CLAIMANT HAD DUAL HEADQUARTERS HE WAS REIMBURSED FOR EXPENSES OF TRAVEL IN GOING FROM ONE TO THE OTHER, AND WHEN VISITING OTHER CITIES FROM EITHER HEADQUARTERS WAS REIMBURSED FOR TRAVELING EXPENSES INCLUDING SUBSISTENCE. IN THIS CONNECTION IT APPEARS THAT DURING THE PERIOD COVERED BY THE TWO CLAIMS- - THAT IS, DURING THE 355-DAY PERIOD FROM APRIL 11, 1927, TO MARCH 31, 1928- -- THE CLAIMANT WAS ON DUTY IN WASHINGTON 235 DAYS, IN NEW YORK 35 DAYS, AND AT OTHER POINTS AT WHICH TIME HE WAS PAID PER DIEM ABOUT 85 DAYS.

EVEN THOUGH THE DUTY WAS TO BE PERFORMED AT TWO PLACES, THE APPOINTMENT BEING AT LARGE, THE NATURE OF THE DUTY WAS SUCH AS TO ESTABLISH A POST OF DUTY AT THE PARTICULAR PLACE WHERE THE DUTY WAS FOR THE TIME BEING TO BE PERFORMED.

THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, EFFECTIVE AS OF OCTOBER 1, 1926, PROVIDE:

46. NO ALLOWANCE AT OFFICIAL STATION.--- UNDER NO CIRCUMSTANCES WILL SUBSISTENCE EXPENSES OR PER DIEM IN LIEU THEREOF BE ALLOWED AN EMPLOYEE AT HIS OFFICIAL STATION.

AS NEW YORK, N.Y., AND WASHINGTON, D.C., WERE THE OFFICIAL STATIONS OF THE CLAIMANT DURING THE PERIOD COVERED BY THE RESPECTIVE ALTERNATE CLAIMS, A TRAVEL STATUS DID NOT EXIST WHICH AUTHORIZES THE ALLOWANCE OF SUBSISTENCE OR PER DIEM IN LIEU THEREOF AT EITHER. SEE A-1979, DATED JULY 31, 1924. ACCORDINGLY, EACH CLAIM MUST BE AND IS DISALLOWED.