A-29425, DECEMBER 6, 1929, 9 COMP. GEN. 233

A-29425: Dec 6, 1929

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UNDER EXISTING LAW AN EMPLOYEE WHO IS TRANSFERRED FROM A POSITION IN WASHINGTON. WHO IS TEMPORARILY ASSIGNED TO DUTY IN WASHINGTON BEFORE LEAVE FOR DUTY IN THE FIELD. IS NOT ENTITLED TO REIMBURSEMENT OF SUBSISTENCE EXPENSES OR PER DIEM IN LIEU THEREOF WHILE SO ASSIGNED. AS FOLLOWS: THERE IS INCLOSED A VOUCHER IN THE SUM OF $68 IN FAVOR OF MISS SALLIE JEFFRIES. MISS JEFFRIES' OFFICIAL HEADQUARTERS HAVE BEEN DESIGNATED AS MINNEAPOLIS. BEFORE PROCEEDING TO THAT PLACE SHE WAS DIRECTED TO SPEND THE ABOVE PERIOD IN THE WASHINGTON OFFICE. MISS JEFFRIES WAS LIVING IN VIENNA. HER APPOINTMENT PROVIDES A PER DIEM OF $4.00 PER DAY AND THE ATTACHED VOUCHER COVERS THE SAME FOR THE TIME SHE WAS ON DUTY IN THE WASHINGTON OFFICE.

A-29425, DECEMBER 6, 1929, 9 COMP. GEN. 233

SUBSISTENCE - PER DIEMS - TEMPORARY DUTY IN WASHINGTON, D.C. UNDER EXISTING LAW AN EMPLOYEE WHO IS TRANSFERRED FROM A POSITION IN WASHINGTON, D.C., TO A FIELD-SERVICE POSITION, AND WHO IS TEMPORARILY ASSIGNED TO DUTY IN WASHINGTON BEFORE LEAVE FOR DUTY IN THE FIELD, IS NOT ENTITLED TO REIMBURSEMENT OF SUBSISTENCE EXPENSES OR PER DIEM IN LIEU THEREOF WHILE SO ASSIGNED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, DECEMBER 6, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 4, 1929, AS FOLLOWS:

THERE IS INCLOSED A VOUCHER IN THE SUM OF $68 IN FAVOR OF MISS SALLIE JEFFRIES, ASSISTANT SUPERVISOR OF NURSES, FOR PER DIEM IN LIEU OF SUBSISTENCE AT THE RATE OF $4.00 PER DAY FOR 17 DAYS. MISS JEFFRIES' OFFICIAL HEADQUARTERS HAVE BEEN DESIGNATED AS MINNEAPOLIS, MINNESOTA. HOWEVER, BEFORE PROCEEDING TO THAT PLACE SHE WAS DIRECTED TO SPEND THE ABOVE PERIOD IN THE WASHINGTON OFFICE, FAMILIARIZING HERSELF WITH THE DUTIES OF HER NEW POSITION. AT THE TIME OF HER TRANSFER FROM THE PUBLIC HEALTH SERVICE TO THE INDIAN SERVICE, MISS JEFFRIES WAS LIVING IN VIENNA, VIRGINIA. HER APPOINTMENT PROVIDES A PER DIEM OF $4.00 PER DAY AND THE ATTACHED VOUCHER COVERS THE SAME FOR THE TIME SHE WAS ON DUTY IN THE WASHINGTON OFFICE.

YOUR DECISION IS REQUESTED AS TO WHETHER THIS EXPENDITURE WILL BE ALLOWED UNDER THE CONDITIONS ABOVE SET FORTH.

BY LETTER DATED SEPTEMBER 26, 1929, MISS JEFFRIES WAS ADVISED AS FOLLOWS:

YOU HAVE BEEN APPOINTED BY THE SECRETARY OF THE INTERIOR, UPON THE RECOMMENDATION OF THE COMMISSIONER OF INDIAN AFFAIRS, SUBJECT TO TAKING THE OATH OF OFFICE, AN ASSISTANT SUPERVISOR OF NURSES, GRADE 11, IN THE INDIAN SERVICE, AT A SALARY OF $2,600 PER ANNUM, AND ACTUAL AND NECESSARY TRAVELING EXPENSES, IN ACCORDANCE WITH EXISTING ORDERS AND REGULATIONS, WHEN ON DUTY AWAY FROM HOME OR DESIGNATED HEADQUARTERS, EFFECTIVE ON THE DATE OF ENTRANCE ON DUTY. BY TRANSFER FROM SPECIAL NURSE AT $2,200 PER ANNUM IN THE BUREAU OF THE PUBLIC HEALTH SERVICE, TREASURY DEPARTMENT. NEW POSITION.

UNDER THIS APPOINTMENT YOU ARE SUBJECT TO THE PROVISIONS OF THE RETIREMENT ACT, AND THE DEDUCTIONS PRESCRIBED THEREIN WILL ACCORDINGLY BE MADE FROM YOUR SALARY.

IT APPEARS FROM YOUR SUBMISSION THAT MINNEAPOLIS, MINN., WAS DESIGNATED AS HER OFFICIAL HEADQUARTERS, BUT BY WHOM AND WHEN IS NOT SHOWN BY THE RECORD. IT APPEARS ALSO THAT SHE WAS DIRECTED BY SOME ONE TO REMAIN IN WASHINGTON FOR A TIME AND THAT SHE DID REMAIN THERE UNTIL OCTOBER 13, 1929, THE VOUCHER SUBMITTED COVERING PER DIEM FOR THE PERIOD FROM SEPTEMBER 27 TO OCTOBER 13, 1929.

UNDER EXISTING LAW EMPLOYEES OF THE CLASS HERE UNDER CONSIDERATION ARE ENTITLED TO REIMBURSEMENT OF SUBSISTENCE EXPENSES OR PER DIEM IN LIEU THEREOF ONLY "WHILE TRAVELING ON OFFICIAL BUSINESS.' SEE ACT OF JUNE 3, 1926, 44 STAT. 688. DURING THE PERIOD FOR WHICH MISS JEFFRIES CLAIMS PER DIEM SHE WAS NOT TRAVELING ON OFFICIAL BUSINESS, AND APPARENTLY LIVED JUST AS SHE HAD BEEN LIVING WHILE EMPLOYED BY THE PUBLIC HEALTH SERVICE UP TO THE TIME OF HER TRANSFER. THEREFORE THE TRANSFER DID NOT OPERATE TO PLACE HER IN A TRAVEL STATUS SO AS TO ENTITLE HER TO SUBSISTENCE OR PER DIEM IN LIEU THEREOF.

YOU ARE ADVISED THAT PAYMENT ON THE VOUCHER SUBMITTED BY YOU IS NOT AUTHORIZED.