A-3096, JULY 10, 1924, 4 COMP. GEN. 32

A-3096: Jul 10, 1924

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THE DISALLOWANCE WAS FOR THE REASON THAT THE EXTENDED LENGTH OF DOCTOR KENDALL'S DUTY AT FREEPORT CONSTITUTED THAT PLACE HIS HEADQUARTERS RATHER THAN A TEMPORARY DUTY STATION. THE ORDERS UNDER WHICH DOCTOR KENDALL PERFORMED THIS DUTY AT FREEPORT WERE DATED AUGUST 1. MAINE: YOU ARE HEREBY DIRECTED TO PROCEED BY THE SHORTEST AND MOST DIRECT ROUTE FROM WASHINGTON. ON THE PRESENTATION OF PROPER VOUCHERS YOU WILL BE REIMBURSED FROM THE APPROPRIATION . YOU ARE ALSO AUTHORIZED TO MAKE SUCH SMALL PURCHASES OF ARTICLES OF EQUIPMENT AND SUPPLIES AND TO EMPLOY SUCH TEMPORARY HELP AS EMERGENCY CONDITIONS MAY REQUIRE FOR THE EFFICIENT CONDUCT OF THE ABOVE WORK. YOU WILL BE ALLOWED $4.00 PER DIEM IN LIEU OF SUBSISTENCE.

A-3096, JULY 10, 1924, 4 COMP. GEN. 32

PER DIEM IN LIEU OF SUBSISTENCE - TEMPORARY DUTY STATION THE STATUS OF AN EMPLOYEE WITH RESPECT TO HIS RIGHT TO PER DIEM IN LIEU OF SUBSISTENCE WHEN ASSIGNED TO DUTY AWAY FROM HIS REGULAR DUTY STATION CAN NOT BE DETERMINED SOLELY FROM THE LENGTH OF STAY AT THE PLACE TO WHICH ASSIGNED. ORDERS AUTHORIZING AN ESTIMATED ABSENCE FROM HEADQUARTERS OF 11 MONTHS BUT CLEARLY INDICATING DUTY OF A TEMPORARY CHARACTER AND DIRECTING RETURN TO HEADQUARTERS UPON COMPLETION OF THE DUTY ASSIGNED DO NOT EFFECT A CHANGE OF PERMANENT STATION OR HEADQUARTERS AND ENTITLE THE EMPLOYEE TO THE ALLOWANCE FOR SUBSISTENCE ATTACHING TO AN AUTHORIZED TRAVEL STATUS.

DECISION BY COMPTROLLER GENERAL MCCARL, JULY 10, 1924:

THE SECRETARY OF COMMERCE REQUESTED, MAY 6, 1924, REVIEW OF SETTLEMENT NO. 628975, DISALLOWING THE CLAIM OF DR. WILLIAM C. KENDALL OF THE BUREAU OF FISHERIES FOR $116 PER DIEM IN LIEU OF SUBSISTENCE FOR THE MONTH OF FEBRUARY, 1924. THE DISALLOWANCE WAS FOR THE REASON THAT THE EXTENDED LENGTH OF DOCTOR KENDALL'S DUTY AT FREEPORT CONSTITUTED THAT PLACE HIS HEADQUARTERS RATHER THAN A TEMPORARY DUTY STATION. THE ORDERS UNDER WHICH DOCTOR KENDALL PERFORMED THIS DUTY AT FREEPORT WERE DATED AUGUST 1, 1923, AND READ AS FOLLOWS: DR. WILLIAM C. KENDALL,

FREEPORT, MAINE:

YOU ARE HEREBY DIRECTED TO PROCEED BY THE SHORTEST AND MOST DIRECT ROUTE FROM WASHINGTON, D.C., TO FREEPORT, MAINE, AND SUCH POINTS IN MAINE AS MAY BE NECESSARY FOR THE PURPOSE OF INVESTIGATION OF SALMONIDAE AND ON COMPLETION OF THIS DUTY TO RETURN TO WASHINGTON, D.C.

ON THE PRESENTATION OF PROPER VOUCHERS YOU WILL BE REIMBURSED FROM THE APPROPRIATION ,MISCELLANEOUS EXPENSES, BUREAU OF FISHERIES, 1924," SUBHEAD "SCIENTIFIC INQUIRY," FOR YOUR ACTUAL AND NECESSARY EXPENSES WHILE ENGAGED AS ABOVE.

YOU ARE ALSO AUTHORIZED TO MAKE SUCH SMALL PURCHASES OF ARTICLES OF EQUIPMENT AND SUPPLIES AND TO EMPLOY SUCH TEMPORARY HELP AS EMERGENCY CONDITIONS MAY REQUIRE FOR THE EFFICIENT CONDUCT OF THE ABOVE WORK.

REFER TO THE NUMBER OF THIS ORDER IN YOUR MONTHLY ACCOUNT TAKING UP EXPENSES INCURRED AND UPON THE FACE AND COUPON OF GOVERNMENT REQUESTS FOR TRANSPORTATION ISSUED FOR TRAVEL IN CONNECTION THEREWITH.

ESTIMATED TIME: 11 MONTHS.

YOU WILL BE ALLOWED $4.00 PER DIEM IN LIEU OF SUBSISTENCE, IN ACCORDANCE WITH THE REGULATIONS GOVERNING TRAVEL.

THE COMMISSIONER OF THE BUREAU OF FISHERIES EXPLAINS DOCTOR KENDALL'S DETAIL AS FOLLOWS:

DR. KENDALL HAS BEEN AN EMPLOYEE OF THE BUREAU OF FISHERIES SINCE 1889, EXCEPT FOR ABOUT 2 YEARS DURING 1921, -22, AND -23, WHEN HE WAS WITH THE ROOSEVELT WILD LIFE FOREST EXPERIMENT STATION, AND DURING ALL OF THIS TIME HIS HOME STATION HAS BEEN WASHINGTON, D.C. IN THE SUMMER OF 1923 HE WAS ASSIGNED TO A STUDY OF SALMON, TROUT, AND SMELT OF THE NORTHEAST STATES AND PROCEEDED TO FREEPORT, MAINE, A POINT ADVANTAGEOUSLY LOCATED FOR THE STUDIES HE IS ENGAGED IN. IT HAS BEEN NECESSARY FOR HIM TO REMAIN FOR SOME TIME AT THIS POINT IN ORDER TO COLLECT MATERIAL AND DATA ESSENTIAL TO THE PROPER PROSECUTION OF THE INVESTIGATION TO WHICH HE HAS BEEN ASSIGNED. DURING THE WINTER HIS OBSERVATIONS HAVE BEEN LARGELY CONFINED TO THE VICINITY OF FREEPORT, A LOCALITY WHERE BOTH SMELT AND SALMON CAN BE STUDIED TO THE BEST ADVANTAGE. WITH THE COMING OF SPRING HIS DUTIES WILL REQUIRE FIELD TRIPS TO THE VARIOUS STREAMS AND LAKES OF MAINE. IN THE SORT OF WORK DR. KENDALL IS DOING IT IS ABSOLUTELY NECESSARY THAT A BASE BE ESTABLISHED FROM WHICH THESE TRIPS MAY BE CONDUCTED WITH EFFICIENCY. SPACE FOR THE CARE, STORAGE, AND STUDY OF SPECIMENS AND DATA COLLECTED ARE ESSENTIAL. FREEPORT FULFILLS THESE REQUIREMENTS, AND IT WOULD ONLY BE AT CONSIDERABLE ADDITIONAL COST TO THE GOVERNMENT AND WITH MATERIAL LOSS IN EFFICIENCY IF DR. KENDALL WAS REQUIRED TO MAKE WASHINGTON THE BASE OF HIS OPERATIONS. IT IS IMPOSSIBLE TO STATE JUST HOW LONG THE REQUIREMENTS OF THE INVESTIGATION WILL DEMAND THAT DR. KENDALL REMAIN IN THE VICINITY OF FREEPORT, BUT ON THE COMPLETION OF HIS PRESENT ASSIGNMENT HE WILL RETURN TO WASHINGTON AND MAKE HERE HIS HEADQUARTERS, AS HE HAS DONE FOR THE PAST 30 YEARS.

IT IS APPARENT FROM DOCTOR KENDALL'S TRAVEL ORDERS AND THE NATURE OF THE ASSIGNMENT AS EXPLAINED BY THE COMMISSIONER THAT HIS DETAIL WAS NOT A CHANGE OF STATION BUT A MERE DETAIL TO TEMPORARY DUTY AWAY FROM HIS REGULAR DUTY STATION. WHEN AN EMPLOYEE IS ASSIGNED TO DUTY AWAY FROM HIS REGULAR DUTY STATION HIS STATUS WITH RESPECT TO TRAVELING ALLOWANCES CAN NOT BE DETERMINED SOLELY FROM THE LENGTH OF THE STAY AT THE PLACE TO WHICH ASSIGNED.