A-31014, APRIL 3, 1930, 9 COMP. GEN. 430

A-31014: Apr 3, 1930

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

SUBSISTENCE - MEALS TAKEN AFTER ARRIVAL AT POST OF DUTY AN EMPLOYEE WHOSE OFFICIAL DUTY STATION IS NEW YORK CITY WHO. IS NOT ENTITLED TO REIMBURSEMENT FOR THE COST OF A MEAL TAKEN AFTER ARRIVAL. WHEREIN CREDIT WAS DISALLOWED IN THE ACCOUNT OF J. FOR WHICH REIMBURSEMENT WAS MADE AND CREDIT DISALLOWED. WAS TAKEN AFTER THE ARRIVAL OF THE ENGINEER AT HIS OFFICIAL STATION. DISALLOWANCE WAS BASED UPON PARAGRAPH 46 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. WHICH PROVIDES THAT "UNDER NO CIRCUMSTANCES WILL SUBSISTENCE EXPENSES OR PER DIEM IN LIEU THEREOF BE ALLOWED AN EMPLOYEE AT HIS OFFICIAL STATION.'. REFERENCE IS MADE TO A DECISION. IN WHICH AUTHORIZATION WAS GIVEN TO REIMBURSE A CLAIMANT FOR AN ITEM OF EXPENSE INCURRED FOR BREAKFAST AT ALGIERS.

A-31014, APRIL 3, 1930, 9 COMP. GEN. 430

SUBSISTENCE - MEALS TAKEN AFTER ARRIVAL AT POST OF DUTY AN EMPLOYEE WHOSE OFFICIAL DUTY STATION IS NEW YORK CITY WHO, IN RETURNING FROM A TRIP ON OFFICIAL BUSINESS, ARRIVED AT THE GRAND CENTRAL TERMINAL AT 6:35 P.M., IS NOT ENTITLED TO REIMBURSEMENT FOR THE COST OF A MEAL TAKEN AFTER ARRIVAL, UNDER THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

DECISION BY COMPTROLLER GENERAL MCCARL, APRIL 3, 1930:

REVIEW HAS BEEN REQUESTED OF SETTLEMENT DATED FEBRUARY 25, 1930, WHEREIN CREDIT WAS DISALLOWED IN THE ACCOUNT OF J. L. SUMMERS, DISBURSING CLERK, TREASURY DEPARTMENT, FOR AN ITEM OF $1.70 PAID L. M. FISHER, SANITARY ENGINEER, PUBLIC HEALTH SERVICE, ON VOUCHER NO. 91243, AS REIMBURSEMENT FOR A MEAL OBTAINED AT THE GRAND CENTRAL TERMINAL UPON ARRIVAL AT HIS OFFICIAL STATION, NEW YORK CITY, ON SEPTEMBER 23, 1929.

THE FACTS APPEAR TO BE AS FOLLOWS:

ON THE MORNING OF SEPTEMBER 23, 1929 (9.30 A.M.), SANITARY ENGINEER FISHER, UNDER COMPETENT ORDERS, PROCEEDED FROM NEW YORK CITY TO BEACON, N.Y., AND RETURNED OVER THE NEW YORK CENTRAL RAILROAD, ARRIVING IN NEW YORK CITY AT 6.35 P.M. ON THE SAME DATE. THE MEAL REFERRED TO, FOR WHICH REIMBURSEMENT WAS MADE AND CREDIT DISALLOWED, WAS TAKEN AFTER THE ARRIVAL OF THE ENGINEER AT HIS OFFICIAL STATION. DISALLOWANCE WAS BASED UPON PARAGRAPH 46 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, WHICH PROVIDES THAT "UNDER NO CIRCUMSTANCES WILL SUBSISTENCE EXPENSES OR PER DIEM IN LIEU THEREOF BE ALLOWED AN EMPLOYEE AT HIS OFFICIAL STATION.'

IN THE REQUEST FOR REVIEW, REFERENCE IS MADE TO A DECISION, 7 COMP. GEN. 548, IN WHICH AUTHORIZATION WAS GIVEN TO REIMBURSE A CLAIMANT FOR AN ITEM OF EXPENSE INCURRED FOR BREAKFAST AT ALGIERS, LA., ON OCTOBER 6, 1927, IN CONNECTION WITH INSPECTION WORK OUT OF NEW ORLEANS, THE CLAIMANT'S OFFICIAL HEADQUARTERS.

THE QUESTION OF REIMBURSEMENT FOR SUBSISTENCE--- MEALS EN ROUTE BEFORE 8 A.M. OR AFTER 6 P.M.--- MUST BE DECIDED UPON THE BASIS OF THE FACTS PRESENTED IN EACH CASE. IN THE DECISION REFERRED TO, THE MAN LEFT HIS OFFICIAL STATION (TOOK THE TRAIN) BEFORE 8 A.M., WHICH ENTITLED HIM TO TAKE BREAKFAST EN ROUTE AT GOVERNMENT EXPENSE, AND THE MEAL WAS TAKEN AT THE RAILROAD STATION AFTER HE HAD BEEN TRAVELING FROM HIS HOME OR OFFICE FOR ABOUT AN HOUR BY STREET CAR AND FERRY EN ROUTE TO THE PARTICULAR STATION FROM WHICH HE TOOK A TRAIN FOR THE PLACE TO WHICH HE WAS ORDERED, WHICH STATION WAS NOT THE PRINCIPAL RAILROAD STATION AT THE PLACE OF HIS HEADQUARTERS. THE EXPENSE FOR THE BREAKFAST WAS ALLOWED THE SAME AS THE EXPENSE FOR STREET-CAR AND FERRY FARES INCURRED AFTER LEAVING HIS OFFICE EN ROUTE TO THE PLACE ORDERED ON OFFICIAL BUSINESS. UNDER SUCH CIRCUMSTANCES THE EXPENSE FOR THE MEAL WAS REGARDED AS NOT INCURRED AT HIS OFFICIAL STATION WITHIN THE MEANING OF PARAGRAPH 46 OF THE TRAVEL REGULATIONS. THE FACTS IN THAT CASE CLEARLY DISTINGUISH IT FROM THE INSTANT CASE.

AS TO A-7321, DATED FEBRUARY 24, 1925, ALSO REFERRED TO IN THE REQUEST FOR REVIEW, WHERE REIMBURSEMENT WAS AUTHORIZED TO AN EMPLOYEE FOR A MEAL OBTAINED UPON HIS ARRIVAL AT HIS OFFICIAL STATION AT 8.20 P.M., IT IS NOTED THAT WHEN THIS EXPENSE WAS INCURRED THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS HAD NOT BEEN PROMULGATED.

AS THE EVENING MEAL HERE IN QUESTION WAS TAKEN "AT HIS OFFICIAL STATION" INSTEAD OF "EN ROUTE TO" HIS OFFICIAL STATION, PARAGRAPH 62 OF THE REGULATIONS IS NOT APPLICABLE, AND THE PROVISIONS OF PARAGRAPH 46 OF THE REGULATIONS ARE CONTROLLING. SEE 9 COMP. GEN. 167. ACCORDINGLY, THE DISALLOWANCE OF CREDIT MUST BE AND IS SUSTAINED.