A-32676, AUGUST 4, 1930, 10 COMP. GEN. 57

A-32676: Aug 4, 1930

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TRAVELING EXPENSES - LEAVE OF ABSENCE - TEMPORARY DUTY A CIVILIAN EMPLOYEE TRAVELING UNDER OFFICIAL ORDERS FROM A PLACE WHERE HE IS ON LEAVE TO A PLACE NOT HIS HEADQUARTERS FOR TEMPORARY DUTY. IS ENTITLED TO REIMBURSEMENT OF THE EXPENSES OF TRANSPORTATION AND SUBSISTENCE WHILE EN ROUTE AND WHILE ON SUCH TEMPORARY DUTY. WHERE THE PLACE WHERE HE WAS ON LEAVE IS NEARER TO THE PLACE OF TEMPORARY DUTY THAN IS THE REGULAR DUTY STATION. 1930: I HAVE YOUR LETTER OF JULY 18. IT IS NOTED THAT THE CLAIMANT'S HEADQUARTERS HAVE BEEN FIXED BY THE ATTORNEY GENERAL AT CHICAGO. THE CLAIMANT WAS INSTRUCTED TO REPORT TO WASHINGTON ON OFFICIAL BUSINESS. YOU ARE ADVISED THAT THE CLAIMANT WAS ON LEAVE JUNE 2 TO 4.

A-32676, AUGUST 4, 1930, 10 COMP. GEN. 57

TRAVELING EXPENSES - LEAVE OF ABSENCE - TEMPORARY DUTY A CIVILIAN EMPLOYEE TRAVELING UNDER OFFICIAL ORDERS FROM A PLACE WHERE HE IS ON LEAVE TO A PLACE NOT HIS HEADQUARTERS FOR TEMPORARY DUTY, AND RETURN, IS ENTITLED TO REIMBURSEMENT OF THE EXPENSES OF TRANSPORTATION AND SUBSISTENCE WHILE EN ROUTE AND WHILE ON SUCH TEMPORARY DUTY, WHERE THE PLACE WHERE HE WAS ON LEAVE IS NEARER TO THE PLACE OF TEMPORARY DUTY THAN IS THE REGULAR DUTY STATION.

COMPTROLLER GENERAL MCCARL TO R. D. ALLISON, DISBURSING CLERK, DEPARTMENT OF JUSTICE, AUGUST 4, 1930:

I HAVE YOUR LETTER OF JULY 18, 1930, AS FOLLOWS:

THERE HAS BEEN SUBMITTED TO ME FOR PAYMENT THE ATTACHED VOUCHER IN FAVOR OF LEON G. TURROU, SPECIAL AGENT OF THE BUREAU OF INVESTIGATION OF THIS DEPARTMENT, IN THE AMOUNT OF $88.95 FOR REIMBURSEMENT OF TRAVEL AND OTHER EXPENSES, INCLUDING THE PER DIEM ALLOWANCE, INCURRED BY HIM DURING THE MONTH OF JUNE, 1930.

IT IS NOTED THAT THE CLAIMANT'S HEADQUARTERS HAVE BEEN FIXED BY THE ATTORNEY GENERAL AT CHICAGO, ILLINOIS, THAT HE PROCEEDED FROM CHICAGO, ILLINOIS, TO WESTBURY, NEW YORK, AT HIS OWN EXPENSE AND FOR THE PURPOSE OF TAKING LEAVE. WHILE AT WESTBURY, NEW YORK, THE CLAIMANT WAS INSTRUCTED TO REPORT TO WASHINGTON ON OFFICIAL BUSINESS. IN VIEW THEREOF, THE CLAIMANT HAS INCURRED RAILROAD AND PULLMAN FARE FROM WESTBURY, NEW YORK, TO WASHINGTON, D.C., AGGREGATING $10.89 AND SIMILAR FARES ON RETURNING FROM WASHINGTON TO WESTBURY, AGGREGATING $12.30, TOGETHER WITH SUCH ITEMS AS PORTER TIPS EN ROUTE AND UPON ARRIVAL AND DEPARTURE AT WASHINGTON.

UPON RETURN TO WESTBURY, NEW YORK, THE CLAIMANT RESUMED HIS LEAVE. AS A MATTER OF INFORMATION, YOU ARE ADVISED THAT THE CLAIMANT WAS ON LEAVE JUNE 2 TO 4, INCLUSIVE, AND JUNE 11TH TO 20TH INCLUSIVE. AFTER THE EXPIRATION OF THE TRAVELER'S LEAVE, HE RETURNED FROM WESTBURY, NEW YORK, TO CHICAGO, ILLINOIS, HIS HEADQUARTERS, AT HIS OWN EXPENSE.

THIS OFFICE IS IN DOUBT AS TO WHETHER THE CLAIMANT SHOULD BE REIMBURSED FOR THE COST OF TRANSPORTATION, TOGETHER WITH HIS INCIDENTAL EXPENSES, INCLUDING SUBSISTENCE, WHILE EN ROUTE FROM WESTBURY, NEW YORK, TO WASHINGTON, D.C., AND RETURN TO WESTBURY. IN VIEW THEREOF YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER I AM AUTHORIZED TO PAY SUCH TRAVELING EXPENSES, INCIDENTAL EXPENSES AND SUBSISTENCE WHILE EN ROUTE.

THE RULE IS WELL SETTLED THAT IF AN EMPLOYEE IS AWAY FROM HIS HEADQUARTERS ON LEAVE OF ABSENCE AND IT BECOMES NECESSARY FOR HIM TO INTERRUPT HIS LEAVE AND RETURN TO HIS HEADQUARTERS FOR THE PURPOSE OF PERFORMING OFFICIAL DUTY, HE IS NOT ENTITLED TO REIMBURSEMENT OF THE TRAVELING EXPENSES INCURRED IN RETURNING TO HIS HEADQUARTERS OR IN GOING BACK TO THE PLACE WHERE HE WAS ON LEAVE, SHOULD HE ELECT TO DO SO, WHEN THE LEAVE STATUS IS RESUMED. SEE 2 COMP. GEN. 424; 3 ID. 760.

THE INSTANT CASE, HOWEVER, IS TO BE DISTINGUISHED FROM THE CASES CITED IN THE PRECEDING PARAGRAPH. THE TRAVEL PERFORMED BY THE EMPLOYEE NAMED IN YOUR LETTER WAS ON PUBLIC BUSINESS UNDER OFFICIAL ORDERS AND NO PART THEREOF WAS OCCASIONED BY OR INCIDENTAL TO HIS LEAVE OF ABSENCE, AS THE PLACE WHERE HE WAS ON LEAVE WAS NEARER TO THE PLACE WHERE HE WAS ORDERED TO TEMPORARY DUTY THAN WAS HIS REGULAR DUTY STATION. ACCORDINGLY, HE WAS IN A DUTY AND TRAVEL STATUS FROM THE TIME OF LEAVING WESTBURY FOR WASHINGTON TO THE TIME OF ARRIVING BACK AT WESTBURY.

YOU ARE ADVISED, THEREFORE, THAT THE EMPLOYEE IS ENTITLED TO REIMBURSEMENT OF THE TRANSPORTATION AND SUBSISTENCE EXPENSES, IN ACCORDANCE WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND THE REGULATIONS OF THE DEPARTMENT GOVERNING SUBSISTENCE, DURING SUCH PERIOD. SEE 9 COMP. GEN. 215; DECISION OF APRIL 24, 1928, A-22484.