A-45459, NOVEMBER 1, 1932, 12 COMP. GEN. 429

A-45459: Nov 1, 1932

Additional Materials:

Contact:

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

 

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

ECONOMY ACT - SUBSISTENCE - PER DIEMS - FRACTIONAL DAYS PARAGRAPH 66 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS BASING PER DIEMS FOR FRACTIONAL PARTS OF A DAY UPON SIX-HOUR PERIODS IS APPLICABLE TO FRACTIONAL PARTS OF A DAY AT THE BEGINNING AND ENDING OF A TRAVEL STATUS AND IS NOT FOR APPLICATION WHEN A CHANGE IN THE RATE OF PER DIEM TAKES PLACE DURING A DAY IN A CONTINUOUS TRAVEL STATUS. IN SUCH CASE THE RESPECTIVE PER DIEMS ARE TO BE COMPUTED ON THE ACTUAL PORTIONS OF A DAY INVOLVED IN EACH STATUS IRRESPECTIVE OF SIX-HOUR PERIODS. WHEN AN OFFICER IS IN A CONTINUOUS TRAVEL STATUS INVOLVING TRAVEL BOTH UPON A VESSEL AND UPON LAND WITH DIFFERING RATES OF PER DIEM APPLICABLE. THE CHANGE IN PER DIEM RATES IN THE ABSENCE OF ORDERS REQUIRING OTHERWISE WILL TAKE PLACE WHEN THE OFFICER EMBARKS OR DISEMBARKS DURING SUCH TRAVEL STATUS.

A-45459, NOVEMBER 1, 1932, 12 COMP. GEN. 429

ECONOMY ACT - SUBSISTENCE - PER DIEMS - FRACTIONAL DAYS PARAGRAPH 66 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS BASING PER DIEMS FOR FRACTIONAL PARTS OF A DAY UPON SIX-HOUR PERIODS IS APPLICABLE TO FRACTIONAL PARTS OF A DAY AT THE BEGINNING AND ENDING OF A TRAVEL STATUS AND IS NOT FOR APPLICATION WHEN A CHANGE IN THE RATE OF PER DIEM TAKES PLACE DURING A DAY IN A CONTINUOUS TRAVEL STATUS. IN SUCH CASE THE RESPECTIVE PER DIEMS ARE TO BE COMPUTED ON THE ACTUAL PORTIONS OF A DAY INVOLVED IN EACH STATUS IRRESPECTIVE OF SIX-HOUR PERIODS. WHEN AN OFFICER IS IN A CONTINUOUS TRAVEL STATUS INVOLVING TRAVEL BOTH UPON A VESSEL AND UPON LAND WITH DIFFERING RATES OF PER DIEM APPLICABLE, THE CHANGE IN PER DIEM RATES IN THE ABSENCE OF ORDERS REQUIRING OTHERWISE WILL TAKE PLACE WHEN THE OFFICER EMBARKS OR DISEMBARKS DURING SUCH TRAVEL STATUS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, NOVEMBER 1, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 24, 1932, REQUESTING A DECISION UPON THE QUESTIONS PRESENTED IN THE FOLLOWING LETTER OF OCTOBER 20, 1932, FROM THE PAYMASTER, UNITED STATES MARINE CORPS:

1. IN REFERENCE (A) THE COMPTROLLER GENERAL OF THE UNITED STATES STATED, QUOTING FROM THE TEXT, AS FOLLOWS:

"IT IS STATED THAT CAPTAIN CONACHY DID NOT DISEMBARK FROM THE U.S.S. KITTERY UNTIL 8:00 A.M., AUGUST 4, 1932, BECAUSE IMPRACTICABLE TO DO SO. IRRESPECTIVE OF THE REASON FOR CAPTAIN CONACHY'S DELAY IN DISEMBARKING FROM THE U.S.S. KITTERY, SO LONG AS HE CONTINUED IN A TRAVEL STATUS UNDER THE TERMS OF HIS ORDERS TRAVEL THEREON TERMINATED WHEN HE DISEMBARKED. SINCE HE COULD HAVE CONTINUED HIS JOURNEY ON THE TRAIN LEAVING NORFOLK AT 9:00 A.M., AUGUST 4, AND COULD HAVE ARRIVED AT QUANTICO AT 1:40 P.M. THAT DAY, THE PER DIEM ALLOWANCE SHOULD BE COMPUTED ALLOWING A RATE OF $1.75 FROM THE HOUR OF EMBARKATION ON THE U.S.S. KITTERY AT 10:02 A.M. JULY 28, 1932, TO THE HOUR OF DISEMBARKATION AT 8:00 A.M., AUGUST 4, 1932, LESS THE REQUIRED REDUCTION FOR LODGING AND AT $5 PER DIEM FOR THE PERIOD 8:00 A.M. TO 1:40 P.M., AUGUST 4, 1932.'

WHILE THE RULE ENUNCIATED IN THE CASE OF CAPTAIN CONACHY, ABOVE QUOTED APPEARS TO BE CLEAR IN SO FAR AS THE INSTANT CASE OF CAPTAIN CONACHY IS CONCERNED, IN VIEW OF THE FACT THAT THE ELAPSED TIME FROM HOUR OF DISEMBARKATION (8 A.M., AUGUST 4, 1932) TO HOUR OF ARRIVAL AT QUANTICO (1:40 P.M., AUGUST 4, 1932) IS LESS THAN SIX HOURS, IT WOULD APPEAR TO OFFER SOME DIFFICULTY IN ITS APPLICATION TO CASES WHERE THE CIRCUMSTANCES OF TRAVEL ARE DIFFERENT.

2. IT IS ASSUMED FROM THE DECISION OF OCTOBER 10, 1932 (REFERENCE (A) (, THAT IN COMPUTING THE PER DIEM TO INCLUDE 8:00 A.M., AUGUST 4, 1932, THE PERIOD FROM 6:00 A.M. TO 8:00 A.M. IS CONSIDERED THE FRACTIONAL PART OF A SIX-HOUR PERIOD ENTITLING THE TRAVELER TO ONE FOURTH OF THE AUTHORIZED PER DIEM. THE SIX-HOUR PERIOD, HOWEVER, FOR WHICH THIS FRACTIONAL PER DIEM IS PAID WOULD NOT EXPIRE UNTIL 12:00 M., AUGUST 4, 1932, LEAVING ONE HOUR AND FORTY MINUTES AS THE FRACTIONAL PART OF THE PER DIEM FOR WHICH AN ALLOWANCE OF $5.00 WAS AUTHORIZED. ANY OTHER CONSTRUCTION WOULD SEEM TO REQUIRE THAT THE SIX HOUR DIVISION OF A CALENDAR DAY BE FURTHER SUBDIVIDED.

3. HAVING IN VIEW THE PROVISIONS OF REFERENCE (B), TOGETHER WITH THE RULE LAID DOWN IN REFERENCE (A), THE FOLLOWING QUESTIONS ARE PRESENTED:

(A) UNDER THE SAME SET OF CIRCUMSTANCES AS IN THE CASE OF CAPTAIN CONACHY, EXCEPT THAT THE HOUR OF ARRIVAL AT QUANTICO WAS 2:40 P.M., INSTEAD OF 1:40 P.M., WOULD THE TRAVELER BE ENTITLED TO ONE-HALF OF THE PER DIEM OF $5.00 AUTHORIZED FOR LAND TRAVEL?

(B) WHERE TWO OR MORE PER DIEMS ARE AUTHORIZED IN AN OFFICER'S ORDERS AUTHORIZING TRAVEL AND WHERE THE CHANGE FROM ONE PER DIEM TO ANOTHER TAKES PLACE DURING ONE OF THE SIX-HOUR DIVISIONS OF A CALENDAR DAY, MUST THE SIX -HOUR PERIOD DURING WHICH THE CHANGE OCCURS BE FURTHER SUBDIVIDED AND THE TRAVELER PAID A PROPORTIONATE SHARE OF EACH PER DIEM FOR THE SIX-HOUR PERIOD INVOLVED?

(C) HAVING IN VIEW THE EMPLOYMENT OF THE WORD "EMBARKATION" IN THE CONCLUDING PARAGRAPH OF REFERENCE (A), ABOVE QUOTED, IS THE TRAVELER ENTITLED TO THE PER DIEM ALLOWANCE FROM HOUR OF EMBARKATION AS DISTINGUISHED FROM HOUR OF SAILING?

(D) WHERE AN OFFICER ORDERED FROM AN INLAND STATION TO A PORT FOR EMBARKATION FOR OVERSEAS SERVICE IS AUTHORIZED A HIGHER PER DIEM FOR THE LAND TRAVEL THAN FOR THE SEA TRAVEL INVOLVED, AND ARRIVES AT THE PORT OF EMBARKATION PRIOR TO THE HOUR OF SAILING, IS HE ENTITLED TO THE GREATER PER DIEM UNTIL HE ACTUALLY EMBARKS?

IN ANSWER TO QUESTIONS (A) AND (B), PARAGRAPH 66 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES AS FOLLOWS:

DAY DEFINED.--- IN COMPUTING PER DIEM IN LIEU OF SUBSISTENCE THE CALENDAR DAY (MIDNIGHT TO MIDNIGHT) WILL BE THE UNIT. FOR THE FRACTIONAL PART OF A DAY AT THE COMMENCEMENT OR ENDING OF A TRAVEL STATUS PERIOD ONE-FOURTH OF THE RATE FOR A CALENDAR DAY WILL BE ALLOWED FOR EACH PERIOD OF SIX HOURS OR PORTION THEREOF.

THIS PARAGRAPH IS APPLICABLE TO FRACTIONAL PARTS OF A DAY AT THE BEGINNING AND ENDING OF A TRAVEL STATUS AND IS NOT NECESSARILY TO BE APPLIED TO THE COMPUTATION OF PER DIEMS WHEN A CHANGE IN RATE WAS MADE DURING A DAY IN A CONTINUOUS TRAVEL STATUS. IN SUCH A CASE THE RESPECTIVE PER DIEMS SHOULD BE COMPUTED UPON THE ACTUAL PORTIONS OF THE DAY INVOLVED IN EACH STATUS IRRESPECTIVE OF SIX-HOUR PERIODS.

WITH RESPECT TO QUESTIONS (C) AND (D), IF THE OFFICER IS IN A CONTINUOUS TRAVEL STATUS; THAT IS, IN A TRAVEL STATUS AT PORT OF EMBARKATION AND/OR CONTINUES IN A TRAVEL STATUS UPON DISEMBARKING, UNLESS THE ORDERS REQUIRE OTHERWISE, EITHER DIRECTLY OR BY REASONABLE IMPLICATION, THE CHANGE IN RATE OF PER DIEM WILL BE EFFECTIVE WHEN THE OFFICER EMBARKS AND WHEN HE DISEMBARKS. WHERE THE TRAVEL STATUS COMMENCES WITH TRAVEL ON THE VESSEL AND TERMINATES UPON ARRIVAL AT A DESIGNATED PORT, THE TRAVEL STATUS COMMENCES WITH THE SAILING FROM PORT OF EMBARKATION AND TERMINATES ON ARRIVAL AT PORT OF DESTINATION.