A-54479, MAY 11, 1934, 13 COMP. GEN. 346

A-54479: May 11, 1934

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THE EMPLOYEE IS NOT ENTITLED TO A PER DIEM ALLOWANCE FOR THE ENTIRE TIME AFTER THE CLOSING OF THE OFFICE ABROAD UNTIL REPORTING IN THE UNITED STATES. WHEREIN THERE WAS DISALLOWED YOUR CLAIM FOR PER DIEM ALLOWANCE SUBSEQUENT TO 10 A.M. YOUR DUTY IN THIS OFFICE IS COMPLETED. YOU ARE DIRECTED TO PROCEED TO THE UNITED STATES TO THE PORT OF NEW YORK. TIME EN ROUTE AND ANY DELAY IN PROCEEDING IS CHARGEABLE TO YOUR ANNUAL LEAVE AS FAR AS ACCRUED AND DUE. COMMERCIAL TRANSPORTATION IS BEING FURNISHED YOU FROM THE HAGUE TO NEW YORK. UPON YOUR ARRIVAL IN NEW YORK YOU ARE DIRECTED TO REPORT TO THE COMMANDANT OF THE THIRD NAVAL DISTRICT FOR RAILROAD TRANSPORTATION INCLUDING PULLMAN ACCOMMODATIONS.

A-54479, MAY 11, 1934, 13 COMP. GEN. 346

SUBSISTENCE - TRAVEL STATUS - NAVY DEPARTMENT EMPLOYEE UPON THE TERMINATION OF DUTY OF AN EMPLOYEE OF THE NAVY DEPARTMENT ABROAD, UNDER ORDERS PROVIDING FOR HIS RETURN TO THE UNITED STATES AND STIPULATING THAT AFTER THE CLOSING OF THE OFFICE ABROAD HE WOULD BE ON LEAVE OF ABSENCE IF ACCRUED, OR ON LEAVE WITHOUT PAY, THE EMPLOYEE IS NOT ENTITLED TO A PER DIEM ALLOWANCE FOR THE ENTIRE TIME AFTER THE CLOSING OF THE OFFICE ABROAD UNTIL REPORTING IN THE UNITED STATES, BUT ONLY FOR THE ACTUAL DAYS EMPLOYED IN TRAVEL FROM THE STATION ABROAD TO THE PLACE IN THE UNITED STATES TO WHICH THE ORDERS DIRECTED HIM TO TRAVEL, EXCLUSIVE OF THE TIME WHILE ON COMMERCIAL VESSEL.

COMPTROLLER GENERAL MCCARL TO FRANCIS COCHRAN, CLAIMANT, MAY 11, 1934:

CONSIDERATION HAS BEEN GIVEN TO YOUR REQUEST OF DECEMBER 30, 1933, RECEIVED IN THIS OFFICE ON FEBRUARY 9, 1934, BY REFERENCE OF THE PAYMASTER GENERAL, UNITED STATES NAVY, FOR REVIEW OF SETTLEMENT NO. 0318441, DATED DECEMBER 20, 1933, WHEREIN THERE WAS DISALLOWED YOUR CLAIM FOR PER DIEM ALLOWANCE SUBSEQUENT TO 10 A.M., JULY 18, 1933, INCIDENT TO TRAVEL PERFORMED FROM JULY 1 TO AUGUST 5, 1933, UPON RETURNING TO THE UNITED STATES UNDER ORDER DATED JUNE 30, 1933.

SAID ORDER PROVIDED IN PART AS FOLLOWS:

1. IN COMPLIANCE WITH REFERENCE (B) AND IN ACCORDANCE WITH YOUR APPOINTMENT, REFERENCE (C), YOUR DUTY IN THIS OFFICE IS COMPLETED, EFFECTIVE AT THE CLOSE OF BUSINESS 30 JUNE 1933, AND YOU ARE DIRECTED TO PROCEED TO THE UNITED STATES TO THE PORT OF NEW YORK, VIA LONDON, ENGLAND, AND A VESSEL OF THE AMERICAN MERCHANT MARINE.

2. TIME EN ROUTE AND ANY DELAY IN PROCEEDING IS CHARGEABLE TO YOUR ANNUAL LEAVE AS FAR AS ACCRUED AND DUE, OTHERWISE TO LEAVE WITHOUT PAY.

3. COMMERCIAL TRANSPORTATION IS BEING FURNISHED YOU FROM THE HAGUE TO NEW YORK, N.Y., VIA LONDON, ENGLAND, AND THE AMERICAN MERCHANT MARINE.

4. UPON YOUR ARRIVAL IN NEW YORK YOU ARE DIRECTED TO REPORT TO THE COMMANDANT OF THE THIRD NAVAL DISTRICT FOR RAILROAD TRANSPORTATION INCLUDING PULLMAN ACCOMMODATIONS, TO BOSTON, MASSACHUSETTS, THE DIFFERENCE IN COST OF TRANSPORTATION FROM NEW YORK TO BOSTON OVER THE COST FROM NEW YORK TO WASHINGTON, D.C., BORNE BY YOURSELF.

5. WHILE EN ROUTE FROM THE HAGUE, NETHERLANDS, TO BOSTON, MASS., YOU WILL BE ALLOWED FIVE (5) DOLLARS PER DIEM IN LIEU OF ACTUAL SUBSISTENCE EXPENSES EXCEPT WHILE ON BOARD COMMERCIAL VESSEL, WHEN NO SUBSISTENCE WILL BE ALLOWED AS YOUR TICKET ON THE STEAMER WILL INCLUDE SAME.

IT APPEARS THAT PURSUANT TO SAID ORDER YOU LEFT THE HAGUE AT 11 A.M., JULY 7, 1933, THAT YOU ARRIVED AT LONDON, 9:15 P.M. THE SAME DAY; THAT YOU SAILED FROM LONDON AT 10 A.M., JULY 21, 1933, ARRIVED AT NEW YORK AT 12 NOON AUGUST 1, 1933, LEFT NEW YORK AT 5 P.M. AUGUST 4, 1933, AND ARRIVED AT BOSTON, 7 A.M., AUGUST 5, 1933.

IN THE SETTLEMENT OF YOUR CLAIM YOU WERE ALLOWED PER DIEM FOR THE PERIOD FROM JULY 1 TO 7 IN THE AMOUNT OF $31.46, AND PER DIEM FROM NOON JULY 17 TO 5 P.M., $1.04, AND PER DIEM ON JULY 18 FROM 8 A.M. TO 10 A.M., 83 CENTS, OR A TOTAL OF $33.33, ON THE BASIS THAT HAD YOU PROCEEDED BY THE MOST DIRECT AND USUALLY TRAVELED ROUTE YOU WOULD HAVE SAILED FROM LONDON ON JULY 7, 1933, AND WOULD HAVE ARRIVED AT YOUR HOME AT 10 A.M., JULY 18, 1933. THERE WAS ALSO ALLOWED IN SAID SETTLEMENT THE SUM OF $14.56 REPRESENTING OTHER TRAVELING EXPENSES MAKING A TOTAL ALLOWANCE OF $47.89 FROM WHICH WAS DEDUCTED THE AMOUNT OF $5 REFUNDED TO YOU BY THE UNITED STATES STEAMSHIP LINES, AND NAVY DISBURSING OFFICER'S CHECK FOR $42.89 WAS TRANSMITTED IN PAYMENT. SAID CHECK WAS RETURNED BY YOU WITH YOUR REQUEST FOR REVIEW AND IS NOW IN THIS OFFICE.

UNDER YOUR ORDER YOU WERE ENTITLED TO PER DIEM ONLY WHILE TRAVELING FROM THE HAGUE TO LONDON AND FROM NEW YORK TO BOSTON, TWO DAYS, AT $5 PER DAY, OR $10. WHILE YOU WERE IN THE HAGUE, BEFORE PROCEEDING TO LONDON, UNDER THE PROVISIONS OF YOUR ORDER, YOU WERE ON ANNUAL LEAVE AND NOT ENTITLED TO PER DIEM FOR THAT PERIOD. LIKEWISE WHILE YOU WERE IN LONDON AWAITING THE SAILING OF THE VESSEL ON JULY 21, 1933, YOU MUST BE REGARDED AS HAVING BEEN ON ANNUAL LEAVE, RATHER THAN IN A TRAVEL STATUS, AND DURING SUCH PERIOD YOU WERE NOT ENTITLED TO PER DIEM. FURTHERMORE, IN SAID SETTLEMENT THERE WAS ERRONEOUSLY ALLOWED YOU AN AMOUNT OF $3.07 INCURRED ON JULY 7, 1933, COVERING LAUNDRY AND PRESSING CLOTHES. SAID AMOUNT IS AN ITEM OF SUBSISTENCE INCLUDED IN THE PER DIEM CHARGE AUTHORIZED ON THAT DAY.

UPON REVIEW OF THIS MATTER IT IS FOUND THAT THE SETTLEMENT OF DECEMBER 20, 1933, WAS ERRONEOUS AND THAT THE CORRECT AMOUNT DUE YOU ON THE TRAVEL VOUCHER WAS $25.79, LESS $5 REFUNDED TO YOU BY THE UNITED STATES STEAMSHIP LINES, OR AN AMOUNT OF $20.79. ACCORDINGLY, THE SETTLEMENT OF DECEMBER 20, 1933, WILL BE REVISED AND NAVY DISBURSING OFFICER'S CHECK NO. 230,303 DATED DECEMBER 27, 1933, ISSUED THEREON IN THE AMOUNT OF $42.89 WILL BE CANCELED AND A NEW SETTLEMENT ISSUED CERTIFYING THE AMOUNT OF $20.79 DUE YOU. A CHECK FOR SAID AMOUNT WILL BE FORWARDED TO YOU IN THE REGULAR COURSE OF BUSINESS.