B-102594, MAY 9, 1951, 30 COMP. GEN. 443

B-102594: May 9, 1951

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TRAVELING EXPENSES - LEAVES OF ABSENCE - RETURN TO HEADQUARTERS AFTER PERFORMANCE OF OFFICIAL DUTY AN EMPLOYEE WHO WAS ORDERED TO PERFORM TEMPORARY DUTY AT TERMINATION OF HIS LEAVE STATUS ON FRIDAY. IS ENTITLED TO PER DIEM FROM JANUARY 2. - TO THE DATE SUCH DUTY WAS COMPLETED. SUCH EMPLOYEE WOULD NOT BE ENTITLED TO PER DIEM FOR TRAVEL TIME AND COST OF RETURN TRANSPORTATION TO HIS OFFICIAL STATION IN ABSENCE OF EVIDENCE THAT THE COST OF SUCH RETURN TRAVEL WAS IN EXCESS OF THE COST WHICH WOULD HAVE BEEN INCURRED HAD HE PROCEEDED TO HIS OFFICIAL STATION IMMEDIATELY UPON TERMINATION OF HIS LEAVE. 1951: REFERENCE IS MADE TO YOUR LETTER OF APRIL 2. IT IS ASSUMED THAT THE REQUEST FOR DECISION WAS INTENDED TO BE SUBMITTED IN YOUR CAPACITY AS CERTIFYING OFFICER PURSUANT TO THE AUTHORIZATION CONTAINED IN SECTION 3 OF THE ACT OF DECEMBER 29.

B-102594, MAY 9, 1951, 30 COMP. GEN. 443

TRAVELING EXPENSES - LEAVES OF ABSENCE - RETURN TO HEADQUARTERS AFTER PERFORMANCE OF OFFICIAL DUTY AN EMPLOYEE WHO WAS ORDERED TO PERFORM TEMPORARY DUTY AT TERMINATION OF HIS LEAVE STATUS ON FRIDAY, DECEMBER 20, 1950, IS ENTITLED TO PER DIEM FROM JANUARY 2, 1951--- JANUARY 1 BEING A LEGAL HOLIDAY--- TO THE DATE SUCH DUTY WAS COMPLETED; HOWEVER, SUCH EMPLOYEE WOULD NOT BE ENTITLED TO PER DIEM FOR TRAVEL TIME AND COST OF RETURN TRANSPORTATION TO HIS OFFICIAL STATION IN ABSENCE OF EVIDENCE THAT THE COST OF SUCH RETURN TRAVEL WAS IN EXCESS OF THE COST WHICH WOULD HAVE BEEN INCURRED HAD HE PROCEEDED TO HIS OFFICIAL STATION IMMEDIATELY UPON TERMINATION OF HIS LEAVE.

COMPTROLLER GENERAL WARREN TO U. E. BAUGHMAN, TREASURY DEPARTMENT, MAY 9, 1951:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 2, 1951, TRANSMITTING A VOUCHER STATED IN FAVOR OF JOHN J. FITZGERALD, SPECIAL AGENT IN CHARGE, FOR $91.08, COVERING TRAVEL EXPENSES INCURRED DURING THE PERIOD JANUARY 2 TO 10, 1951, AND REQUESTING AN ADVANCE DECISION AS TO THE PROPRIETY OF HAVING SAID VOUCHER PAID.

WHILE YOU SIGNED THE LETTER IN YOUR CAPACITY AS CHIEF, U.S. SECRET SERVICE, IT IS ASSUMED THAT THE REQUEST FOR DECISION WAS INTENDED TO BE SUBMITTED IN YOUR CAPACITY AS CERTIFYING OFFICER PURSUANT TO THE AUTHORIZATION CONTAINED IN SECTION 3 OF THE ACT OF DECEMBER 29, 1941, 55 STAT. 876.

IT APPEARS FROM THE RECORD THAT MR. FITZGERALD WAS GRANTED ANNUAL LEAVE FROM HIS POST OF DUTY, LOUISVILLE, KENTUCKY, FROM DECEMBER 8 TO 29, 1950, INCLUSIVE; THAT AT THE TIME OF HIS DEPARTURE FROM HIS OFFICIAL STATION HE WAS NOT AWARE THAT OFFICIAL DUTIES WOULD BE REQUIRED AT HIS ANNUAL LEAVE POINT, NEW YORK, NEW YORK; AND THAT ON DECEMBER 13, HE WAS NOTIFIED THAT TEMPORARY DUTY WOULD BE REQUIRED IN NEW YORK ON DECEMBER 18, WHICH DATE SUBSEQUENTLY WAS CHANGED TO JANUARY 3, 1951. SINCE THE AGENT ALREADY WAS IN NEW YORK, HE WAS GIVEN PERMISSION ON DECEMBER 29 TO REMAIN THERE FOR DISCUSSION OF THE CASE OF A CONVICTED COUNTERFEITER, SUCH DISCUSSION TO BEGIN ON JANUARY 3, 1951. HE PERFORMED TEMPORARY DUTY IN NEW YORK JANUARY 3 TO 9, 1951, DEPARTED THEREFROM AT 5:25 P.M. JANUARY 9, AND ARRIVED IN LOUISVILLE 11:10 A.M. JANUARY 10, 1951. DECISION IS REQUESTED AS TO WHETHER MR. FITZGERALD IS ENTITLED TO (1) PER DIEM IN LIEU OF SUBSISTENCE OF JANUARY 2, 1951, (2) PER DIEM FROM TIME OF DEPARTURE FROM NEW YORK UNTIL TIME OF ARRIVAL IN LOUISVILLE, AND (3) USE GOVERNMENT TRANSPORTATION REQUESTS FOR HIS RETURN TRIP TO LOUISVILLE.

GENERALLY, AN EMPLOYEE ORDERED TO PERFORM TEMPORARY DUTY AT TERMINATION OF LEAVE STATUS IS ENTITLED TO REIMBURSEMENT ONLY FOR THE EXCESS TRAVEL COST INCURRED INCIDENT TO THE TEMPORARY ASSIGNMENT. 16 COMP. GEN. 164; ID. 481; 19 ID. 977; B-63593, FEBRUARY 27, 1947; B 81136, NOVEMBER 19, 1948, AND B-96982, OCTOBER 18, 1950. IN THE INSTANT CASE, THE EMPLOYEE WAS ORDERED TO REMAIN AT THE ANNUAL LEAVE POINT TO PERFORM TEMPORARY DUTY AND UNDER PARAGRAPH 45 (A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, EFFECTIVE OCTOBER 1, 1950, HE IS ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE FOR JANUARY 2. WITH RESPECT TO PER DIEM FOR TRAVEL TIME AND COST OF RETURN TRANSPORTATION TO LOUISVILLE, NO FACTS HAVE BEEN PRESENTED INDICATING THAT THE COST OF SUCH RETURN TRAVEL, INCLUDING SUBSISTENCE, WAS IN EXCESS OF THE COST WHICH WOULD HAVE BEEN INCURRED HAD HE PROCEEDED TO HIS OFFICIAL STATION IMMEDIATELY UPON THE TERMINATION OF HIS LEAVE. ACCORDINGLY, UPON THE PRESENT RECORD, QUESTIONS TWO AND THREE ARE ANSWERED IN THE NEGATIVE.

ACTION ON THE VOUCHER, WHICH IS RETURNED HEREWITH, SHOULD BE IN ACCORDANCE WITH THE ABOVE.