B-105667, OCTOBER 12, 1951, 31 COMP. GEN. 144

B-105667: Oct 12, 1951

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AN EMPLOYEE IN A SUBSISTENCE STATUS WHO IS AWAY FROM HIS OFFICIAL DUTY STATION IS ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE ON NONWORKDAYS WHICH ARE NOT IMMEDIATELY PRECEDED AND FOLLOWED BY A LEAVE OF ABSENCE. PER DIEM WAS DISALLOWED ADMINISTRATIVELY FOR NONWORKDAYS JUNE 2 AND 3 ( SATURDAY AND SUNDAY). HILTS IS SIMILAR TO THE ABOVE CASE. ALL OF WHICH WAS DENIED ADMINISTRATIVELY. IT IS STATED IN YOUR LETTER THAT THE ADMINISTRATIVE DISALLOWANCES WERE DUE TO DOUBT AS TO THE CORRECT APPLICATION OF PARAGRAPH 45A. THE TRAVELER WILL BE REGARDED AS BEING IN SUBSISTENCE STATUS UNTIL MIDNIGHT OF THE LAST DAY PRECEDING THE LEAVE OF ABSENCE AND FROM 12:01 A. A TRAVELER WILL BE CONSIDERED TO BE IN SUBSISTENCE STATUS ON NONWORKDAYS UNLESS HE RETURNS TO HIS OFFICIAL STATION OR UNLESS SUCH NONWORKDAY IS IMMEDIATELY PRECEDED AND FOLLOWED BY LEAVE OF ABSENCE. * * UNDER THAT PROVISION OF THE TRAVEL REGULATIONS.

B-105667, OCTOBER 12, 1951, 31 COMP. GEN. 144

SUBSISTENCE - PER DIEMS - NONWORKDAYS UNDER THE PROVISIONS OF SECTION 45A, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, AN EMPLOYEE IN A SUBSISTENCE STATUS WHO IS AWAY FROM HIS OFFICIAL DUTY STATION IS ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE ON NONWORKDAYS WHICH ARE NOT IMMEDIATELY PRECEDED AND FOLLOWED BY A LEAVE OF ABSENCE; TO TERMINATE THE EMPLOYEE'S SUBSISTENCE STATUS THE NONWORKDAY MUST BE IMMEDIATELY PRECEDED AND FOLLOWED BY A LEAVE OF ABSENCE.

COMPTROLLER GENERAL WARREN TO OLIVER CASWELL, DEPARTMENT OF THE INTERIOR, OCTOBER 12, 1951:

BY LETTER OF SEPTEMBER 12, 1951, FILE NO. 370 THE BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR, FORWARDED HERE FOR CONSIDERATION YOUR LETTER OF AUGUST 13, 1951, FILE NO. 310, TRANSMITTING TWO RECLAIM VOUCHERS STATED IN FAVOR OF GRANVILLE W. TILGHMAN AND GEORGE B. HILTS FOR $7.20 AND $13.50, RESPECTIVELY, REPRESENTING PER DIEM IN LIEU OF SUBSISTENCE, AND REQUESTING AN ADVANCE DECISION AS TO THE PROPRIETY OF PAYMENT THEREOF.

IT APPEARS FROM THE FACTS PRESENTED THAT MR. TILGHMAN, WHILE ON PROPERLY AUTHORIZED TEMPORARY DUTY ENTERED AN ANNUAL LEAVE STATUS ON MAY 28, 1951 ( MONDAY), WHICH LEAVE EXTENDED THROUGH JUNE 1, 1951 ( FRIDAY). PER DIEM WAS DISALLOWED ADMINISTRATIVELY FOR NONWORKDAYS JUNE 2 AND 3 ( SATURDAY AND SUNDAY), FOLLOWING THE LEAVE OF ABSENCE. THE CASE OF MR. HILTS IS SIMILAR TO THE ABOVE CASE--- THE ONLY ESSENTIAL DIFFERENCES BEING THAT HIS LEAVE OF ABSENCE EXTENDED FROM 7:45 A.M., MONDAY, JUNE 25, 1951, THROUGH 4:30 P.M., FRIDAY, JUNE 29, 1951, AND THAT HE CLAIMS PER DIEM FOR ONE-HALF DAY ON JUNE 25, AND ONE-FOURTH DAY ON JUNE 29, IN ADDITION TO PER DIEM FOR THE NONWORKING DAYS IMMEDIATELY PRECEDING AND FOLLOWING THE LEAVE OF ABSENCE, ALL OF WHICH WAS DENIED ADMINISTRATIVELY.

IT IS STATED IN YOUR LETTER THAT THE ADMINISTRATIVE DISALLOWANCES WERE DUE TO DOUBT AS TO THE CORRECT APPLICATION OF PARAGRAPH 45A, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED OCTOBER 1, 1950, WHICH PARAGRAPH PROVIDES, IN PERTINENT PART, AS FOLLOWS:

* * * IF LEAVE OF ABSENCE DOES NOT BEGIN OR TERMINATE WITHIN THE TRAVELER'S PRESCRIBED HOURS OF DUTY, THE TRAVELER WILL BE REGARDED AS BEING IN SUBSISTENCE STATUS UNTIL MIDNIGHT OF THE LAST DAY PRECEDING THE LEAVE OF ABSENCE AND FROM 12:01 A. M. OF THE DAY FOLLOWING THE LEAVE OF ABSENCE. A TRAVELER WILL BE CONSIDERED TO BE IN SUBSISTENCE STATUS ON NONWORKDAYS UNLESS HE RETURNS TO HIS OFFICIAL STATION OR UNLESS SUCH NONWORKDAY IS IMMEDIATELY PRECEDED AND FOLLOWED BY LEAVE OF ABSENCE. * *

UNDER THAT PROVISION OF THE TRAVEL REGULATIONS, THE FACT THAT AN EMPLOYEE, OTHERWISE IN A SUBSISTENCE STATUS, IS ON LEAVE OF ABSENCE IMMEDIATELY PRECEDING A NONWORKDAY OR IMMEDIATELY FOLLOWING A NONWORKDAY DOES NOT OPERATE TO TAKE HIM OUT OF A SUBSISTENCE STATUS FOR SUCH NONWORKDAYS. TO TERMINATE THE SUBSISTENCE STATUS THE NONWORKDAY MUST BE IMMEDIATELY PRECEDED AND FOLLOWED BY LEAVE OF ABSENCE, WHICH IS NOT THE CASE HERE. ACCORDINGLY, THE VOUCHERS MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE PROPER, SUBJECT, OF COURSE, TO THE CONDITION THAT NO PER DIEM WILL BE ALLOWED TO MR. HILTS FOR JUNE 25 AND JUNE 29.