B-107353, MARCH 3, 1952, 31 COMP. GEN. 440

B-107353: Mar 3, 1952

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IS NOT ENTITLED UNDER PARAGRAPH 45 (D) OF STANDARDIZED GOVERNMENT TRAVEL REGULATIONS TO PAYMENT OF THE TRAVEL EXPENSES INVOLVED. WHICH IS LESS THAN GOVERNMENT WOULD HAVE BEEN REQUIRED TO PAY HAD HE REMAINED AT HIS TEMPORARY DUTY STATION OR RETURNED TO HIS OFFICIAL STATION FOR THE NONWORKDAYS INVOLVED. 1952: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 5. THE TRIPS WERE MADE ON THURSDAYS. THE RETURN TRIPS WERE MADE ON SUNDAYS. WERE COVERED BY APPROVED SICK LEAVE. SCHULZE EXPLAINS THAT THE TRIPS WERE NECESSARY TO RECEIVE SPECIAL MEDICAL TREATMENT AT A CLINIC LOCATED IN RUSSELLVILLE. WHEN SUCH ACTION IS AUTHORIZED OR APPROVED BY A PROPER ADMINISTRATIVE OFFICIAL. THERE IS NO INDICATION THAT THE LAW OR REGULATIONS INTENDED TO AUTHORIZE PAYMENT OF TRANSPORTATION FOR REPEATED RETURNS BY AN EMPLOYEE TO HIS OFFICIAL STATION FOR CLINICAL TREATMENT.

B-107353, MARCH 3, 1952, 31 COMP. GEN. 440

TRAVELING EXPENSES - PER DIEMS - PERSONAL CONVENIENCE - RETURN TO HEADQUARTERS FOR CLINICAL MEDICAL TREATMENT PRIOR TO COMPLETION OF TEMPORARY DUTY AN EMPLOYEE WHO, PRIOR TO COMPLETION OF A TEMPORARY DUTY ASSIGNMENT, RETURNS TO HIS OFFICIAL DUTY STATION FOR CLINICAL MEDICAL TREATMENT, RATHER THAN BY REASON OF INCAPACITY THROUGH ILLNESS, IS NOT ENTITLED UNDER PARAGRAPH 45 (D) OF STANDARDIZED GOVERNMENT TRAVEL REGULATIONS TO PAYMENT OF THE TRAVEL EXPENSES INVOLVED; HOWEVER, PER DIEM IN LIEU OF SUBSISTENCE, WHICH IS LESS THAN GOVERNMENT WOULD HAVE BEEN REQUIRED TO PAY HAD HE REMAINED AT HIS TEMPORARY DUTY STATION OR RETURNED TO HIS OFFICIAL STATION FOR THE NONWORKDAYS INVOLVED, MAY BE ALLOWED FOR SUCH TRAVEL.

COMPTROLLER GENERAL WARREN TO WELLS E. LUDLOW, DEPARTMENT OF AGRICULTURE, MARCH 3, 1952:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 5, 1952, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED COVERING REIMBURSEMENT TO HERBERT H. SCHULZE, AN EMPLOYEE OF YOUR ADMINISTRATION, UPON A MILEAGE BASIS FOR TWO ROUND TRIPS FROM HIS TEMPORARY DUTY STATION AT OKLAHOMA CITY, OKLAHOMA, TO HIS HOME AND HEADQUARTERS AT RUSSELLVILLE, ARKANSAS, AND PER DIEM IN LIEU OF SUBSISTENCE WHILE EN ROUTE. THE TRIPS WERE MADE ON THURSDAYS, JULY 12 AND JULY 19, AND THE RETURN TRIPS WERE MADE ON SUNDAYS, JULY 15 AND 22, 1951. THE FRIDAYS, JULY 13 AND 20, 1951, WERE COVERED BY APPROVED SICK LEAVE. MR. SCHULZE EXPLAINS THAT THE TRIPS WERE NECESSARY TO RECEIVE SPECIAL MEDICAL TREATMENT AT A CLINIC LOCATED IN RUSSELLVILLE.

PARAGRAPH 45D OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED OCTOBER 1, 1950, PROVIDES:

TRANSPORTATION EXPENSES TO EMPLOYEE'S DESIGNATED POST OF DUTY AND PER DIEM EN ROUTE SHALL BE ALLOWED WHENEVER THE EMPLOYEE BECOMES INCAPACITATED DUE TO ILLNESS OR INJURY NOT DUE TO HIS OWN MISCONDUCT WHILE EN ROUTE TO OR WHILE AT TEMPORARY DUTY STATION PRIOR TO COMPLETION OF TEMPORARY DUTY ASSIGNMENT WHEN AUTHORIZED OR APPROVED BY THE PROPER ADMINISTRATIVE OFFICIAL.

YOUR DOUBT IN THE MATTER ARISES FROM THE FACT THAT THE EMPLOYEE RETURNED FROM HIS TEMPORARY TO HIS OFFICIAL STATION FOR CLINICAL MEDICAL TREATMENT RATHER THAN FROM HIS INCAPACITY THROUGH ILLNESS TO COMPLETE HIS ASSIGNMENT AT HIS TEMPORARY STATION.

AN EXAMINATION OF THE LEGISLATIVE HISTORY OF PUBLIC LAW 482, APPROVED APRIL 26, 1950, 64 STAT. 89, AND OF THE TRAVEL REGULATIONS ISSUED PURSUANT THERETO, EVIDENCES AN INTENT TO PAY THE TRANSPORTATION EXPENSES INCIDENT TO THE RETURN TO HIS OFFICIAL STATION OF AN EMPLOYEE WHO BECOMES INCAPACITATED DUE TO ILLNESS NOT DUE TO HIS OWN MISCONDUCT WHILE EN ROUTE TO OR WHILE AT A TEMPORARY DUTY STATION PRIOR TO THE COMPLETION OF HIS ASSIGNMENT, WHEN SUCH ACTION IS AUTHORIZED OR APPROVED BY A PROPER ADMINISTRATIVE OFFICIAL. THERE IS NO INDICATION THAT THE LAW OR REGULATIONS INTENDED TO AUTHORIZE PAYMENT OF TRANSPORTATION FOR REPEATED RETURNS BY AN EMPLOYEE TO HIS OFFICIAL STATION FOR CLINICAL TREATMENT. ANY SUCH CONSTRUCTION WOULD RESULT IN OPENING THE WAY CHARGING THE GOVERNMENT WITH AN EMPLOYEE'S TRANSPORTATION EXPENSES TO HIS OFFICIAL STATION FOR THE PURPOSE OF KEEPING MEDICAL, DENTAL, OR ANY SIMILAR APPOINTMENTS FOR WHICH SICK LEAVE PROPERLY MIGHT BE GRANTED. TO IMPUTE TO THE LAW ANY SUCH INTENT OBVIOUSLY WOULD NOT BE PROPER. ACCORDINGLY, CERTIFICATION OF THE VOUCHER FOR PAYMENT OF THE TRANSPORTATION EXPENSES INVOLVED IS NOT AUTHORIZED.

WITH RESPECT TO THE PER DIEM IN LIEU OF SUBSISTENCE INVOLVED IT APPEARS THAT THE AMOUNT CLAIMED FOR PERIODS JULY 12 THOUGH JULY 15 AND JULY 19 THROUGH JULY 22, 1951, NAMELY, $11, IN ONE INSTANCE AND $12.75 IN THE OTHER, IS LESS THAN THE GOVERNMENT WOULD HAVE BEEN REQUIRED TO PAY HAD THE EMPLOYEE REMAINED AT HIS TEMPORARY DUTY STATION OR RETURNED TO HIS OFFICIAL STATION FOR THE NONWORK DAYS INVOLVED. ACCORDINGLY, PER DIEM MAY BE ALLOWED TO THE EXTENT CLAIMED BY THE EMPLOYEE ON HIS RECLAIM VOUCHER.

THE VOUCHER TRANSMITTED WITH YOUR LETTER IS RETURNED HEREWITH AND IT PROPERLY MAY BE CERTIFIED FOR PAYMENT ONLY IN ACCORDANCE WITH THE FOREGOING.