B-108765, APRIL 11, 1952, 31 COMP. GEN. 509

B-108765, APRIL 11, 1952, 31 COMP. GEN. 509

TRAVELING EXPENSES - RETURN TO HEADQUARTERS FROM PLACE WHERE TEMPORARY DUTY WAS ORDERED AN EMPLOYEE WHO WAS ORDERED TO ENTER UPON TEMPORARY DUTY AT A PLACE AWAY FROM HIS OFFICIAL HEADQUARTERS WHERE HE HAD TRAVELED FOR PERSONAL REASONS OVER A WEEKEND INVOLVING NO LEAVE, IS ENTITLED TO PER DIEM FOR THE PERIOD OF TEMPORARY DUTY AND TO THE ACTUAL MILEAGE TRAVELED ON THE RETURN TRIP WHICH EXCEEDED THE MILEAGE OVER THE ROUTE THE EMPLOYEE WOULD HAVE TRAVELED HAD HE NOT BEEN REQUIRED TO PERFORM THE TEMPORARY DUTY EN ROUTE.

ACTING COMPTROLLER GENERAL YATES TO U. E. BAUGHMAN, DEPARTMENT OF THE TREASURY, APRIL 11, 1952:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 26, 1952 (FILE 430.0), REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED IN FAVOR OF FRANK G. STONER INSOFAR AS IT PERTAINS TO TRAVEL EXPENSES AND PER DIEM IN LIEU OF SUBSISTENCE COVERING FEBRUARY 25 AND 26, 1952.

IT APPEARS THAT MR. STONER, WHOSE HEADQUARTERS IS AT SPOKANE, WASHINGTON, TRAVELED BY PRIVATELY OWNED AUTOMOBILE TO SEATTLE FOR PERSONAL REASONS DURING THE WEEK END PRECEDING FEBRUARY 25, NO ANNUAL LEAVE BEING INVOLVED; THAT PRIOR TO LEAVING HEADQUARTERS, HE HAD BEEN REQUESTED TO INTERVIEW A REPRESENTATIVE OF GENERAL SERVICES ADMINISTRATION AT SEATTLE AND TO MAKE SOME INQUIRIES AT MOSES LAKE ON HIS RETURN TRIP; THAT HE WAS ENGAGED ON OFFICIAL BUSINESS AT SEATTLE ON FEBRUARY 25, FROM :00 A.M. THROUGH THE BALANCE OF THAT DAY; THAT HIS OFFICIAL BUSINESS IN MOSES LAKE WAS FROM 1:30 P.M. TO 3:00 P.M. ON FEBRUARY 26, AND HE ARRIVED AT SPOKANE 5:30 P.M. ON THAT DAY. SPECIFICALLY YOU REQUEST ANSWER TO THE FOLLOWING QUESTIONS:

1. IS MR. STONER ENTITLED TO PER DIEM FROM THE TIME HE RESUMED DUTY IN SEATTLE AT 9:00 A.M. ON FEBRUARY 25 UNTIL HIS RETURN TO SPOKANE AT 5:30 P.M. ON FEBRUARY 26? IF NOT, FOR WHAT PERIOD OR PERIODS DURING THESE DAYS WOULD HE BE ENTITLED TO PER DIEM?

2. IS HE ENTITLED TO RETURN TRANSPORTATION FROM SEATTLE TO SPOKANE ON A COMPARATIVE COST AS IS?

GENERALLY, AN EMPLOYEE ORDERED TO PERFORM TEMPORARY DUTY AT THE TERMINATION OF A LEAVE STATUS IS ENTITLED TO REIMBURSEMENT ONLY FOR THE EXCESS TRAVEL COSTS INCURRED INCIDENT TO THE TEMPORARY DUTY ASSIGNMENT. SEE 30 COMP. GEN. 443, AND CASES THEREIN CITED. THE SAME RULE IS FOR APPLICATION WHEN THE ABSENCE FROM HEADQUARTERS IS WITHOUT CHARGE TO ANNUAL LEAVE BUT INVOLVES NONWORKDAYS. AS MR. STONER PRESUMABLY WOULD HAVE RETURNED TO HEADQUARTERS BEFORE FEBRUARY 25, HE MAY BE ALLOWED FULL PER DIEM IN LIEU OF SUBSISTENCE AT THE AUTHORIZED RATE FOR THAT DAY AND THREE FOURTHS PER DIEM FOR FEBRUARY 26. HE IS NOT ENTITLED TO ANY MILEAGE ALLOWANCE EXCEPT TO THE EXTENT THAT THE ACTUAL MILEAGE TRAVELED ON THE RETURN TRIP EXCEEDED THE MILEAGE OVER THE ROUTE HE WOULD HAVE TRAVELED HAD HE NOT BEEN REQUIRED TO STOP AT MOSES LAKE. HE IS NOT ENTITLED TO REIMBURSEMENT FOR TRANSPORTATION ON THE RETURN TRIP ON THE BASIS OF A COMPARISON BETWEEN MILEAGE AND BUS FARE. YOUR QUESTIONS ARE ANSWERED ACCORDINGLY.

THE VOUCHER IS RETURNED HEREWITH AND, IF OTHERWISE CORRECT, MAY BE CERTIFIED FOR PAYMENT IN ACCORDANCE WITH THE FOREGOING.