B-111879, OCTOBER 17, 1952, 32 COMP. GEN. 188

B-111879: Oct 17, 1952

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TRAVELING EXPENSES - TRAVEL BETWEEN PLACES OF LODGING AND TEMPORARY DUTY STATIONS WHERE SUBSISTENCE AND LODGING ACCOMMODATIONS ARE AVAILABLE AT TEMPORARY DUTY STATIONS PUBLIC TRANSPORTATION EXPENSES OF EMPLOYEES BETWEEN PLACES OF LODGING AND SUCH STATIONS CONSTITUTE ITEMS OF SUBSISTENCE AS DEFINED IN PARAGRAPH 44 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS RATHER THAN A TRANSPORTATION EXPENSE REIMBURSABLE UNDER PARAGRAPH 8 (B) OF SAID REGULATIONS. AN EMPLOYEE WHO INCURRED ADDITIONAL TRAVEL EXPENSES IN ORDER TO OBTAIN LODGING ACCOMMODATIONS CHEAPER THAN THOSE AVAILABLE AT A TEMPORARY DUTY STATION IS NOT ENTITLED UNDER PARAGRAPH 8 (B) OF THE TRAVEL REGULATIONS TO REIMBURSEMENT FOR SUCH EXPENSES. 7 ACTING COMPTROLLER GENERAL YATES TO LT.

B-111879, OCTOBER 17, 1952, 32 COMP. GEN. 188

TRAVELING EXPENSES - TRAVEL BETWEEN PLACES OF LODGING AND TEMPORARY DUTY STATIONS WHERE SUBSISTENCE AND LODGING ACCOMMODATIONS ARE AVAILABLE AT TEMPORARY DUTY STATIONS PUBLIC TRANSPORTATION EXPENSES OF EMPLOYEES BETWEEN PLACES OF LODGING AND SUCH STATIONS CONSTITUTE ITEMS OF SUBSISTENCE AS DEFINED IN PARAGRAPH 44 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS RATHER THAN A TRANSPORTATION EXPENSE REIMBURSABLE UNDER PARAGRAPH 8 (B) OF SAID REGULATIONS, AND THEREFORE, AN EMPLOYEE WHO INCURRED ADDITIONAL TRAVEL EXPENSES IN ORDER TO OBTAIN LODGING ACCOMMODATIONS CHEAPER THAN THOSE AVAILABLE AT A TEMPORARY DUTY STATION IS NOT ENTITLED UNDER PARAGRAPH 8 (B) OF THE TRAVEL REGULATIONS TO REIMBURSEMENT FOR SUCH EXPENSES.

7 ACTING COMPTROLLER GENERAL YATES TO LT. COMMANDER G. D. POLAND, DEPARTMENT OF THE NAVY, OCTOBER 17, 1952:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 11, 1952, 15C10: DG: ES, SUBMITTING A RECLAIM VOUCHER EXECUTED BY AN EMPLOYEE OF THE NAVAL AIR STATION, NORFOLK, VIRGINIA, IN THE AMOUNT OF $11.38, WHICH WAS THE AMOUNT OF THE ADMINISTRATIVE EXCEPTION TAKEN ON D.O. VOUCHER NO. 104403, PAID BY YOU, SYMBOL 57405, ON MAY 19, 1952, AND REQUESTING A DECISION WHETHER SAID VOUCHER MAY NOW BE PAID.

THE RECORD SHOWS THAT THE EMPLOYEE PURCHASED FOR THE PERIOD OF TEMPORARY DUTY TWO WEEKLY RAILROAD TICKETS AT $5.94 EACH, OR A TOTAL OF $11.88. THAT AMOUNT THE SUM OF $0.50, REPRESENTING THE LAST TRIP FROM HICKSVILLE, NEW YORK TO NEW YORK CITY, WAS ADMINISTRATIVELY ALLOWED ON D.O. VOUCHER NO. 104403, SUPRA, BUT EXCEPTION WAS TAKEN IN RESPECT OF THE SUM OF $11.38, UPON THE GROUND THAT THE TRANSPORTATION INVOLVED WAS INCIDENTAL TO SUBSISTENCE AND, THEREFORE, WAS INCLUDED IN THE PER DIEM IN LIEU OF SUBSISTENCE.

IN THE RECLAIM VOUCHER THE CLAIMANT STATES:

HOTEL ACCOMMODATIONS WERE NOT AVAILABLE AT BETHPAGE, NECESSARY TO TRAVEL BY TRAIN TO AND FROM GRUMMAN AIR. ENGR. CORP. DAILY, AS NEAREST AVAILABLE HOTEL ACCOMMODATIONS COMMENSURATE WITH THE AMOUNT OF MONEY ALLOWED WAS IN NEW YORK CITY. * * *

PARAGRAPH 8B AND 44, RESPECTIVELY, OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, PROVIDE, IN PERTINENT PART, AS FOLLOWS:

WHERE THE NATURE AND LOCATION OF THE WORK WHERE TEMPORARILY STATIONED ARE SUCH THAT SUITABLE MEALS AND LODGINGS CANNOT BE PROCURED THERE, THE EXPENSE OF DAILY TRAVEL REQUIRED TO PROCURE SUBSISTENCE AT THE NEAREST AVAILABLE PLACE WILL BE CONSIDERED AS NECESSARY TRANSPORTATION NOT INCIDENTAL TO SUBSISTENCE. A STATEMENT OF THE NECESSITY FOR SUCH DAILY TRAVEL SHOULD ACCOMPANY THE TRAVEL VOUCHER. * * * * * * * *

DEFINITION.--- THE PER DIEM IN LIEU OF SUBSISTENCE EXPENSES WILL BE HELD TO INCLUDE ALL CHARGES FOR * * * TRANSPORTATION BETWEEN PLACES OF LODGINGS OR WHERE MEALS ARE TAKEN AND PLACES OF DUTY.

WHILE CERTAIN GENERAL RULES HAVE BEEN ESTABLISHED FOR DETERMINING WHETHER TRAVEL PERFORMED BY EMPLOYEES BETWEEN PLACE OF LODGING AND TEMPORARY DUTY STATION SHOULD BE CONSIDERED AS NECESSARY TRANSPORTATION NOT INCIDENTAL TO SUBSISTENCE OR INCLUDED IN THEIR ALLOWANCE FOR SUBSISTENCE (PER DIEM), SUCH DETERMINATION MUST BE BASED UPON THE FACTS OF EACH CASE. SEE 3 COMP. GEN. 284; 16 ID. 562; 17 ID. 711; 26 ID. 286; 28 ID. 151.

THE STATEMENT FURNISHED BY THE CLAIMANT DOES NOT SHOW THAT LODGINGS WERE NOT AVAILABLE AT THE TEMPORARY DUTY STATION, BETHPAGE, BUT INDICATES THAT ACCOMMODATIONS WERE SECURED IN NEARBY NEW YORK CITY, BECAUSE THEY WERE LOWER IN COST, THUS PERMITTING CLAIMANT TO STAY WITHIN THE PER DIEM ALLOWANCE AUTHORIZED, AND THAT SUCH PERSONAL ARRANGEMENTS RESULTED IN THE EXTRA TRAVEL FOR WHICH CLAIM IS HERE MADE. THE PROVISIONS OF PARAGRAPH 8B REQUIRE THAT SUITABLE LODGINGS CANNOT BE PROCURED BEFORE THE *EXPENSE OF DAILY TRAVEL REQUIRED TO PROCURE SUCH ACCOMMODATIONS AT THE NEAREST PLACE WILL BE CONSIDERED AS NECESSARY TRANSPORTATION NOT INCIDENTAL TO SUBSISTENCE AND THE FURNISHING OF A STATEMENT TO THAT EFFECT. BASED UPON THE PRESENT RECORD, IT MUST BE CONCLUDED THAT THE TRAVEL HERE INVOLVED DOES NOT FALL WITHIN THE PURVIEW OF SAID PARAGRAPH BUT MUST BE CONSIDERED AS SUBSISTENCE EXPENSE UNDER PARAGRAPH 44, SUPRA.

ACCORDINGLY, PAYMENT ON THE RECLAIM VOUCHER IS NOT AUTHORIZED, WHICH VOUCHER WILL BE RETAINED IN THE FILES OF THIS OFFICE.