B-114397, APRIL 15, 1953, 32 COMP. GEN. 452

B-114397: Apr 15, 1953

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MILEAGE - LEAVE OF ABSENCE - TEMPORARY DUTY AN EMPLOYEE WHO TRAVELED TO ANOTHER CITY FOR PERSONAL REASONS OVER A WEEKEND WHICH INVOLVED NO LEAVE AND WHO WAS REQUESTED TO PERFORM TEMPORARY DUTY AT SUCH PLACE IS NOT ENTITLED TO PER DIEM FOR TRAVEL TIME OR MILEAGE ALLOWANCE WHERE NO ADDITIONAL TRAVEL WAS INVOLVED BY REASON OF THE TEMPORARY DUTY. NOTWITHSTANDING THAT LEAVE WAS CHARGED FOR THE PERIOD OF THE RETURN TRAVEL. 1953: REFERENCE IS MADE TO YOUR LETTER OF MARCH 19. BAUERFIEND WAS GRANTED ANNUAL LEAVE FOR NOVEMBER 3. BAUERFIEND WAS REQUESTED TO REMAIN AT THE DALLAS OFFICE FOR THE REMAINDER OF THAT DAY AND PART OF THE NEXT. SERVICES WERE RENDERED FROM SHORTLY AFTER 8 A.M. THE RECORD INDICATES THAT THE CLAIMANT WAS CHARGED WITH FOUR (4) HOURS ANNUAL LEAVE ON NOVEMBER 4.

B-114397, APRIL 15, 1953, 32 COMP. GEN. 452

MILEAGE - LEAVE OF ABSENCE - TEMPORARY DUTY AN EMPLOYEE WHO TRAVELED TO ANOTHER CITY FOR PERSONAL REASONS OVER A WEEKEND WHICH INVOLVED NO LEAVE AND WHO WAS REQUESTED TO PERFORM TEMPORARY DUTY AT SUCH PLACE IS NOT ENTITLED TO PER DIEM FOR TRAVEL TIME OR MILEAGE ALLOWANCE WHERE NO ADDITIONAL TRAVEL WAS INVOLVED BY REASON OF THE TEMPORARY DUTY, NOTWITHSTANDING THAT LEAVE WAS CHARGED FOR THE PERIOD OF THE RETURN TRAVEL.

COMPTROLLER GENERAL WARREN TO FRANK L. POSEY, OFFICE OF PRICE STABILIZATION, APRIL 15, 1953:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 19, 1953 ( 1000/2920 (, FORWARDED HERE BY LETTER OF MARCH 24, 1953 ( 2933/LKM (, FROM THE DIRECTOR, BUDGET AND FINANCE DIVISION, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE RECLAIM VOUCHER THEREWITH TRANSMITTED IN FAVOR OF LANUS E. BAUERFEIND FOR $47.50, COVERING TRANSPORTATION AND PER DIEM SUSPENDED FROM D.O. VOUCHER NO. 45403.

IT APPEARS FROM YOUR LETTER AND THE ENCLOSURES TRANSMITTED THEREWITH THAT MR. BAUERFIEND WAS GRANTED ANNUAL LEAVE FOR NOVEMBER 3, 1952, IN ORDER THAT HE MIGHT TRAVEL FROM SAN ANTONIO, TEXAS, TO DALLAS, TEXAS, FOR THE PURPOSE OF BEING INTERVIEWED BY PRODUCTION AND MARKETING ADMINISTRATION OFFICIALS FOR A POSITION WITH THAT AGENCY. HE LEFT SAN ANTONIO BY PRIVATELY OWNED AUTOMOBILE ON SUNDAY, NOVEMBER 2, 1952, IN ORDER TO KEEP HIS APPOINTMENT THE FOLLOWING DAY. ON MONDAY MORNING, BEFORE KEEPING HIS PERSONAL APPOINTMENT, HE STOPPED IN TO SEE MR. LEE THOMAS, OFFICE OF PRICE STABILIZATION REGIONAL ENFORCEMENT DIRECTOR, AND DURING THE COURSE OF THEIR CONVERSATION MR. BAUERFIEND WAS REQUESTED TO REMAIN AT THE DALLAS OFFICE FOR THE REMAINDER OF THAT DAY AND PART OF THE NEXT. MR. BAUERFIEND AGREED TO DO THIS AND, ACCORDING TO A STATEMENT IN THE RECORD BY MR. THOMAS, SERVICES WERE RENDERED FROM SHORTLY AFTER 8 A.M., NOVEMBER 3, UNTIL ABOUT 1 P.M., NOVEMBER 4, WITH THE EXCEPTION OF ABOUT 45 MINUTES FOR ATTENDING TO PERSONAL BUSINESS. THE RECORD INDICATES THAT THE CLAIMANT WAS CHARGED WITH FOUR (4) HOURS ANNUAL LEAVE ON NOVEMBER 4, 1952. TRAVEL ORDER NO. OPS-1005-53-146, DATED RETROACTIVELY TO NOVEMBER 1, 1952, AUTHORIZED PER DIEM ONLY FOR THE PERIOD BEGINNING ON OR ABOUT NOVEMBER 2, 1952, AND ENDING ON OR ABOUT NOVEMBER 4, 1952. THE DISTRICT ENFORCEMENT DIRECTOR STATES THAT MR. BAUERFIEND "WOULD NOT HAVE BEEN SENT TO DALLAS BY THE GOVERNMENT UNDER THE CIRCUMSTANCES.' CLAIM WAS MADE ON D.O. VOUCHER NO. 45403, FOR MILEAGE AT SEVEN CENTS PER MILE FROM SAN ANTONIO TO DALLAS AND RETURN, AMOUNTING TO $38.50, PLUS 2 1/2 DAYS PER DIEM AT $9 PER DAY, AMOUNTING TO $22.50, OR A TOTAL OF $61. OF THAT SUM THE ADMINISTRATIVE OFFICE SUSPENDED $47.50, REPRESENTING THE ENTIRE MILEAGE CLAIMED, AND ONE DAY'S PER DIEM IN LIEU OF SUBSISTENCE. THE DISTRICT DIRECTOR, THE OFFICIAL WHO SIGNED THE TRAVEL ORDER AUTHORIZING PER DIEM, HAS DISAPPROVED THE RECLAIM.

GENERALLY, AN EMPLOYEE ORDERED TO PERFORM DUTY AT THE TERMINATION OF A LEAVE STATUS IS ENTITLED TO REIMBURSEMENT ONLY FOR THE EXCESS COSTS INCURRED INCIDENT TO THE TEMPORARY DUTY ASSIGNMENT, AND THIS RULE IS ALSO FOR APPLICATION WHEN THE ABSENCE FROM HEADQUARTERS IS WITHOUT CHARGE TO ANNUAL LEAVE BUT INVOLVES NON-WORKDAYS. SEE 31 COMP. GEN. 509. THE FACT THAT THE ONLY LEAVE CHARGE MADE IN THIS CASE WAS FOR THE PERIOD OF RETURN TRAVEL ON NOVEMBER 4, OR SUBSEQUENT TO PERFORMANCE/OF THE TEMPORARY DUTY, OFFERS NO BASIS FOR APPLICATION OF A DIFFERENT RULE. AS NO ADDITIONAL TRAVEL WAS INVOLVED BY REASON OF MR. BAUERFEIND'S PERFORMANCE OF TEMPORARY DUTY, HE IS NOT ENTITLED TO ANY MILEAGE ALLOWANCE, AND PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE IS LIMITED TO THE PERIOD FROM 8 A.M., NOVEMBER 3, TO 1 P.M., NOVEMBER 4, THE TIME INVOLVED BY THE TEMPORARY DUTY ASSIGNMENT. REIMBURSEMENT TO THAT EXTENT WAS ALLOWED ON D.O. VOUCHER NO. 45403.

THE RECLAIM VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.