B-114433, MAY 11, 1953, 32 COMP. GEN. 519

B-114433: May 11, 1953

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TRAVELING EXPENSES - PER DIEM - TRANSFERS - AT OWN REQUEST FOR PERSONAL CONVENIENCE SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946 PROVIDES THAT EXPENSES OF EMPLOYEES ON TRANSFERS OF OFFICIAL STATION MAY NOT BE ALLOWED WHERE THE TRANSFER IS MADE PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE EMPLOYEE OR AT HIS REQUEST. AN EMPLOYEE WHO WAS TRANSFERRED TO NEW OFFICIAL STATION AT OWN REQUEST AND FOR PERSONAL CONVENIENCE. WHO A MONTH LATER BECAUSE OF OFFICIAL NECESSITY WAS TRANSFERRED TO DIFFERENT OFFICIAL STATION. 1953: REFERENCE IS MADE TO YOUR LETTER OF MARCH 26. HIS HEADQUARTERS WERE ORDERED CHANGED. EXPENSES IN CONNECTION WITH THE TRANSFER WERE TO BE DEFRAYED BY THE EMPLOYEE. IT WAS SUBSEQUENTLY DETERMINED BY THE BUREAU THAT THE EMPLOYEE'S SERVICES WERE NEEDED IN WASHINGTON.

B-114433, MAY 11, 1953, 32 COMP. GEN. 519

TRAVELING EXPENSES - PER DIEM - TRANSFERS - AT OWN REQUEST FOR PERSONAL CONVENIENCE SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946 PROVIDES THAT EXPENSES OF EMPLOYEES ON TRANSFERS OF OFFICIAL STATION MAY NOT BE ALLOWED WHERE THE TRANSFER IS MADE PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE EMPLOYEE OR AT HIS REQUEST, AND THEREFORE, AN EMPLOYEE WHO WAS TRANSFERRED TO NEW OFFICIAL STATION AT OWN REQUEST AND FOR PERSONAL CONVENIENCE, AND WHO A MONTH LATER BECAUSE OF OFFICIAL NECESSITY WAS TRANSFERRED TO DIFFERENT OFFICIAL STATION, MAY NOT BE REIMBURSED FOR TRAVEL EXPENSES AND PER DIEM IN LIEU OF SUBSISTENCE INCIDENT TO THE TRAVEL TO THE FIRST STATION CHANGE.

COMPTROLLER GENERAL WARREN TO W. R. GLAVIN, DEPARTMENT OF JUSTICE, MAY 11, 1953:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 26, 1953, REQUESTING WHETHER UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED, YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED IN THE AMOUNT OF $58.79 IN FAVOR OF ALEX G. NAGY, AN EMPLOYEE OF YOUR BUREAU, FOR TRAVEL EXPENSES AND PER DIEM IN LIEU OF SUBSISTENCE INCIDENT TO TRAVEL FROM CHICAGO, ILLINOIS, TO NEW YORK, NEW YORK.

BY LETTER OF OCTOBER 13, 1952, ISSUED PURSUANT TO MR. NAGY'S REQUEST FOR A TRANSFER TO NEW HAVEN OR ANY OFFICE IN THAT AREA IN ORDER THAT HE MIGHT VISIT HIS FATHER, HIS HEADQUARTERS WERE ORDERED CHANGED,"PUBLIC BUSINESS PERMITTING," FROM CHICAGO, ILLINOIS, TO NEW YORK, NEW YORK, EFFECTIVE UPON ARRIVAL THERE. EXPENSES IN CONNECTION WITH THE TRANSFER WERE TO BE DEFRAYED BY THE EMPLOYEE. MR. NAGY REPORTED FOR DUTY IN NEW YORK CITY ON NOVEMBER 3, 1952. IT WAS SUBSEQUENTLY DETERMINED BY THE BUREAU THAT THE EMPLOYEE'S SERVICES WERE NEEDED IN WASHINGTON, D.C., AND BY OFFICIAL TRANSFER LETTER DATED DECEMBER 5, 1952, HIS HEADQUARTERS WERE CHANGED FROM NEW YORK CITY TO WASHINGTON, .C., EFFECTIVE UPON ARRIVAL THERE. MR. NAGY REPORTED FOR DUTY IN WASHINGTON ON DECEMBER 19, 1952. IN YOUR LETTER IT IS STATED THAT IN VIEW OF THE FACT THAT IT WAS NECESSARY TO TRANSFER MR. NAGY TO WASHINGTON, D.C., PRIOR TO THE TIME HE HAD ACCOMPLISHED THE PURPOSE FOR WHICH HE WAS TRANSFERRED TO NEW YORK CITY, IT IS FELT THAT THE COSTS OF HIS TRANSPORTATION TO THAT POINT FROM CHICAGO SHOULD BE BORNE BY THE BUREAU. IN THIS CONNECTION IT IS NOT ENTIRELY CLEAR AS TO HOW A TIME LIMIT COULD BE PLACED UPON THE ACCOMPLISHMENT OF MR. NAGY'S PURPOSE, WHICH ACCORDING TO THE RECORD WAS TO BE NEAR HIS FATHER.

THE RIGHT TO REIMBURSEMENT FOR EXPENSES INCURRED UPON TRANSFER OF OFFICIAL HEADQUARTERS IS GOVERNED BY SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806. SUCH SECTION PROVIDES, IN PART, THAT EXPENSES OF TRANSFER OF OFFICIAL STATION MAY NOT BE ALLOWED WHERE THE TRANSFER IS MADE PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE EMPLOYEE OR AT HIS REQUEST. SINCE THE TRANSFER HERE INVOLVED WAS MADE FOR THE CONVENIENCE OF THE EMPLOYEE, AND THE AUTHORITY THEREFOR ISSUED AT HIS REQUEST, PUBLIC BUSINESS PERMITTING, REIMBURSEMENT OF EXPENSES IS PRECLUDED BY THE ABOVE ACT. THE SUBSEQUENT CHANGE OF HEADQUARTERS TO WASHINGTON, D.C., FOR OFFICIAL REASONS, MAY NOT BE CONSIDERED AS ALTERING THE PURPOSE FOR WHICH THE ORIGINAL TRANSFER WAS AFFECTED.

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