B-114547, MAY 6, 1953, 32 COMP. GEN. 493

B-114547: May 6, 1953

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

SUBSISTENCE - PER DIEM - TEMPORARY STATION SUBSEQUENTLY MADE PERMANENT AN EMPLOYEE WHO REPORTED TO A TEMPORARY DUTY STATION FOR TRAINING AND INSTRUCTION WITH THE UNDERSTANDING THAT IF HE SHOWED APTITUDE AND ABILITY TO PERFORM THE NEW DUTIES HE WOULD BE PERMANENTLY TRANSFERRED IS ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE. 1953: REFERENCE IS MADE TO YOUR LETTER OF MARCH 20. CALDWELL WAS TRANSFERRED FROM OUR CHARLOTTE DISTRICT OFFICE TO THE REGIONAL OFFICE EFFECTIVE NOVEMBER 23. WAS NOVEMBER 21. HE WAS REQUESTED BY TELEPHONE TO REPORT TO THE REGIONAL OFFICE FOR TWO DAYS OF TRAINING BY THE EMPLOYEE (RESIGNING) WHOM HE WOULD REPLACE. A TRAVEL ORDER WAS ISSUED DATED NOVEMBER 19. PER DIEM IN LIEU OF SUBSISTENCE FOR WHICH RECLAIM IS MADE COVERS THE PERIOD FROM 3:25 P.M.

B-114547, MAY 6, 1953, 32 COMP. GEN. 493

SUBSISTENCE - PER DIEM - TEMPORARY STATION SUBSEQUENTLY MADE PERMANENT AN EMPLOYEE WHO REPORTED TO A TEMPORARY DUTY STATION FOR TRAINING AND INSTRUCTION WITH THE UNDERSTANDING THAT IF HE SHOWED APTITUDE AND ABILITY TO PERFORM THE NEW DUTIES HE WOULD BE PERMANENTLY TRANSFERRED IS ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE, AS PROVIDED IN ORDERS, FOR THE PERIOD OF TRAINING PRIOR TO THE EFFECTIVE DATE OF HIS PERMANENT TRANSFER TO SAID STATION.

COMPTROLLER GENERAL WARREN TO W. T. CHAPPELL, OFFICE OF PRICE STABILIZATION, MAY 6, 1953:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 20, 1953, (0400/2930), FORWARDED HERE BY LETTER OF APRIL 2, 1953 (2933/FDP), FROM THE CHIEF, ACCOUNTING BRANCH, BUDGET AND FINANCE DIVISION, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE RECLAIM VOUCHER THEREWITH TRANSMITTED IN FAVOR OF G. BRYAN CALDWELL FOR $25.48, COVERING TRANSPORTATION TAX AND PER DIEM IN LIEU OF SUBSISTENCE ADMINISTRATIVELY SUSPENDED FROM D.O. VOUCHER NO. 21298.

YOUR LETTER STATES THE FACTS AS FOLLOWS:

MR. CALDWELL WAS TRANSFERRED FROM OUR CHARLOTTE DISTRICT OFFICE TO THE REGIONAL OFFICE EFFECTIVE NOVEMBER 23, 1952. THE DATE OF THE SF 50, NOTIFICATION OF PERSONNEL ACTION, WAS NOVEMBER 21, 1952. HE WAS REQUESTED BY TELEPHONE TO REPORT TO THE REGIONAL OFFICE FOR TWO DAYS OF TRAINING BY THE EMPLOYEE (RESIGNING) WHOM HE WOULD REPLACE. HE ACCEPTED THE OFFER OF A TRANSFER, AND A TRAVEL ORDER WAS ISSUED DATED NOVEMBER 19, 1952, COVERING TRAVEL ONE-WAY FROM CHARLOTTE, NORTH CAROLINA, TO RICHMOND, VIRGINIA.

PER DIEM IN LIEU OF SUBSISTENCE FOR WHICH RECLAIM IS MADE COVERS THE PERIOD FROM 3:25 P.M., NOVEMBER 19, 1952, TO 12 MIDNIGHT ON NOVEMBER 21, 1952. THERE IS ATTACHED TO AND MADE A PART OF THE ADMINISTRATIVELY APPROVED RECLAIM VOUCHER A STATEMENT BY THE CLAIMANT THAT IT WAS NOT DEFINITELY KNOWN THAT HE WOULD BECOME A PERMANENT EMPLOYEE OF THE RICHMOND OFFICE EXACTLY AT THE END OF HIS TEMPORARY DUTY THERE; THAT AT THE TIME HIS ORDERS WERE WRITTEN THERE WAS A CONTINGENCY THAT HE SHOW SOME APTITUDE AND ABILITY IN HANDLING THE NEW DUTIES; THAT THE TRAINING AT THIS TIME WAS REQUIRED SINCE THE SPECIALIST MOST FAMILIAR WITH THESE DUTIES WAS RESIGNING EFFECTIVE NOVEMBER 21, 1952; AND THAT THE TIMING OF THE LIKELY TRANSFER TO RICHMOND WAS IN DOUBT WHEN THE TEMPORARY ORDER WAS ISSUED.

TRAVEL ORDER NO. OPS 104-14, DATED NOVEMBER 19, 1952, AUTHORIZED TRAVEL FROM CHARLOTTE, NORTH CAROLINA, DESIGNATED AS OFFICIAL STATION, TO RICHMOND, VIRGINIA, AND $9 PER DIEM IN LIEU OF SUBSISTENCE, FOR THE PERIOD BEGINNING ON OR ABOUT NOVEMBER 19 AND ENDING ON OR ABOUT NOVEMBER 21. THE PURPOSE FOR WHICH THE ORDER WAS ISSUED WAS STATED THEREON AS " SPECIAL ASSIGNMENT FOR TRAINING PURPOSES AS REQUESTED BY REGIONAL INFORMATION OFFICER, FOR TWO DAYS' TRAINING ON RADIO EQUIPMENT.

IN DECISION OF JULY 2, 1942, 22 COMP. GEN. 1, IT WAS HELD (QUOTING FOR THE SYLLABUS):

TRAVEL BY AN EMPLOYEE INCIDENT TO AN ORDER TO TEMPORARY DUTY AWAY FROM HIS HEADQUARTERS TO PERFORM THE DUTIES OF ANOTHER POSITION PENDING DETERMINATION BY COMPETENT AUTHORITY OF HIS ELIGIBILITY FOR PERMANENT APPOINTMENT TO SUCH POSITION CONSTITUTES TRAVEL ON OFFICIAL BUSINESS AWAY FROM A DESIGNATED POST OF DUTY WITHIN THE MEANING OF THE SUBSISTENCE EXPENSE ACT OF 1926, AS AMENDED, AND THE EMPLOYEE IS ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE, AS PROVIDED IN HIS ORDERS, FROM THE TIME HE LEFT HIS OFFICIAL STATION TO AND INCLUDING THE DAY PRECEDING THE DATE ON WHICH HIS ELIGIBILITY FOR PERMANENT APPOINTMENT WAS FINALLY DETERMINED.

IN VIEW OF THE EMPLOYEE'S STATEMENT REGARDING THE INDEFINITENESS OF THE PROPOSED CHANGE OF STATION AT THE TIME TEMPORARY DUTY WAS PERFORMED, WHICH STATEMENT IS SUBSTANTIATED BY THE FACT THAT THE CHANGE OF STATION WAS NOT OFFICIALLY AUTHORIZED UNTIL AFTER PERFORMANCE OF THE TEMPORARY DUTY, THE TRAVEL HERE INVOLVED MAY BE CONSIDERED AS OFFICIAL TRAVEL AWAY FROM A DESIGNATED POST OF DUTY UNDER THE ABOVE RULE. SEE 30 COMP. GEN. 94. ACCORDINGLY, PER DIEM IN LIEU OF SUBSISTENCE IS PROPERLY PAYABLE FOR THE PERIOD CLAIMED.

WITH RESPECT TO THE RECLAIM OF $2.98 FOR TRANSPORTATION TAX, IT APPEARS THAT SUCH EXPENSE NECESSARILY WAS INCURRED BECAUSE OF THE REFUSAL OF THE TRAVEL SECTION IN THE CHARLOTTE OFFICE TO ISSUE A TRANSPORTATION REQUEST-- - THE REASON BEING THAT THE TRAVEL ORDER WAS NOT THEN AVAILABLE. IN VIEW THEREOF, THE RECLAIM FOR THE AMOUNT EXPENDED FOR TRANSPORTATION TAX MAY BE ALLOWED AS AN EXPENSE OF TRANSPORTATION NECESSARILY INCURRED IN THE PERFORMANCE OF HIS ASSIGNMENT.

THE VOUCHER, WHICH (WITH ENCLOSURES) IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.