B-117506, DEC 11, 1953

B-117506: Dec 11, 1953

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WRIGHT WAS ADVISED ON FRIDAY. WAS TO CONTINUE AS SCHEDULED. WRIGHT WAS FURTHER ADVISED THAT THE REMAINDER OF HIS TEMPORARY DUTY ASSIGNMENT HAD BEEN CANCELED. THE RETURN TRAVEL WAS PERFORMED THE NEXT DAY IN THE PRIVATELY-OWNED AUTOMOBILE OF HIS WIFE'S PARENTS. IT IS UNDERSTOOD THAT THE EMPLOYEE HAS BEEN CHARGED LEAVE FOR MONDAY AND TUESDAY. WRIGHT'S EARLY DEPARTURE FROM THE ARSENAL WAS FOR THE PURPOSE OF LEAVE. THERE IS INVOLVED HEREIN THE QUESTION OF WHETHER THE TRIP TO BOSTON AND RETURN SHOULD BE CONSIDERED AS OFFICIAL TRAVEL. IT WAS HELD THAT WHERE AN EMPLOYEE DEPARTS PREMATURELY FOR LEAVE PURPOSES PURSUANT TO PROPER AUTHORIZATIONS - TRAVEL AND LEAVE - AND IT IS SHOWN THAT HAD HE NOT BEEN ORDERED TO UNDERTAKE THE OFFICIAL TRIP HE WOULD NOT HAVE PERFORMED THE TRAVEL TO THE LEAVE POINT HE SHOULD NOT BE PENALIZED BY REASON OF THE SUBSEQUENT CANCELLATION OF THE TEMPORARY DUTY ASSIGNMENT.

B-117506, DEC 11, 1953

PRECIS-UNAVAILABLE

LIEUTENANT W. R. KELLY, U. S. ARMY:

BY 1ST INDORSEMENT DATED OCTOBER 23, 1953 (FINEK 248.7 WRIGHT, WENDELL P.), THE OFFICE OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED HERE YOUR LETTER OF JULY 7, 1953 (WRKELLY/NHV/5120), REQUESTING AN ADVANCE DECISION UPON THE PROPRIETY FOR PAYMENT OF A TRANSMITTED VOUCHER IN FAVOR OF WENDELL P. WRIGHT FOR THE SUM OF $10.70, REPRESENTING TRAVELING EXPENSES INCURRED AS AN EMPLOYEE OF THE PICATINNY ARSENAL, DOVER, NEW JERSEY, UNDER ORDERS DATED FEBRUARY 27, 1953. ALSO, YOU REQUESTED A DECISION AS TO WHETHER MR. WRIGHT SHOULD BE REQUIRED TO REIMBURSE THE UNITED STATES FOR THE $12.25 TRANSPORTATION COSTS INCURRED BY THE GOVERNMENT.

THE ORDERS OF FEBRUARY 27, 1953, AUTHORIZED MR. WRIGHT TO COMMENCE TRAVEL ON OR ABOUT SUNDAY, MARCH 8, 1953, FOR TEMPORARY DUTY AT BOSTON, MASSACHUSETTS, MARCH 9, 1953, AND AT ORONE, MAINE, MARCH 11, 1953. MR. WRIGHT WAS ADVISED ON FRIDAY, MARCH 6, 1953, THAT THE DUTY ASSIGNMENT AT BOSTON, MASSACHUSETTS, HAD BEEN CANCELED AND THAT THE ASSIGNMENT AT ORONE, MAINE, WAS TO CONTINUE AS SCHEDULED. HAVING BEEN GRANTED LEAVE FOR MONDAY, MARCH 9, 1953, AND WITH ADMINISTRATIVE APPROVAL, MR. WRIGHT PROCEEDED TO BOSTON, MASSACHUSETTS, EN ROUTE TO MAINE, ON SUNDAY, MARCH 8, 1953. TUESDAY MORNING, MARCH 10, 1953, WHILE IN BOSTON, MR. WRIGHT WAS FURTHER ADVISED THAT THE REMAINDER OF HIS TEMPORARY DUTY ASSIGNMENT HAD BEEN CANCELED, AND THAT HE SHOULD RETURN TO PICATINNY ARSENAL. THE RETURN TRAVEL WAS PERFORMED THE NEXT DAY IN THE PRIVATELY-OWNED AUTOMOBILE OF HIS WIFE'S PARENTS, AND ON THURSDAY, MARCH 12, 1953, MR. WRIGHT RETURNED TO DUTY AT THE ARSENAL. ALSO, THE RECORD SHOWS THAT PRIOR TO HIS DEPARTURE FOR BOSTON PLANS HAD BEEN MADE FOR HIS WIFE'S PARENTS TO DRIVE HIS FAMILY TO NEW JERSEY, THUS OBVIATING ANY NECESSITY FOR HIS TRAVELING TO BOSTON EXCEPT AS AN INCIDENT TO OFFICIAL BUSINESS. IT IS UNDERSTOOD THAT THE EMPLOYEE HAS BEEN CHARGED LEAVE FOR MONDAY AND TUESDAY, MARCH 9 AND 10, 1953. UNDER THE CIRCUMSTANCES, AND PARTICULARLY AS MR. WRIGHT'S EARLY DEPARTURE FROM THE ARSENAL WAS FOR THE PURPOSE OF LEAVE, THERE IS INVOLVED HEREIN THE QUESTION OF WHETHER THE TRIP TO BOSTON AND RETURN SHOULD BE CONSIDERED AS OFFICIAL TRAVEL.

IN A DECISION OF AUGUST 1, 1950, 30 COMP. GEN. 56, INVOLVING A SITUATION ESSENTIALLY SIMILAR TO THAT HEREIN FOR CONSIDERATION, IT WAS HELD THAT WHERE AN EMPLOYEE DEPARTS PREMATURELY FOR LEAVE PURPOSES PURSUANT TO PROPER AUTHORIZATIONS - TRAVEL AND LEAVE - AND IT IS SHOWN THAT HAD HE NOT BEEN ORDERED TO UNDERTAKE THE OFFICIAL TRIP HE WOULD NOT HAVE PERFORMED THE TRAVEL TO THE LEAVE POINT HE SHOULD NOT BE PENALIZED BY REASON OF THE SUBSEQUENT CANCELLATION OF THE TEMPORARY DUTY ASSIGNMENT. ACCORDINGLY, YOU ARE ADVISED THAT NO COLLECTION IS REQUIRED OF OTHERWISE PROPER TRANSPORTATION COSTS PAID BY THE GOVERNMENT FOR THE TRIP, AND THE VOUCHER, WHICH IS RETURNED, IS FOR PAYMENT, IF OTHERWISE CORRECT.