B-120440, AUG 5, 1954

B-120440: Aug 5, 1954

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WHOSE OFFICIAL STATION IS ABERDEEN PROVING GROUND. WHOSE PLACE OF RESIDENCE IS FALLS CHURCH. WAS AUTHORIZED BY THE TRAVEL ORDER OF MARCH 12 TO PROCEED FROM ABERDEEN PROVING GROUND TO WASHINGTON. NO PER DIEM WAS AUTHORIZED BY HIS ORDER. THE TRAVEL EXPENSES INVOLVED DID NOT EXCEED THOSE THAT THE EMPLOYEE NORMALLY WOULD HAVE INCURRED IF HE HAD NOT BEEN REQUIRED TO PERFORM THE TEMPORARY DUTY. UPON WHICH WAS PREDICTED THE ADMINISTRATIVE REGULATION REFERRED TO IN YOUR LETTER. IT WAS HELD. AS FOLLOWS (QUOTING FROM THE SYLLABUS): "AN EMPLOYEE WHO WAS ORDERED TO ENTER UPON TEMPORARY DUTY AT A PLACE AWAY FROM HIS OFFICIAL HEADQUARTERS WHERE HE HAD TRAVELED FOR PERSONAL REASONS OVER A WEEKEND INVOLVING NO LEAVE.

B-120440, AUG 5, 1954

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL HENRY RUFF, F.C., DEPARTMENT OF THE ARMY:

BY INDORSEMENT DATED JUNE 14, 1954, REFERENCE: FINEK 248.7, THE ACTING ASSISTANT CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED HERE FOR CONSIDERATION YOUR LETTER OF APRIL 14, 1954, FILE REFERENCE ORDBG-CO-F, REQUESTING DECISION WHETHER YOU MAY PAY THE VOUCHER THEREWITH TRANSMITTED IN FAVOR OF DR. WALTER G. HELD, AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, IN THE AMOUNT OF $7.72, COVERING HIS TRAVEL EXPENSES FROM ABERDEEN PROVING GROUND, MARYLAND, TO WASHINGTON, D.C., AND RETURN, UNDER TRAVEL ORDER NO. 670, DATED MARCH 12, 1954.

IT APPEARS THAT DR. HELD, WHOSE OFFICIAL STATION IS ABERDEEN PROVING GROUND, MARYLAND, AND WHOSE PLACE OF RESIDENCE IS FALLS CHURCH, VIRGINIA, WAS AUTHORIZED BY THE TRAVEL ORDER OF MARCH 12 TO PROCEED FROM ABERDEEN PROVING GROUND TO WASHINGTON, D.C., AND RETURN; THAT HE DEPARTED FROM HIS OFFICIAL STATION AT 6:05 P.M., FRIDAY, MARCH 12, 1954, BY PRIVATELY OWNED AUTOMOBILE, AND PROCEEDED TO HIS RESIDENCE; THAT HE REMAINED THERE UNTIL THE FOLLOWING MONDAY MORNING, MARCH 15, 1954, AND THEN PROCEEDED TO THE PENTAGON, WHERE HE REPORTED FOR TEMPORARY DUTY TO THE OFFICE, CHIEF OF ORDNANCE, AT 8:30 A.M., AS CONTEMPLATED BY HIS TRAVEL ORDER. NO PER DIEM WAS AUTHORIZED BY HIS ORDER. UPON COMPLETION OF THE TEMPORARY DUTY INVOLVED, THE EMPLOYEE PROCEEDED AT 5:00 P.M., MONDAY MARCH 15, 1954, TO HIS RESIDENCE, WHERE HE REMAINED UNTIL 5:30 A.M., TUESDAY MORNING, MARCH 16, 1954, WHEN HE PROCEEDED TO ABERDEEN PROVING GROUND, MARYLAND, ARRIVING THEREAT AT 8:00 A.M., ON MARCH 16, 1954.

IN YOUR LETTER YOU STATE THAT - IN VIEW OF PARAGRAPH 8-2,E.(7), CPR T3 - DOUBT EXISTS AS TO THE AUTHORITY TO REIMBURSE DR. HELD FOR TRANSPORTATION EXPENSES TO THE TEMPORARY DUTY POINT, AND RETURN, SINCE THE EMPLOYEE CONSISTENTLY HAS TRAVELED TO HIS PLACE OF DOMICILE OVER WEEKENDS; THAT, THEREFORE, THE TRAVEL EXPENSES INVOLVED DID NOT EXCEED THOSE THAT THE EMPLOYEE NORMALLY WOULD HAVE INCURRED IF HE HAD NOT BEEN REQUIRED TO PERFORM THE TEMPORARY DUTY, WITH THE EXCEPTION OF THE TRAVEL EXPENSES FROM HIS RESIDENCE TO THE PENTAGON, AND RETURN TO HIS RESIDENCE, ON MARCH 15, 1954.

IN 31 COMP. GEN. 509, UPON WHICH WAS PREDICTED THE ADMINISTRATIVE REGULATION REFERRED TO IN YOUR LETTER, IT WAS HELD, AS FOLLOWS (QUOTING FROM THE SYLLABUS):

"AN EMPLOYEE WHO WAS ORDERED TO ENTER UPON TEMPORARY DUTY AT A PLACE AWAY FROM HIS OFFICIAL HEADQUARTERS WHERE HE HAD TRAVELED FOR PERSONAL REASONS OVER A WEEKEND INVOLVING NO LEAVE, IS ENTITLED TO PER DIEM FOR THE PERIOD OF TEMPORARY DUTY AND TO THE ACTUAL MILEAGE TRAVELED ON THE RETURN TRIP WHICH EXCEEDED THE MILEAGE OVER THE ROUTE THE EMPLOYEE WOULD HAVE TRAVELED HAD HE NOT BEEN REQUIRED TO PERFORM THE TEMPORARY DUTY EN ROUTE."

THE FACTS, ABOVE STATED, STRONGLY SUGGEST THAT THE DEPARTURE ON FRIDAY WAS FOR PERSONAL REASONS AND THAT SUCH PERSONAL TRAVEL WOULD HAVE BEEN MADE IRRESPECTIVE OF THE TEMPORARY DUTY ASSIGNMENT. THERE IS NO EVIDENCE OF RECORD INDICATING THAT THE USE OF TAXICAB, AS DISTINGUISHED FROM HIS PRIVATELY OWNED AUTOMOBILE, BY THE EMPLOYEE, BETWEEN HIS HOME AND THE PENTAGON WAS FOR OTHER THAN PERSONAL REASONS. NOR IT IS APPARENT WHY THE RETURN TO THE OFFICIAL STATION COULD NOT HAVE BEEN MADE DIRECT BY AUTOMOBILE FROM THE TEMPORARY DUTY STATION ON MARCH 15.

ACCORDINGLY, ON THE PRESENT RECORD, THE VOUCHER, RETURNED HEREWITH, IS NOT AUTHORIZED TO BE PAID.