B-121729, JANUARY 25, 1955, 34 COMP. GEN. 346

B-121729: Jan 25, 1955

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1955: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 5. THE CLAIM IS BASED UPON A TRAVEL AUTHORIZATION DATED SEPTEMBER 16. THE PURPOSE OF WHICH IS STATED " TO ENTER UPON DUTIES AS SHIP OPERATIONS ASSISTANT. " THE CLAIM PRIMARILY IS FOR THE PER DIEM SUBSISTENCE ALLOWANCE PROVIDED IN THE TRAVEL ORDER. THE ENTIRE TRAVEL INCIDENT TO THE EMPLOYEE'S REPORTING FOR DUTY WAS AT HIS PERSONAL EXPENSE. IS. DOYLE'S DUTY STATION IS GALVESTON. HE WAS IN NEW YORK CITY WHEN APPROVED FOR APPOINTMENT TO THE GALVESTON POSITION. AT THE OUTSET WHEN IT WAS DECIDED TO HIRE HIM. THIS CONCLUSION WAS REACHED AS THERE WAS NO OPERATING BRANCH PERSONNEL IN GALVESTON FROM WHOM THIS INDOCTRINATION AND ORIENTATION COULD BE OBTAINED.

B-121729, JANUARY 25, 1955, 34 COMP. GEN. 346

TRAVELING EXPENSES - DUTY EN ROUTE TO FIRST DUTY STATION A NEWLY APPOINTED EMPLOYEE DIRECTED TO STOP EN ROUTE TO HIS FIRST OFFICIAL DUTY STATION FOR A PERIOD OF INDOCTRINATION AND ORIENTATION MAY BE PAID SUBSISTENCE ALLOWANCE FOR THE PERIOD OF SUCH TEMPORARY DUTY AND FOR ADDITIONAL TRANSPORTATION EXPENSES CAUSED BY A STOPOVER BUT FOR TRAVEL FROM THE TEMPORARY DUTY POST TO HIS OFFICIAL DUTY STATION.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO J. M. HAYNES, DEPARTMENT OF COMMERCE, JANUARY 25, 1955:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 5, 1954, L10:42003, TRANSMITTING A VOUCHER COVERING THE TRAVEL CLAIM OF MR. LEO DOYLE, IN THE AMOUNT OF $39.25, AND REQUESTING A DECISION WHETHER THE VOUCHER MAY, UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED, BE CERTIFIED FOR PAYMENT.

THE CLAIM IS BASED UPON A TRAVEL AUTHORIZATION DATED SEPTEMBER 16, 1954, THE PURPOSE OF WHICH IS STATED " TO ENTER UPON DUTIES AS SHIP OPERATIONS ASSISTANT," THE ITINERARY BEING STATED AS " FROM NEW ORLEANS, LA. TO GALVESTON, TEXAS; " THE CLAIM PRIMARILY IS FOR THE PER DIEM SUBSISTENCE ALLOWANCE PROVIDED IN THE TRAVEL ORDER, FOR THE PERIOD OF INDOCTRINATION AND ORIENTATION ( SEPTEMBER 14 TO 17, 1954) AT NEW ORLEANS, LOUISIANA, AND TRAVEL TIME ( SEPTEMBER 19 TO 20, 1954) FROM THAT CITY TO GALVESTON, TEXAS MR. DOYLE'S DUTY STATION. EXCEPT FOR TRANSPORTATION FROM NEW ORLEANS TO HOUSTON, TEXAS, PROCURED BY A GOVERNMENT TRANSPORTATION REQUEST, THE ENTIRE TRAVEL INCIDENT TO THE EMPLOYEE'S REPORTING FOR DUTY WAS AT HIS PERSONAL EXPENSE.

THE ADMINISTRATIVE STATEMENT OF THE CIRCUMSTANCES GIVING RISE TO THE PRESENT CLAIM, QUOTED IN YOUR LETTER OF OCTOBER 5, 1954, IS, IN PART, AS FOLLOWS:

MR. DOYLE'S DUTY STATION IS GALVESTON, TEXAS. HE WAS IN NEW YORK CITY WHEN APPROVED FOR APPOINTMENT TO THE GALVESTON POSITION. AT THE OUTSET WHEN IT WAS DECIDED TO HIRE HIM, THE CHIEF OF SHIP OPERATIONS BRANCH, MARITIME ADMINISTRATION, NEW ORLEANS AND THE GULF COAST DIRECTOR AGREED THAT A WEEK'S INDOCTRINATION AND ORIENTATION IN THE DISTRICT OFFICE IN NEW ORLEANS WOULD BE DESIRABLE WHEN MR. DOYLE HAD ENTERED ON DUTY IN GALVESTON. THIS CONCLUSION WAS REACHED AS THERE WAS NO OPERATING BRANCH PERSONNEL IN GALVESTON FROM WHOM THIS INDOCTRINATION AND ORIENTATION COULD BE OBTAINED. SINCE HE WAS IN NEW YORK AND COULD PASS THROUGH NEW ORLEANS ON HIS WAY TO GALVESTON JOB, IT WAS DECIDED THAT A MONETARY SAVINGS WOULD RESULT FOR THE UNITED STATES GOVERNMENT IF HE REPORTED TO NEW ORLEANS FIRST, EFFECT HIS GALVESTON DUTY STATION APPOINTMENT, AND START HIS ORIENTATION AND RESULTANT PER DIEM FROM ENTERED ON DUTY UNTIL ARRIVAL IN GALVESTON. THIS WOULD HAVE THE EFFECT OF CAUSING TRAVEL EXPENSES TO BE INCURRED FOR ONLY ONE WAY FROM NEW ORLEANS TO GALVESTON IN LIEU OF GALVESTON TO NEW ORLEANS AND RETURN. * * * MR. DOYLE'S APPOINTMENT WAS EFFECTIVE SEPTEMBER 14, 1954.

THE RULE IS WELL ESTABLISHED THAT A NEWLY APPOINTED EMPLOYEE MUST AT HIS OWN EXPENSE REPORT TO HIS FIRST OFFICIAL STATION, AND ONLY TO THE EXTENT OF ADDITIONAL COSTS RESULTING FROM TEMPORARY DUTY REQUIRED EN ROUTE IS REIMBURSEMENT PROPER. THE OBLIGATION OF A NEWLY APPOINTED EMPLOYEE TO REPORT TO HIS FIRST OFFICIAL DUTY STATION AT HIS OWN EXPENSE IS NOT AFFECTED BY THE FACT THAT HE MAY RECEIVE HIS APPOINTMENT, AS IN THIS CASE, PRIOR TO REPORTING TO HIS OFFICIAL STATION, OR THAT THE TEMPORARY DUTY EN ROUTE WAS IN THE INTEREST OF GOVERNMENT ECONOMY. THUS IT WAS STATED IN A DECISION OF NOVEMBER 15, 1930, 10 COMP. GEN. 222, 224:

THE RULE IS THAT UPON APPOINTMENT AN EMPLOYEE MUST PAY ALL OF HIS OWN EXPENSES, BOTH SUBSISTENCE AND TRANSPORTATION, IN REPORTING TO HIS FIRST OFFICIAL DUTY STATION. WHERE, AS HERE, HE IS REQUIRED TO PERFORM TEMPORARY DUTY EN ROUTE, HE MAY BE REIMBURSED FOR THE ADDITIONAL SUBSISTENCE AND TRANSPORTATION EXPENSES IMPOSED ON HIM BY BEING REQUIRED TO PROCEED TO SOME POINT OTHER THAN HIS FIRST OFFICIAL DUTY STATION FOR SUCH TEMPORARY DUTY INCLUDING, IF ADMINISTRATIVELY AUTHORIZED, A PER DIEM IN LIEU OF SUBSISTENCE EXPENSES FOR THE ADDITIONAL TRAVEL TIME INVOLVED AND THE TEMPORARY DUTY. HE IS NOT RELIEVED, HOWEVER, OF THE EXPENSE THAT HE OTHERWISE WOULD HAVE INCURRED FOR TRANSPORTATION AND SUBSISTENCE IN REPORTING DIRECTLY TO HIS FIRST DUTY STATION, AND, CONSEQUENTLY, MAY BE REIMBURSED ONLY TO THE EXTENT THAT THE EXPENSE INCURRED ARE IN EXCESS OF THE EXPENSE WHICH WOULD HAVE BEEN INCURRED BY THE EMPLOYEE IN GOING DIRECTLY FROM HIS HOME TO THE PLACE FINALLY FIXED FOR HIS POST OF DUTY.

APPLYING THE RULE STATED IN THAT PART OF THE DECISION JUST QUOTED TO THE PRESENT CASE, THE EMPLOYEE IS ENTITLED TO THE AUTHORIZED PER DIEM SUBSISTENCE ALLOWANCE FOR THE PERIOD OF INDOCTRINATION AND ORIENTATION AT NEW ORLEANS AND FOR SUCH ADDITIONAL TRANSPORTATION EXPENSES, .E., CAR FARES, ETC., AS MAY HAVE BEEN INCURRED BECAUSE OF THE STOPOVER. BUT HE IS NOT ENTITLED TO TRAVEL AT GOVERNMENT EXPENSE FROM NEW ORLEANS TO GALVESTON, TEXAS, OR ANY PART OF THAT DISTANCE, AND, CONSEQUENTLY, THE COST OF TRANSPORTATION FROM NEW ORLEANS TO HOUSTON, PROCURED AT GOVERNMENT EXPENSE, IS CHARGEABLE TO HIM.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT ONLY IN ACCORDANCE WITH THE FOREGOING HOLDING.