B-123678, JUL. 22, 1955

B-123678: Jul 22, 1955

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FEDERAL CIVIL DEFENSE ADMINISTRATION: REFERENCE IS MADE TO YOUR LETTER OF APRIL 19. WERE EMPLOYEES OF THE FEDERAL CIVIL DEFENSE ADMINISTRATION. DURING AUGUST 1954 THE EMPLOYEES WERE ISSUED SEPARATE ORDERS TO PROCEED AT GOVERNMENT EXPENSE TO BATTLE CREEK. UNDER THE ADMINISTRATIVE INSTRUCTIONS EMPLOYEES OF THE ADMINISTRATION WERE EXPECTED TO REPORT FOR DUTY AT BATTLE CREEK ON OR ABOUT SEPTEMBER 1. ANY DELAY EN ROUTE OR OTHER TIME EXTENSION IN REPORTING BEYOND THAT DATE WAS TO REQUIRE SPECIFIC APPROVAL OF THE APPROPRIATE ASSISTANT ADMINISTRATOR. THE CLAIMANT WAS PLACED ON LEAVE WITHOUT PAY EFFECTIVE SEPTEMBER 1. WAS CONTINUED ON THE ROLLS IN A LEAVE-WITHOUT-PAY STATUS THROUGH NOVEMBER 16.

B-123678, JUL. 22, 1955

TO MISS MARY C. BUCKLEY, AUTHORIZED CERTIFYING OFFICER, FEDERAL CIVIL DEFENSE ADMINISTRATION:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 19, 1955, REQUESTING OUR DECISION AS TO WHETHER PER DIEM FOR CONSTRUCTIVE TRAVEL TIME AS CLAIMED ON THE REIMBURSEMENT VOUCHER TRANSMITTED THEREWITH, IN FAVOR OF MRS. AMELIA B. BILL UPS, MAY BE CERTIFIED FOR PAYMENT.

THE CLAIMANT AND HER HUSBAND, WILLIAM M. BILL UPS, JR., WERE EMPLOYEES OF THE FEDERAL CIVIL DEFENSE ADMINISTRATION, WASHINGTON, D.C. DURING AUGUST 1954 THE EMPLOYEES WERE ISSUED SEPARATE ORDERS TO PROCEED AT GOVERNMENT EXPENSE TO BATTLE CREEK, MICHIGAN, FOR PERMANENT DUTY. THE HUSBAND'S ORDER AUTHORIZED THE TRANSPORTATION OF HIS WIFE. HE HAS SUBMITTED AND BEEN PAID HIS CLAIM FOR TRAVEL EXPENSES OF HIMSELF. UNDER THE ADMINISTRATIVE INSTRUCTIONS EMPLOYEES OF THE ADMINISTRATION WERE EXPECTED TO REPORT FOR DUTY AT BATTLE CREEK ON OR ABOUT SEPTEMBER 1, 1954, AND ANY DELAY EN ROUTE OR OTHER TIME EXTENSION IN REPORTING BEYOND THAT DATE WAS TO REQUIRE SPECIFIC APPROVAL OF THE APPROPRIATE ASSISTANT ADMINISTRATOR. THE CLAIMANT WAS PLACED ON LEAVE WITHOUT PAY EFFECTIVE SEPTEMBER 1. SHE TRAVELED FROM RIVA, MARYLAND, HER FORMER PLACE OF RESIDENCE, TO THE NEW DUTY STATION BY PRIVATE CONVEYANCE OCTOBER 23-25, 1954, AND WAS CONTINUED ON THE ROLLS IN A LEAVE-WITHOUT-PAY STATUS THROUGH NOVEMBER 16, 1954. PRESUMABLY SHE RETURNED TO DUTY ON NOVEMBER 17. PER DIEM IS CLAIMED FOR ONE DAY AT THE RATE OF $9. WE NOTE THAT NEITHER THE TRAVEL ORDER NOR RELOCATION BULLETIN NO. 7 WHICH ACCOMPANIED YOUR LETTER AUTHORIZES A PER DIEM ALLOWANCE. WE UNDERSTAND, HOWEVER, THAT IT WAS THE ADMINISTRATIVE INTENTION THAT A PER DIEM BE ALLOWED.

PARAGRAPH 45A OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES, GENERALLY, THAT THE SUBSISTENCE ALLOWANCE AUTHORIZED AN EMPLOYEE IN A TRAVEL STATUS IS NOT PAYABLE DURING PERIODS OF ,LEAVE OF ABSENCE.' HERE, HOWEVER, THE EMPLOYEE WAS ENGAGED UPON OFFICIAL TRAVEL DURING THE PERIOD FOR WHICH PER DIEM IS CLAIMED. THE FACT THAT SHE WAS BEING CARRIED IN A LEAVE-WITHOUT-PAY STATUS DID NOT OPERATE TO RESTRICT HER RIGHT TO PER DIEM.

UPON THE FACTS AND CIRCUMSTANCES HERE INVOLVED, PER DIEM IN THE AMOUNT OF $9 COMPUTED UPON CONSTRUCTIVE TRAVEL TIME FOR SUCH TRAVEL BY COMMON CARRIER MAY BE CERTIFIED FOR PAYMENT IF ADMINISTRATIVELY APPROVED.