B-123712, JUL. 22, 1955

B-123712: Jul 22, 1955

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DEPARTMENT OF AGRICULTURE: REFERENCE IS MADE TO YOUR LETTER OF APRIL 11. RETURNED 6:33 P.M. 4.50 $13.50 THE AMOUNTS WERE SUSPENDED BY THE ADMINISTRATIVE OFFICE BECAUSE THERE WAS NO SHOWING THAT ADDITIONAL SUBSISTENCE EXPENSES WERE INCURRED OVER AND ABOVE THOSE EXPENSES WHICH HE WOULD HAVE INCURRED HAD HE BEEN AT HIS OFFICIAL STATION. THE DEPARTURE IS AT OR AFTER 8 A.M. THE RETURN ON THE SAME DAY IS AT OR PRIOR TO 6 P.M.'. NO ADDITIONAL SUBSISTENCE EXPENSES WERE INCURRED AS A RESULT OF THE TEMPORARY DUTY. 31 COMP. IT IS APPROPRIATE. WAS NECESSARY IN ORDER TO ENABLE HIM TO ACCOMPLISH THE PARTICULAR ASSIGNMENT. WHILE THE EMPLOYEE STATES THAT HE WAS PUT TO ADDITIONAL SUBSISTENCE EXPENSES BY REASON OF THE TRAVEL IN QUESTION.

B-123712, JUL. 22, 1955

TO MR. CONRAD N. SWINDELL, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF AGRICULTURE:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 11, 1955, REQUESTING OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT THE SUBMITTED RECLAIM VOUCHER OF MR. COYLE H. WHITWORTH FOR $13.50, REPRESENTING PER DIEM IN LIEU OF SUBSISTENCE.

THE RECORD SHOWS THAT THE EMPLOYEE CLAIMED ONE-HALF DAY'S PER DIEM FOR EACH OF THREE DAYS OF TRAVEL--- APPARENTLY PERFORMED BY PRIVATELY OWNED AUTOMOBILE--- AS FOLLOWS:

CHART

SEPTEMBER 1, 1954

LEFT COLUMBIA, S.C., OFFICIAL STATION

8:55 A.M., RETURNED 6:40 P.M. $4.50

SEPTEMBER 13, 1954

LEFT COLUMBIA, S.C., OFFICIAL STATION

9:20 A.M., RETURNED 6:28 P.M. 4.50

NOVEMBER 5, 1954

LEFT COLUMBIA, S.C., OFFICIAL STATION

8:36 A.M., RETURNED 6:33 P.M. 4.50

$13.50

THE AMOUNTS WERE SUSPENDED BY THE ADMINISTRATIVE OFFICE BECAUSE THERE WAS NO SHOWING THAT ADDITIONAL SUBSISTENCE EXPENSES WERE INCURRED OVER AND ABOVE THOSE EXPENSES WHICH HE WOULD HAVE INCURRED HAD HE BEEN AT HIS OFFICIAL STATION.

PARAGRAPH 51, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, PROHIBITS PAYMENT OF PER DIEM WHERE ,THE DEPARTURE IS AT OR AFTER 8 A.M. AND THE RETURN ON THE SAME DAY IS AT OR PRIOR TO 6 P.M.' NEITHER THE TRAVEL EXPENSE ACT OF 1949, 63 STAT. 166, NOR THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS REQUIRE EVIDENCE OR PROOF OF EXPENSES FOR SUBSISTENCE BEFORE A CIVILIAN OFFICER OR EMPLOYEE CAN BE PAID A PER DIEM ALLOWANCE (WITHIN THE MAXIMUM PRESCRIBED RATES) AS ADMINISTRATIVELY AUTHORIZED OR APPROVED. THE DISALLOWANCE OF PER DIEM HAS BEEN HELD TO BE PROPER, HOWEVER, WHERE THE RECORD CLEARLY SHOWED THAT, IN FACT, NO ADDITIONAL SUBSISTENCE EXPENSES WERE INCURRED AS A RESULT OF THE TEMPORARY DUTY. 31 COMP. GEN. 264; 21 ID. 697; 23 ID. 352.

ALSO, IT IS APPROPRIATE, ESPECIALLY IN CASES INVOLVING CONTINUOUS TRAVEL PERIODS OF 24 HOURS OR LESS BY PRIVATELY OWNED AUTOMOBILE, TO ASCERTAIN WHETHER AN EMPLOYEE'S ABSENCE FROM HIS PERMANENT POST OF DUTY EITHER PRIOR TO 8 A.M. OR SUBSEQUENT TO 6 P.M. WAS NECESSARY IN ORDER TO ENABLE HIM TO ACCOMPLISH THE PARTICULAR ASSIGNMENT. SEE PARAGRAPH 1, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

WHILE THE EMPLOYEE STATES THAT HE WAS PUT TO ADDITIONAL SUBSISTENCE EXPENSES BY REASON OF THE TRAVEL IN QUESTION, THERE IS NO EVIDENCE TO SHOW THAT THE EMPLOYEE COULD NOT HAVE ACCOMPLISHED HIS ASSIGNMENTS AS EFFECTIVELY HAD HE RETURNED AT OR PRIOR TO 6 P.M.

ACCORDINGLY, UPON THE EXISTING RECORD, THE VOUCHER, RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR ..END :