B-124455, FEB. 20, 1956

B-124455: Feb 20, 1956

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WERE DUE YOU FROM THE UNITED STATES ON ACCOUNT OF TRAVEL PERFORMED AS AN EMPLOYEE OF THE POST OFFICE DEPARTMENT. YOU WERE APPOINTED TO A POSITION OF INDUSTRIAL ENGINEER. YOUR SERVICES WERE TERMINATED. THE TRAVEL PERFORMED DURING YOUR EMPLOYMENT WITH THE POST OFFICE DEPARTMENT WAS COVERED BY TWO VOUCHERS. WAS IN THE AMOUNT OF $204.58. THAT VOUCHER WAS ADMINISTRATIVELY PAID APRIL 7. WAS FOR THE PERIOD APRIL 2 TO MAY 12. UPON THAT VOUCHER YOU WERE ADMINISTRATIVELY ALLOWED $326.14. THE CHECK ISSUED THEREFOR WAS RETURNED BY YOU TO THE POST OFFICE DEPARTMENT. THE REIMBURSEMENT OF TRAVELING EXPENSES OF EMPLOYEES OF THE GOVERNMENT IS GOVERNED BY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. PARAGRAPH 2 OF THE REGULATIONS PROVIDES THAT TRAVELING EXPENSES WHICH WILL BE REIMBURSED "ARE CONFINED TO THOSE EXPENSES ESSENTIAL TO THE TRANSACTING OF THE OFFICIAL BUSINESS.'.

B-124455, FEB. 20, 1956

TO MR. STEPHEN ARTHUR DERRY:

PURSUANT TO YOUR REQUEST THERE HAS BEEN RECONSIDERED THE SETTLEMENT OF OUR OFFICE DATED MAY 25, 1955, WHICH CERTIFIED THAT NO MONEYS, IN ADDITION TO THOSE ADMINISTRATIVELY ALLOWED, WERE DUE YOU FROM THE UNITED STATES ON ACCOUNT OF TRAVEL PERFORMED AS AN EMPLOYEE OF THE POST OFFICE DEPARTMENT.

EFFECTIVE FEBRUARY 11, 1954, YOU WERE APPOINTED TO A POSITION OF INDUSTRIAL ENGINEER, GRADE GS-15, $10,800 PER ANNUM, IN THE BUREAU OF POST OFFICE OPERATIONS, OFFICE OF THE CHIEF INDUSTRIAL ENGINEER. ON MAY 22, 1954, BECAUSE OF RESIGNATION, YOUR SERVICES WERE TERMINATED.

THE TRAVEL PERFORMED DURING YOUR EMPLOYMENT WITH THE POST OFFICE DEPARTMENT WAS COVERED BY TWO VOUCHERS, DATED APRIL 1 AND JULY 3, 1954, RESPECTIVELY. THE FIRST, FOR THE PERIOD MARCH 1 TO 29, 1954, WAS IN THE AMOUNT OF $204.58. THAT VOUCHER WAS ADMINISTRATIVELY PAID APRIL 7, 1954. THE SECOND VOUCHER, IN THE AMOUNT OF $438.24, WAS FOR THE PERIOD APRIL 2 TO MAY 12, 1954, AND INCLUDED AMONG OTHER ITEMS A CLAIM FOR REIMBURSEMENT OF EXPENSE INCURRED ON FEBRUARY 10, 1954, IN REPORTING TO WASHINGTON, D.C., FOR APPOINTMENT. UPON THAT VOUCHER YOU WERE ADMINISTRATIVELY ALLOWED $326.14. HOWEVER, THE CHECK ISSUED THEREFOR WAS RETURNED BY YOU TO THE POST OFFICE DEPARTMENT.

YOU CURRENTLY CLAIM $402.82 (INCLUDING A PREVIOUSLY OMITTED PER DIEM ALLOWANCE FOR APRIL 9, 1954), FOR THE TRAVEL COVERED BY THE VOUCHER OF JULY 3, 1954--- THE EXPENSES OF $44.42 FOR THE TRAVEL OF FEBRUARY 10, 1954, PRIOR TO YOUR APPOINTMENT, BEING ADMITTEDLY NOT FOR REIMBURSEMENT BY THE GOVERNMENT. THE DIFFERENCE BETWEEN THE AMOUNT CLAIMED AND THAT ADMINISTRATIVELY ALLOWED, $76.68, INVOLVES EXPENSES INCURRED ON WEEKENDS, DURING THE PERIOD APRIL 2 TO MAY 8, 1954, FOR INCIDENTAL TRAVEL, OF A PURELY PERSONAL NATURE, TO LOUISVILLE, KENTUCKY, YOUR HOME, AND FOR TRAVEL MAY 9 TO 12, ADMINISTRATIVELY REPORTED AS NOT HAVING BEEN AUTHORIZED.

THE REIMBURSEMENT OF TRAVELING EXPENSES OF EMPLOYEES OF THE GOVERNMENT IS GOVERNED BY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE TRAVEL EXPENSE ACT OF 1949, 63 STAT. 166, AS AMENDED. PARAGRAPH 2 OF THE REGULATIONS PROVIDES THAT TRAVELING EXPENSES WHICH WILL BE REIMBURSED "ARE CONFINED TO THOSE EXPENSES ESSENTIAL TO THE TRANSACTING OF THE OFFICIAL BUSINESS.' IN KEEPING THEREWITH AND IN VIEW OF PARAGRAPHS 10 AND 49 OF THE REGULATIONS WHICH EXCLUDE FROM CONSIDERATION THE ADDITIONAL EXPENSES OF INDIRECT OR INTERRUPTED TRAVEL FOR THE CONVENIENCE OF THE TRAVELER, THE ADDITIONAL EXPENSES DIRECTLY ATTRIBUTABLE TO YOUR TRAVEL TO LOUISVILLE FOR PERSONAL REASONS DURING THE PERIOD APRIL 2 TO MAY 8, 1954, MAY NOT BE REIMBURSED YOU.

REIMBURSEMENT FOR THE TRAVEL PERFORMED TO WASHINGTON, D.C., DURING THE PERIOD MAY 9 TO 12, 1954, RESTS PRIMARILY UPON THE QUESTION OF ADMINISTRATIVE AUTHORIZATION. PARAGRAPH 5 OF STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES THAT "TRAVEL SHALL BE EITHER AUTHORIZED OR APPROVED BY THE HEAD OF THE AGENCY OR BY AN OFFICER TO WHOM SUCH AUTHORITY HAS BEEN PROPERLY DELEGATED.' WHILE YOU ALLEGE THAT YOU WERE VERBALLY AUTHORIZED, AS WAS THE PRACTICE, TO PERFORM THE TRAVEL, IT IS ADMINISTRATIVELY REPORTED THAT THE TRAVEL WAS NEITHER AUTHORIZED OR APPROVED, NOR NECESSARY FOR OFFICIAL BUSINESS. IN VIEW OF THE APPARENT CONFLICT, AND AS THE BURDEN OF ESTABLISHING THE NECESSARY ELEMENTS OF A CLAIM REST UPON THE CLAIMANT, IT CANNOT BE REASONABLY CONCLUDED FROM THE PRESENT RECORD THAT THE TRAVEL WAS AUTHORIZED SO AS TO PERMIT REIMBURSEMENT OF THE EXPENSES INCURRED.

GUIDED BY APPLICABLE STATUTES AND THE PROVISIONS OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, WE HAVE CAREFULLY AUDITED YOUR VOUCHER OF JULY 3, 1954, FOR THE PURPOSE OF DETERMINING THE MAXIMUM REIMBURSEMENT THAT MAY BE AFFORDED YOU FOR THE OFFICIAL TRAVEL INVOLVED. WE FIND PROPER FOR ALLOWANCE A PER DIEM IN LIEU OF SUBSISTENCE FOR THE PERIODS 8 A.M. APRIL 4, 1954, TO 6:20 A.M. MAY 1, 1954, AND 6:30 P.M. MAY 5, 1954, TO 12:00 P.M. MAY 8, 1954, OR 30 1/2 DAYS AT $9, TOTALING $274.50. ALSO, THERE IS ALLOWED PER DIEM FOR THE PERIOD MAY 9 THROUGH MAY 12, 1954, DURING WHICH YOU CONSTRUCTIVELY WERE IN A TRAVEL STATUS AT LOUISVILLE AWAY FROM YOUR OFFICIAL STATION. MISCELLANEOUS TRAVELING EXPENSES THAT WOULD HAVE BEEN INCURRED INCIDENT TO DIRECT TRAVEL FROM WASHINGTON, D.C., TO CINCINNATI, AKRON AND RETURN AND TRAVEL FROM WASHINGTON TO LOUISVILLE ARE ALLOWED IN THE AMOUNT OF $38.89. THE TOTAL SUM REIMBURSABLE IS $349.39 WHICH INCLUDES A PER DIEM ALLOWANCE FOR APRIL 9, 1954, OMITTED ON YOUR ORIGINAL VOUCHER.

ACCORDINGLY, POST OFFICE CHECK NO. 357,896, DATED JULY 20, 1954, IN THE AMOUNT OF $326.14, DRAWN ON THE TREASURER OF THE UNITED STATES BY H. S. CHAMBERLIN, SYMBOL 47001, IS ENCLOSED AND IT MAY BE NEGOTIATED BY YOU WITHOUT PREJUDICE. A SETTLEMENT WILL BE EFFECTED FOR THE ADDITIONAL AMOUNT AND YOU WILL RECEIVE A CHECK THEREFOR IN REGULAR COURSE.