B-125720, DEC. 15, 1955

B-125720: Dec 15, 1955

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THE AMOUNT OF THE VOUCHER WAS ADMINISTRATIVELY DISALLOWED AND SINCE THE AMOUNT IS BEING RECLAIMED YOU REQUEST OUR OFFICE TO MAKE A COMPLETE REVIEW OF THE CASE AND YOU SUBMIT THE DOCUMENTS NECESSARY TO ACCOMPLISH SUCH REVIEW. FRENCH'S OFFICIAL STATION WAS CHANGED BY TRAVEL AUTHORIZATION BA-56-308. CONFERRED WITH THE DEPUTY DIRECTOR FOR NATIONAL INDUSTRY PROMOTION AND THE CHIEF OF OPERATIONS AND WAS ASSIGNED THE DIRECTION OF PROMOTION OF THE UNITED ASSOCIATION OF PLUMBER AND PIPEFITTER APPRENTICE CONTEST AND CONFERENCE. WAS ISSUED AND MR. AT THE TIME INDIANAPOLIS WAS STILL HIS HOME AS HIS FAMILY HAD NOT MOVED TO WASHINGTON. AN ADMINISTRATIVE EXCEPTION WAS TAKEN TO THE PER DIEM CLAIMED IN THE AMOUNT OF $168.75.

B-125720, DEC. 15, 1955

TO MR. L. H. PERKINS, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF LABOR:

YOUR LETTER OF OCTOBER 7, 1955, TRANSMITTED A RECLAIM VOUCHER IN FAVOR OF MR. ELLIOTT FRENCH, AN EMPLOYEE OF THE DEPARTMENT OF LABOR, IN THE AMOUNT OF $168.75, REPRESENTING PER DIEM IN LIEU OF SUBSISTENCE CLAIMED WHILE PERFORMING OFFICIALLY AUTHORIZED TEMPORARY DUTY AT HIS FORMER OFFICIAL STATION. THE AMOUNT OF THE VOUCHER WAS ADMINISTRATIVELY DISALLOWED AND SINCE THE AMOUNT IS BEING RECLAIMED YOU REQUEST OUR OFFICE TO MAKE A COMPLETE REVIEW OF THE CASE AND YOU SUBMIT THE DOCUMENTS NECESSARY TO ACCOMPLISH SUCH REVIEW.

THE RECORD SHOWS THAT MR. FRENCH'S OFFICIAL STATION WAS CHANGED BY TRAVEL AUTHORIZATION BA-56-308, FROM INDIANAPOLIS, INDIANA, TO WASHINGTON, D.C., EFFECTIVE AUGUST 1, 1955. THE TRAVEL AUTHORIZATION PROVIDED FOR THE TRANSPORTATION OF THE EMPLOYEE'S FAMILY AND HOUSEHOLD EFFECTS. HE LEFT INDIANAPOLIS ON AUGUST 1, AND ARRIVED IN WASHINGTON THE SAME DAY. CONFERRED WITH THE DEPUTY DIRECTOR FOR NATIONAL INDUSTRY PROMOTION AND THE CHIEF OF OPERATIONS AND WAS ASSIGNED THE DIRECTION OF PROMOTION OF THE UNITED ASSOCIATION OF PLUMBER AND PIPEFITTER APPRENTICE CONTEST AND CONFERENCE, AUGUST 14-18, AT PURDUE UNIVERSITY, LAFAYETTE, INDIANA. GENERAL TRAVEL AUTHORIZATION BA-56 661, WAS ISSUED AND MR. FRENCH TRAVELED ON AUGUST 2, 1955, FROM WASHINGTON TO INDIANAPOLIS, WHERE HE PERFORMED TEMPORARY DUTY IN CONNECTION WITH THE ABOVE ASSIGNMENT COVERING THE PERIOD AUGUST 2 TO 22. THE TRAVEL AUTHORIZATION AUTHORIZED PER DIEM IN ACCORDANCE WITH CURRENT DEPARTMENTAL REGULATIONS, $12 PER DAY. AT THE TIME INDIANAPOLIS WAS STILL HIS HOME AS HIS FAMILY HAD NOT MOVED TO WASHINGTON, D.C. BASED UPON THAT PREMISE, AN ADMINISTRATIVE EXCEPTION WAS TAKEN TO THE PER DIEM CLAIMED IN THE AMOUNT OF $168.75, SINCE BY STAYING AT HOME WHILE IN INDIANAPOLIS, MR. FRENCH INCURRED NO ADDITIONAL EXPENSES.

WHILE IT IS ADMINISTRATIVELY REPORTED THAT AT THE TIME OF THE OFFICIAL CHANGE OF STATION IT WAS NOT ANTICIPATED THAT MR. FRENCH WOULD BE REQUIRED TO RESUME THE LAFAYETTE ASSIGNMENT SO SOON, THE RECORD SHOWS THAT THE CONFERENCE AT PURDUE PREVIOUSLY WAS FIXED FOR AUGUST 14-18, AND THAT UPON HIS ARRIVAL AT HIS NEW DUTY STATION--- WASHINGTON, D.C.--- MEETINGS WERE HELD CONCERNING THE ASSIGNMENT BACK TO LAFAYETTE AND INDIANAPOLIS. FURTHER, NOTHING IS FOUND IN THE RECORD TO SHOW THAT THE PRIMARY REASON FOR THE CHANGE OF STATION WAS FOR THE PURPOSE OF ASSIGNING MR. FRENCH TO NEW DUTIES IN WASHINGTON. IN FACT THE OPPOSITE IS INDICATED, SINCE THE CLAIMANT WAS DIRECTED TO REPORT TO WASHINGTON FOR A CONFERENCE WITH HIS SUPERIOR WHICH, PRESUMABLY, CONCERNED THE PURDUE ASSIGNMENT.

DURING THE PERIOD COVERED BY THE RECLAIM VOUCHER IT SEEMS REASONABLE TO ASSUME THAT SINCE MR. FRENCH'S FAMILY HAD NOT MOVED FROM INDIANAPOLIS TO HIS NEW DUTY STATION, NO ADDITIONAL SUBSISTENCE EXPENSES WERE INCURRED WHILE IN INDIANAPOLIS. PARAGRAPH 45, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, PROVIDES, IN PERTINENT PART, THAT:

"IT IS THE RESPONSIBILITY OF THE DEPARTMENTS AND ESTABLISHMENTS TO SEE THAT TRAVEL ORDERS AUTHORIZE ONLY SUCH PER DIEM ALLOWANCES AS ARE JUSTIFIED BY THE CIRCUMSTANCES SURROUNDING THE TRAVEL. TO THIS END, CARE IS TO BE EXERCISED TO PREVENT THE FIXING OF A PER DIEM ALLOWANCE IN EXCESS OF THAT REQUIRED TO MEET THE NECESSARY AUTHORIZED EXPENSE.'