B-128266, JUL. 2, 1956

B-128266: Jul 2, 1956

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THAT AMOUNT WAS ADMINISTRATIVELY REDUCED BY $13.50 FOR 1 1/2 DAYS CLAIMED FOR JANUARY 1 AND 2 ON THE THEORY THAT ALL EXPENSES BETWEEN NOVEMBER 30 AND JANUARY 3 WERE PERSONAL BECAUSE OF EXTENDED LEAVE AT HIS OFFICIAL STATION. THIS IS THE AMOUNT RECLAIMED ON THE VOUCHER. PARAGRAPH 45A OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES IN PERTINENT PART: "* * * A TRAVELER WILL BE CONSIDERED TO BE IN SUBSISTENCE STATUS ON NONWORK DAYS UNLESS HE RETURNS TO HIS OFFICIAL STATION OR UNLESS SUCH NONWORK DAY IS IMMEDIATELY PRECEDED AND FOLLOWED BY LEAVE OF ABSENCE. THAT PER DIEM IN LIEU OF SUBSISTENCE MAY NOT BE PAID FOR MORE THAN TWO NONWORK DAYS WHERE THE LEAVE OF ABSENCE IS IMMEDIATELY PRECEDED AND FOLLOWED BY NONWORK DAY/S). * * *" IN 31 COMP.

B-128266, JUL. 2, 1956

TO MR. CURTISS F. BARKER, AUTHORIZED CERTIFYING OFFICER, TREASURY DEPARTMENT:

YOUR LETTER OF MAY 4, 1956, TRANSMITTED HERE BY LETTER DATED JUNE 12, 1956, FROM THE ADMINISTRATIVE ASSISTANT SECRETARY, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER HEREWITH TRANSMITTED IN FAVOR OF S. LAWRENCE SCHROLL FOR $13.50 CONSTITUTING A RECLAIM FOR 1 1/2 DAYS PER DIEM IN LIEU OF SUBSISTENCE ADMINISTRATIVELY DEDUCTED FROM A PRIOR TRAVEL VOUCHER.

YOUR LETTER REPORTS THE FACTS AS FOLLOWS: MR. SCHROLL, WITH POST OF DUTY AT MIAMI, FLORIDA, PERFORMED TEMPORARY DUTY AT ST. LOUIS, MISSOURI, THROUGH WEDNESDAY NOVEMBER 30, 1955, AND WENT ON ANNUAL LEAVE FOR THE ENTIRE MONTH OF DECEMBER RETURNING TO MIAMI AT HIS OWN EXPENSE. HE LEFT MIAMI BY RAIL AT HIS OWN EXPENSE AT 12:50 P.M. SUNDAY JANUARY 1, 1956, ARRIVED BACK AT ST. LOUIS :45 P.M. ON JANUARY 2, A HOLIDAY, AND RESUMED HIS TEMPORARY DUTY THERE AT THE BEGINNING OF BUSINESS ON TUESDAY JANUARY 3. IN A TRAVEL VOUCHER FOR JANUARY 1 THROUGH JANUARY 31, 1956, HE CLAIMED $274.50 PER DIEM FOR THE PERIOD FROM 12:50 P.M. JANUARY 1 THROUGH JANUARY 31, 1956. THAT AMOUNT WAS ADMINISTRATIVELY REDUCED BY $13.50 FOR 1 1/2 DAYS CLAIMED FOR JANUARY 1 AND 2 ON THE THEORY THAT ALL EXPENSES BETWEEN NOVEMBER 30 AND JANUARY 3 WERE PERSONAL BECAUSE OF EXTENDED LEAVE AT HIS OFFICIAL STATION. THIS IS THE AMOUNT RECLAIMED ON THE VOUCHER.

PARAGRAPH 45A OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES IN PERTINENT PART:

"* * * A TRAVELER WILL BE CONSIDERED TO BE IN SUBSISTENCE STATUS ON NONWORK DAYS UNLESS HE RETURNS TO HIS OFFICIAL STATION OR UNLESS SUCH NONWORK DAY IS IMMEDIATELY PRECEDED AND FOLLOWED BY LEAVE OF ABSENCE. PROVIDED, THAT PER DIEM IN LIEU OF SUBSISTENCE MAY NOT BE PAID FOR MORE THAN TWO NONWORK DAYS WHERE THE LEAVE OF ABSENCE IS IMMEDIATELY PRECEDED AND FOLLOWED BY NONWORK DAY/S). * * *"

IN 31 COMP. GEN. 144, WE HELD, QUOTING FROM THE SYLLABUS---

"UNDER THE PROVISIONS OF SECTION 45A, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, AN EMPLOYEE IN A SUBSISTENCE STATUS WHO IS AWAY FROM HIS OFFICIAL DUTY STATION IS ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE ON NONWORKDAYS WHICH ARE NOT IMMEDIATELY PRECEDED AND FOLLOWED BY A LEAVE OF ABSENCE; TO TERMINATE THE EMPLOYEE'S SUBSISTENCE STATUS THE NONWORKDAY MUST BE IMMEDIATELY PRECEDED AND FOLLOWED BY A LEAVE OF ABSENCE.'

AS THE NONWORKDAYS JANUARY 1 AND 2, 1956, WERE NOT FOLLOWED BY A LEAVE OF ABSENCE, THE EMPLOYEE, UNDER THE ABOVE-QUOTED REGULATION AND THE REFERRED- TO DECISION, WAS ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE CLAIMED FOR SUCH DAYS.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IN THE ABSENCE OF OTHER OBJECTIONS.