B-128736, AUG. 3, 1956

B-128736: Aug 3, 1956

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REQUESTS OUR DECISION WHETHER PAYMENT IS AUTHORIZED ON THE RECLAIM VOUCHER THEREWITH TRANSMITTED IN THE AMOUNT OF $6 IN FAVOR OF PAUL NIEDERMAN. THE AMOUNT IS A RECLAIM OF A DEDUCTION FROM A PREVIOUS TRAVEL VOUCHER. TRAVELER WAS ON AUTHORIZED ANNUAL LEAVE AFTER DEPARTING WASHINGTON. THE PER DIEM CLAIMED WAS CALCULATED ON A CONSTRUCTIVE TRAVEL BASIS. CLAIMING HE WAS ENTITLED TO A NIGHT'S REST PRIOR TO HIS RETURN TO DUTY STATION. IN THE ADMINISTRATIVE EXCEPTION TAKEN ON THE ORIGINAL VOUCHER THE RETURN TRAVEL WAS CONSTRUCTED ON THE FIRST AVAILABLE FLIGHT ON THE SAME COMMERCIAL AIRLINE ON WHICH THE ORIGINAL TICKET WAS ISSUED LEAVING SAN FRANCISCO AT 8:40 P.M. HAD THE TRAVELER FOLLOWED THE SCHEDULE UPON WHICH THE ADMINISTRATIVE CONSTRUCTED ACCOUNT WAS BASED HE WOULD HAVE BEEN TRAVELING ALL NIGHT WITH NO OPPORTUNITY FOR REST PRIOR TO HIS REPORTING FOR DUTY THE FOLLOWING MORNING.

B-128736, AUG. 3, 1956

TO LIEUTENANT D. MACMILLAN, DISBURSING OFFICER, MILITARY SEA TRANSPORTATION SERVICE:

YOUR LETTER OF APRIL 25, 1956 (SER 962M54), FORWARDED HERE BY JUDGE ADVOCATE GENERAL'S LETTER OF JULY 23, 1956 (JAG:II:3:WEH:VCW), REQUESTS OUR DECISION WHETHER PAYMENT IS AUTHORIZED ON THE RECLAIM VOUCHER THEREWITH TRANSMITTED IN THE AMOUNT OF $6 IN FAVOR OF PAUL NIEDERMAN, AN EMPLOYEE OF THE MILITARY SEA TRANSPORTATION SERVICE. THE AMOUNT IS A RECLAIM OF A DEDUCTION FROM A PREVIOUS TRAVEL VOUCHER.

TRAVEL ORDER DATED MARCH 15, 1956, DIRECTED MR. NIEDERMAN TO TRAVEL FROM HIS HEADQUARTERS, WASHINGTON D.C., TO SAN FRANCISCO, CALIFORNIA, AND RETURN, AND AUTHORIZED TRAVEL BY COMMERCIAL AIR, ALLOWING APPROXIMATELY THREE DAYS OF ANNUAL LEAVE DURING THIS PERIOD. TRAVELER WAS ON AUTHORIZED ANNUAL LEAVE AFTER DEPARTING WASHINGTON, D.C., AND PRIOR TO ARRIVAL AT TEMPORARY DUTY POINT, AND AGAIN AFTER DEPARTING THE TEMPORARY DUTY STATION AND PRIOR TO RETURNING TO WASHINGTON.

THE PER DIEM CLAIMED WAS CALCULATED ON A CONSTRUCTIVE TRAVEL BASIS. THE TRAVEL ORDERS INDICATED THE COMPLETION OF THE TEMPORARY DUTY IN SAN FRANCISCO AT 4:30 P.M., ON MARCH 30, 1956. THE TRAVELER CONSTRUCTED HIS RETURN TRAVEL AS COMMENCING AT 7:05 A.M., MARCH 31,CLAIMING HE WAS ENTITLED TO A NIGHT'S REST PRIOR TO HIS RETURN TO DUTY STATION. IN THE ADMINISTRATIVE EXCEPTION TAKEN ON THE ORIGINAL VOUCHER THE RETURN TRAVEL WAS CONSTRUCTED ON THE FIRST AVAILABLE FLIGHT ON THE SAME COMMERCIAL AIRLINE ON WHICH THE ORIGINAL TICKET WAS ISSUED LEAVING SAN FRANCISCO AT 8:40 P.M., MARCH 30, 1956.

HAD THE TRAVELER FOLLOWED THE SCHEDULE UPON WHICH THE ADMINISTRATIVE CONSTRUCTED ACCOUNT WAS BASED HE WOULD HAVE BEEN TRAVELING ALL NIGHT WITH NO OPPORTUNITY FOR REST PRIOR TO HIS REPORTING FOR DUTY THE FOLLOWING MORNING. THE RULE IS WELL ESTABLISHED THAT AN EMPLOYEE IN A BONA FIDE TRAVEL STATUS IS ENTITLED TO REASONABLE HOURS OF REST, AND THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS ARE NOT TO BE CONSTRUED AS REQUIRING THE PERFORMANCE OF TRAVEL DURING UNREASONABLE HOURS IF SLEEPING ACCOMMODATIONS ARE NOT AVAILABLE. 33 COMP. GEN. 221; AND B 123123, JUNE 3, 1955. ACCORDINGLY THE EMPLOYEE APPEARS ENTITLED TO THE AMOUNT CLAIMED. THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE PAID, IN THE ABSENCE OF OTHER OBJECTION.