B-131736, JUN. 25, 1957

B-131736, JUN. 25, 1957

TO MR. R. P. HOGAN, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF COMMERCE:

YOUR LETTER OF MAY 2, 1957, A-3.32, REQUESTS OUR DECISION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT A VOUCHER DRAWN IN FAVOR OF GEORGE L. GADEA, FOR PER DIEM IN LIEU OF SUBSISTENCE FOR 26 3/4 DAYS FROM MARCH 7, 1957, TO APRIL 5, 1957, DURING WHICH PERIOD HE WAS RECEIVING TRAINING AT WASHINGTON, D.C.

BY TRAVEL ORDER DATED JANUARY 4, 1957, MR. GADEA WAS PERMANENTLY TRANSFERRED FROM WASHINGTON, D.C., TO LIMA, PERU, IN CONNECTION WITH ACTIVITIES OF THE INTERNATIONAL GEOPHYSICAL YEAR. HE WAS AUTHORIZED TO TRAVEL FROM WASHINGTON TO PERU VIA COLUMBIA, MISSOURI, ST. CLOUD, MINNESOTA, AND WASHINGTON, D.C. FOR ADVANCE TRAINING AT THE INTERMEDIATE CITIES. THE DETAILS AT THE INTERMEDIATE CITIES INVOLVED TRAINING IN THE OPERATION AND MAINTENANCE OF ELECTRONICALLY OPERATED METEOROLOGICAL EQUIPMENT AND THE PREPARATION OF TRANSLATIONS OF INSTRUCTIONAL MATERIAL. IT IS REPORTED THAT MR. GADEA COULD NOT HAVE PERFORMED THE TRAINING AND DUTIES IN WASHINGTON PRIOR TO HIS RECEIVING THE TRAINING AT COLUMBIA AND ST. CLOUD. ALSO, YOU REPORT THAT HE WAS PROMOTED TO HIS NEW POSITION AT LIMA, PERU AT THE TIME OF HIS DEPARTURE FROM WASHINGTON, FOR COLUMBIA, AND HIS FORMER POSITION IN WASHINGTON WAS VACATED AT THAT TIME. MR. GADEA STATES ON HIS TRAVEL VOUCHER THAT HE DISCONTINUED HIS RESIDENCE IN WASHINGTON, AND ORDERED HIS HOUSEHOLD EFFECTS PICKED UP BY THE TRANSPORTATION COMPANY PREPARATORY TO SHIPMENT TO LIMA BEFORE DEPARTING FOR COLUMBIA, ON JANUARY 18, 1957. IT IS INFORMALLY REPORTED THAT SUCH EARLY DELIVERY OF HIS EFFECTS WAS NECESSARY SO AS TO FACILITATE HIS WORK UPON HIS ARRIVAL IN PERU.

OUR OFFICE HAS CONSISTENTLY HELD THAT AN EMPLOYEE'S HEADQUARTERS OR POST OF DUTY FOR TRAVEL AND PER DIEM PURPOSES IS REQUIRED TO BE THE PLACE AT WHICH HE EXPECTS, AND IS EXPECTED, INDEFINITELY TO SPEND THE GREATER PART OF HIS TIME--- WHERE NORMALLY HIS RESIDENCE WOULD BE ESTABLISHED AND WHERE THERE WOULD BE NO EXTRA SUBSISTENCE EXPENSES TO BE INCURRED OR TO BE REIMBURSED THROUGH THE MEDIUM OF A PER DIEM. THE ACTUAL FACTS ARE CONTROLLING IN EACH INSTANCE. SEE 25 COMP. GEN. 136; ID. 461; 19 ID. 347; 18 ID. 423 AND 10 ID. 469.

FROM THE FACTS REPORTED IT DOES NOT APPEAR TO HAVE BEEN INTENDED TO MAKE ANY OF THE INTERMEDIATE CITIES AT WHICH MR. GADEA WAS TO RECEIVE ADVANCE TRAINING HIS OFFICIAL STATION. HE DID NOT EXPECT, NOR WAS HE EXPECTED, INDEFINITELY TO SPEND THE GREATER PART OF HIS TIME AT SUCH POINTS, OR TO ESTABLISH A RESIDENCE THERE. HE WAS TRANSFERRED FOR DUTY ABROAD AND LIMA WAS TO BE HIS OFFICIAL STATION. WHILE WASHINGTON, D.C. WAS HIS DUTY STATION PRIOR TO VACATING HIS FORMER POSITION, IN VIEW OF THE INFORMATION THAT HE WAS IN EFFECT REQUIRED TO DELIVER HIS HOUSEHOLD EFFECTS FOR SHIPMENT PRIOR TO ENTERING ON THE ADVANCED TRAINING AND THAT THEREAFTER HE MAINTAINED NO HOME IN THAT CITY, WASHINGTON PROPERLY MAY BE CONSIDERED A PLACE AT WHICH HE WAS REQUIRED TO TRAIN, A TEMPORARY DUTY STATION IN THE SAME MANNER AS THE OTHER CITIES AT WHICH THE TRAINING WAS TO BE GIVEN. ACCORDINGLY, AND IN VIEW OF THE INFORMATION THAT THE TRAINING IN WASHINGTON COULD NOT HAVE BEEN UNDERTAKEN PRIOR TO COMPLETION OF THE TRAINING AT COLUMBIA AND ST. CLOUD, IT REASONABLY MAY BE CONCLUDED THAT WASHINGTON, D.C. WAS NOT IN FACT MR. GADEA'S HEADQUARTERS FOR TRAVEL AND PER DIEM PURPOSES DURING THE PERIOD MARCH 7, 1957, TO APRIL 5, 1957. THE VOUCHER, ..END :