B-131877, AUG. 2, 1957

B-131877: Aug 2, 1957

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JAMES IS OFFICIALLY STATIONED AT THE CENTRAL EXPERIMENT STATION OF THE BUREAU OF MINES. IS BEYOND THE LIMITS BUT IN THE IMMEDIATE VICINITY OF PITTSBURGH. YOUR DOUBT IS AS TO THE SUBSISTENCE CLAIMED. DETERMINING THE APPLICABILITY OF THAT RESTRICTION TO THE PRESENT CASE THE QUESTION IS RAISED WHETHER THE TIME OF MR. SECTION 6.9C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES: "THE TIME OF ARRIVAL AT AND DEPARTURE FROM A PLACE WILL BE CONSIDERED AS THE HOUR AT WHICH THE TRAIN. A COPY OF WHICH IS ENCLOSED. WE RULED THAT SECTION 6.9C IS APPLICABLE WHETHER THE TERMINAL IS WITHIN OR WITHOUT THE OFFICIAL STATION OF THE EMPLOYEE. YOU ARE REFERRED TO THE ENCLOSED COPY OF OUR DECISION.

B-131877, AUG. 2, 1957

TO MR. W. F. OWEN, JR., AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF THE INTERIOR:

YOUR LETTER OF MAY 15, 1957, REQUESTS A DECISION UPON THE ENTITLEMENT OF MR. ROBERT S. JAMES, BUREAU OF MINES, DEPARTMENT OF THE INTERIOR, TO THE PER DIEM IN LIEU OF SUBSISTENCE CLAIMED BY HIM ON AN ATTACHED TRAVEL VOUCHER.

MR. JAMES IS OFFICIALLY STATIONED AT THE CENTRAL EXPERIMENT STATION OF THE BUREAU OF MINES, PITTSBURGH, PENNSYLVANIA. ON MARCH 29, 1957, IN THE PERFORMANCE OF HIS DUTIES, HE LEFT THE CENTRAL EXPERIMENT STATION AT 9:00 A.M. FOR COLUMBUS, OHIO, AND RETURNED TO HIS HEADQUARTERS AT :20 P.M. THE SAME DAY. MR. JAMES TRAVELED BY COMMERCIAL AIR. THE LOCAL AIR TERMINAL USED, THE GREATER PITTSBURGH AIRPORT, IS BEYOND THE LIMITS BUT IN THE IMMEDIATE VICINITY OF PITTSBURGH. MR. JAMES TRAVELED TO THE AIRPORT AND, UPON RETURN, FROM THE AIRPORT TO HEADQUARTERS BY PRIVATE VEHICLE. CLAIMS MILEAGE FOR THE USE OF HIS VEHICLE AND ONE-HALF A DAY'S SUBSISTENCE ALLOWANCE.

YOUR DOUBT IS AS TO THE SUBSISTENCE CLAIMED. BY A MEMORANDUM DATED MARCH 27, 1957, THE ASSISTANT DIRECTOR OF HEALTH AND SAFETY, BUREAU OF MINES, DIRECTED THE AMENDMENT OF TRAVEL AUTHORIZATIONS TO PROVIDE THAT NO PER DIEM WOULD BE ALLOWED WHEN ABSENCE FROM POST OF DUTY DOES NOT EXCEED ANY 12-HOUR PERIOD WITHIN WHICH YOUR TOUR OF DUTY FALLS FOR THAT WORK DAY. DETERMINING THE APPLICABILITY OF THAT RESTRICTION TO THE PRESENT CASE THE QUESTION IS RAISED WHETHER THE TIME OF MR. JAMES' DEPARTURE FROM AND RETURN TO THE LOCAL AIR TERMINAL OR THE TIME OF HIS DEPARTURE FROM AND RETURN TO THE CENTRAL EXPERIMENT STATION SHOULD BE CONSIDERED AS CONTROLLING.

SECTION 6.9C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES:

"THE TIME OF ARRIVAL AT AND DEPARTURE FROM A PLACE WILL BE CONSIDERED AS THE HOUR AT WHICH THE TRAIN, BOAT, OR OTHER CONVEYANCE USED BY THE TRAVELER ACTUALLY LEAVES OR ARRIVES AT ITS REGULAR TERMINAL.'

IN OUR DECISION OF MAY 16, 1957, B-130574, A COPY OF WHICH IS ENCLOSED, WE RULED THAT SECTION 6.9C IS APPLICABLE WHETHER THE TERMINAL IS WITHIN OR WITHOUT THE OFFICIAL STATION OF THE EMPLOYEE. THUS, IN THE ABSENCE OF THE MEMORANDUM OF MARCH 27, 1957, THE EMPLOYEE WOULD BE ENTITLED TO PER DIEM FROM TIME OF HIS DEPARTURE FROM AND RETURN TO THE GREATER PITTSBURGH AIRPORT.

YOUR LETTER FAILS TO DISCLOSE WHETHER MR. JAMES HAD KNOWLEDGE OF THE MEMORANDUM PRIOR TO HIS TRAVEL. IF HE HAD, HIS TRAVEL AUTHORITY BECAME SUBJECT TO THE PROVISIONS OF THE MEMORANDUM, AND SINCE HIS ABSENCE DID NOT EXCEED THE 12-HOUR PERIOD WITHIN WHICH HIS TOUR OF DUTY FELL FOR THAT WORKDAY, HE WOULD NOT BE ENTITLED TO ANY PER DIEM.

CONCERNING YOUR INQUIRY AS TO THE TIME PER DIEM BEGINS OR STOPS WHEN AN EMPLOYEE TRAVELS BETWEEN HIS HOME AND THE AIR TERMINAL BY PRIVATE AUTOMOBILE, YOU ARE REFERRED TO THE ENCLOSED COPY OF OUR DECISION,B- 130574.