B-133543, SEP. 26, 1957

B-133543: Sep 26, 1957

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WHEN HE WAS TRAVELING EN ROUTE TO LOS ANGELES. OVERSTREET'S ITINERARY WAS AS FOLLOWS: TABLE THURSDAY. OVERSTREET'S CLAIM FOR PER DIEM FOR SATURDAY AND SUNDAY WAS DISALLOWED BY YOUR OFFICE PURSUANT TO SECTION 6.3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WHICH PROVIDES THAT "A TRAVELER WILL BE CONSIDERED TO BE IN SUBSISTENCE STATUS ON NONWORK DAYS * * * UNLESS SUCH NONWORK DAY IS IMMEDIATELY PRECEDED AND FOLLOWED BY LEAVE OF ABSENCE.'. IS MR. OVERSTREET'S CONTENTION THAT SECTION 6.3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS DOES NOT APPLY IN HIS CASE BECAUSE HE WAS TRAVELING SATURDAY. ALTHOUGH IT IS TRUE THAT ON SATURDAY. OVERSTREET WAS EN ROUTE TO HIS DESTINATION. HE WAS IN AN ANNUAL LEAVE STATUS.

B-133543, SEP. 26, 1957

TO MR. JOSEPH E. CADELL, AUTHORIZED CERTIFYING OFFICER, U.S. DEPARTMENT OF COMMERCE:

THIS REFERS TO YOUR LETTER OF AUGUST 19, 1957, FILE L10:423, WITH ENCLOSURES, RELATIVE TO THE CLAIM OF MR. ROBERT H. OVERSTREET, A MARITIME ADMINISTRATION EMPLOYEE, FOR TWO DAYS PER DIEM FOR SATURDAY AND SUNDAY, JUNE 1 AND 2, 1957, WHEN HE WAS TRAVELING EN ROUTE TO LOS ANGELES, CALIFORNIA, HIS TEMPORARY DUTY STATION.

YOU SAY THAT MR. OVERSTREET'S ITINERARY WAS AS FOLLOWS:

TABLE

THURSDAY, MAY 30 - LV. NEW ORLEANS, LA. 10:45 P.M.

FRIDAY, MAY 31 - AR. HOUSTON, TEXAS (ANNUAL LEAVE) 7:20 A.M.

SATURDAY, JUNE 1 - LV. HOUSTON, TEXAS (RESUMED DUTY) 7:40 A.M.

SUNDAY, JUNE 2 - AR. PHOENIX, ARIZ. 8:20 A.M.

MONDAY, JUNE 3 - ANNUAL LEAVE IN PHOENIX (ONE DAY)

LV. PHOENIX, ARIZ; (RESUMED DUTY) 11:50 P.M.

TUESDAY, JUNE 4 - AR. LOS ANGELES, CALIF. 7:30 A.M.

MR. OVERSTREET'S CLAIM FOR PER DIEM FOR SATURDAY AND SUNDAY WAS DISALLOWED BY YOUR OFFICE PURSUANT TO SECTION 6.3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WHICH PROVIDES THAT "A TRAVELER WILL BE CONSIDERED TO BE IN SUBSISTENCE STATUS ON NONWORK DAYS * * * UNLESS SUCH NONWORK DAY IS IMMEDIATELY PRECEDED AND FOLLOWED BY LEAVE OF ABSENCE.' IS MR. OVERSTREET'S CONTENTION THAT SECTION 6.3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS DOES NOT APPLY IN HIS CASE BECAUSE HE WAS TRAVELING SATURDAY, JUNE 1, AND PART OF SUNDAY, JUNE 2, TO CALIFORNIA, AS AUTHORIZED BY HIS TRAVEL ORDER.

ALTHOUGH IT IS TRUE THAT ON SATURDAY, JUNE 1, AND PART OF SUNDAY, JUNE 2, 1957, MR. OVERSTREET WAS EN ROUTE TO HIS DESTINATION, THE FACT REMAINS THAT HIS CASE FALLS SQUARELY WITHIN THE PROHIBITIVE LANGUAGE OF SECTION 6.3 BECAUSE ON FRIDAY, MAY 31, AND MONDAY, JUNE 3, HE WAS IN AN ANNUAL LEAVE STATUS. THE REGULATIONS CONTAIN NO EXCEPTION TO THE ABOVE QUOTED PROVISION. OUR OFFICE WOULD NOT BE WARRANTED IN AUTHORIZING AN EXCEPTION THERETO BY DECISION.

ACCORDINGLY, THE RECLAIM VOUCHER RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.