B-133933, OCT. 25, 1957

B-133933: Oct 25, 1957

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WHICH WAS LABOR DAY. YOSHINO WAS ON ANNUAL LEAVE FROM HIS POST OF DUTY IN THE CITY OF WASHINGTON. YOSHINO'S TRIP TO CHICAGO WAS DULY ANTICIPATED BY THE PRESIDENT'S COMMITTEE ON GOVERNMENT CONTRACTS AND THAT SAID COMMITTEE GRANTED TO HIM PERMISSION TO PROCEED TO CHICAGO IN HIS OWN AUTOMOBILE. THE PRACTICE OF THE SAID COMMITTEE WITH RESPECT TO TRAVEL AUTHORIZATIONS IS TO ISSUE A BLANKET TRAVEL AUTHORIZATION FOR THE FISCAL YEAR BEGINNING JULY 1. ONE OF THE MODES OF TRAVEL SPECIFICALLY SET FORTH IN SECTION (D) THEREOF IS "PRIVATELY OWNED AUTOMOBILE ON A MILEAGE BASIS. WE ARE FURTHER ADMINISTRATIVELY INFORMED THAT ONE OF THE CHIEF FUNCTIONS OF SAID COMMITTEE IS TO SEND SPEAKERS ALL OVER THE CONTINENTAL UNITED STATES FOR THE PURPOSE OF EDUCATING THE GENERAL PUBLIC AND PRIVATE.

B-133933, OCT. 25, 1957

TO MR. L. H. PERKINS, AUTHORIZED CERTIFYING OFFICER, U.S. DEPARTMENT OF LABOR:

YOUR LETTER OF SEPTEMBER 26, 1957, TRANSMITTED A TRAVEL VOUCHER COVERING THE TRAVEL AND PER DIEM ALLOWANCE OF MR. JOHN Y. YOSHINO FROM WASHINGTON, D.C., TO CHICAGO, ILLINOIS, AND RETURN, FOR THE STATED PURPOSE OF MAKING A SPEECH AND PERFORMING OTHER DUTIES FOR THE PRESIDENT'S COMMITTEE ON GOVERNMENT CONTRACTS AT THE CONVENTION OF THE EASTERN AND MIDWEST DISTRICT OF THE JAPANESE AMERICAN CITIZENS LEAGUE AT THE SHERATON HOTEL, CHICAGO. THIS CONVENTION TOOK PLACE ON THREE SUCCESSIVE DAYS, NAMELY SATURDAY, AUGUST 31, 1957, SUNDAY, SEPTEMBER 1, 1957, AND MONDAY, SEPTEMBER 2, 1957, WHICH WAS LABOR DAY.

THE RECORD SHOWS THAT MR. YOSHINO WAS ON ANNUAL LEAVE FROM HIS POST OF DUTY IN THE CITY OF WASHINGTON, D.C., FROM THE 25TH DAY OF AUGUST 1957, TO THE 7TH DAY OF SEPTEMBER 1957. WHILE ON SAID ANNUAL LEAVE THE EMPLOYEE DEPARTED FROM CHICAGO ON AUGUST 28, 1957, AND ARRIVED THERE ON AUGUST 30, 1957, HAVING MADE THE TRIP BY PRIVATE AUTOMOBILE. HE ATTENDED THE CONVENTION ON THE DAYS PREVIOUSLY INDICATED AND THEN REMAINED IN CHICAGO ON ANNUAL LEAVE UNTIL SEPTEMBER 5, 1957, WHEN HE DEPARTED FOR WASHINGTON, WHERE HE ARRIVED ON SEPTEMBER 7, 1957.

IT APPEARS FROM THE RECORD THAT MR. YOSHINO'S TRIP TO CHICAGO WAS DULY ANTICIPATED BY THE PRESIDENT'S COMMITTEE ON GOVERNMENT CONTRACTS AND THAT SAID COMMITTEE GRANTED TO HIM PERMISSION TO PROCEED TO CHICAGO IN HIS OWN AUTOMOBILE, IT BEING ADMINISTRATIVELY UNDERSTOOD THAT THE COST TO THE GOVERNMENT OF THE AUTOMOBILE TRIP SHOULD NOT EXCEED THE FIRST CLASS PLANE FARE TO CHICAGO AND RETURN TO WASHINGTON. THE PRACTICE OF THE SAID COMMITTEE WITH RESPECT TO TRAVEL AUTHORIZATIONS IS TO ISSUE A BLANKET TRAVEL AUTHORIZATION FOR THE FISCAL YEAR BEGINNING JULY 1,COVERING SUCH POINTS IN THE UNITED STATES AS MAY BE NECESSARY AND RETURN. ONE OF THE MODES OF TRAVEL SPECIFICALLY SET FORTH IN SECTION (D) THEREOF IS "PRIVATELY OWNED AUTOMOBILE ON A MILEAGE BASIS, BUT NOT TO EXCEED THE COST BY COMMON CARRIER.'

WE ARE FURTHER ADMINISTRATIVELY INFORMED THAT ONE OF THE CHIEF FUNCTIONS OF SAID COMMITTEE IS TO SEND SPEAKERS ALL OVER THE CONTINENTAL UNITED STATES FOR THE PURPOSE OF EDUCATING THE GENERAL PUBLIC AND PRIVATE, STATE, MUNICIPAL AND FEDERAL GOVERNMENT AGENCIES CONCERNING THE POLICIES AND PROGRAMS WITH RESPECT TO THE NONDISCRIMINATORY PROVISIONS IN GOVERNMENT CONTRACTS.

MR. YOSHINO HAS SUBMITTED A SCHEDULE OF EXPENSES REQUESTING PAYMENT OF THE SUM OF $115.90. THE FIGURE IS BASED ON THE STATEMENT OF MR. YOSHINO THAT HAD HE TRAVELED TO CHICAGO BY PLANE LEAVING WASHINGTON, D.C., AT 8:45 P.M. ON AUGUST 30, 1957, HE WOULD HAVE ARRIVED IN CHICAGO AT 10:45 P.M. ON THE EVENING OF THE SAME DAY, WHICH WAS THE EVENING BEFORE THE FIRST DAY OF THE CONVENTION COMMENCING AUGUST 31, 1957. MR. YOSHINO ALSO STATES THAT HAD HE LEFT CHICAGO AT 2:15 P.M. ON THE SECOND OF SEPTEMBER (THE LAST DAY OF THE CONVENTION), HE WOULD HAVE ARRIVED IN WASHINGTON, D.C., ON SEPTEMBER 2 AT 5:25 P.M. THE COST OF PLANE TRANSPORTATION NOT UTILIZED BY MR. YOSHINO WOULD HAVE BEEN $71.90 FOR THE ROUND TRIP TICKET PLUS $2.90 TO AND FROM HIS HOME TO THE WASHINGTON AIRPORT. IN ADDITION, MR. YOSHINO CLAIMS PER DIEM ALLOWANCE FOR THREE DAYS, AMOUNTING TO $36. THE CONVENTION LASTED A TOTAL OF THREE DAYS.

THE RECORD INDICATES THAT MR. YOSHINO, AS A REPRESENTATIVE OF THE PRESIDENT'S COMMITTEE ON GOVERNMENT CONTRACTS, WAS OFFICIALLY DESIGNATED TO ATTEND THE CONVENTION IN CHICAGO AND HAD HE NOT BEEN ON LEAVE DURING THE TIME OF THE CONVENTION, THE GOVERNMENT WOULD HAVE BEEN OBLIGED TO PAY HIS EXPENSES TO CHICAGO AND RETURN, FOR SUCH PURPOSE. ALSO, WHEN MR. YOSHINO COMMENCED HIS LEAVE ON THE 25TH DAY OF AUGUST 1957, IT WAS CONTEMPLATED BY THE GOVERNMENT THAT SUCH LEAVE WOULD NECESSARILY BE INTERRUPTED BY THE ANTICIPATED TRIP TO CHICAGO.

WHILE THE ACCOUNTING OFFICERS OF THE GOVERNMENT HAVE GENERALLY HELD THAT AN EMPLOYEE WHO ABSENTS HIMSELF FROM HIS HEADQUARTERS UPON A LEAVE OF ABSENCE, ASSUMES THE DUTY OF RETURNING THERETO AT HIS OWN EXPENSE, NOTWITHSTANDING AN ASSIGNMENT OF TEMPORARY DUTY, THAT RULE WOULD NOT APPEAR FOR APPLICATION HERE SINCE IT WAS KNOWN PRIOR TO THE EMPLOYEE ENTERING A LEAVE STATUS THAT HE WOULD BE REQUIRED TO PERFORM OFFICIAL DUTIES ON DATES FALLING WITHIN THE PERIOD OF ANNUAL LEAVE. MR. YOSHINO'S SITUATION IS MORE ANALOGOUS TO ONE WHERE THE EMPLOYEE TAKES ANNUAL LEAVE AFTER THE PERFORMANCE OF TEMPORARY DUTY AND BEFORE RETURN TO HIS OFFICIAL STATION. COMPARE B-104378, JULY 31, 1951, CITING 6 COMP. GEN. 380, 24 COMP. GEN. 443, AND 29 COMP. GEN. 173; ALSO COMPARE B-126392, JANUARY 20, 1956.

IN THIS CASE, THE FACT THAT MR. YOSHINO RESUMED HIS ANNUAL LEAVE STATUS IN CHICAGO FOR A FEW DAYS AFTER THE CONVENTION WOULD NOT EFFECT HIS RIGHT TO BE REIMBURSED FOR THE TRANSPORTATION TO AND FROM CHICAGO.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.