B-135757, MAY 15, 1958

B-135757: May 15, 1958

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REQUEST OUR DECISION WHETHER PAYMENT IS AUTHORIZED ON THE RECLAIM VOUCHERS THEREWITH ENCLOSED IN FAVOR OF MESSRS. THE TRAVEL WAS TO BE PERFORMED BY PLANE. WERE AUTHORIZED TO TRAVEL WITH HIM AT GOVERNMENT EXPENSE. A PER DIEM RATE OF $17 WAS AUTHORIZED WHILE IN ALASKA IN A TRAVEL STATUS. AS HE AND HIS FAMILY WERE SCHEDULED TO LEAVE FOR MOSES POINT ON THE ALASKA AIRLINE. TRAVEL WAS PERFORMED BY TAXICAB TO LIMOUSINE TERMINAL IN ANCHORAGE AND FROM THAT POINT BY LIMOUSINE TO THE AIRPORT. WENGER'S BAGGAGE WAS MARKED AND LOADED ABOARD THE PLANE. FIVE MINUTES BEFORE THE PLANE WAS SCHEDULED TO DEPART THE FLIGHT TO MOSES POINT WAS CANCELED BECAUSE OF WEATHER CONDITIONS. IT WOULD HAVE BEEN NECESSARY FOR HIM TO REMAIN IN NOME UNTIL NOVEMBER 20.

B-135757, MAY 15, 1958

TO MISS GENEVIEVE B. CROWE, AUTHORIZED CERTIFYING OFFICER, CIVIL AERONAUTICS ADMINISTRATION:

YOUR LETTERS OF FEBRUARY 27, 1958, AND MARCH 4, 1958, WITH ENCLOSURES, FORWARDED TO US ON APRIL 4, 1958, BY THE CHIEF, AUDIT DIVISION, BUDGET AND FINANCE OFFICE, CIVIL AERONAUTICS ADMINISTRATION, REQUEST OUR DECISION WHETHER PAYMENT IS AUTHORIZED ON THE RECLAIM VOUCHERS THEREWITH ENCLOSED IN FAVOR OF MESSRS. CLYDE C. WENGER AND CLEVELAND W. GLOVER, REPRESENTING PER DIEM IN LIEU OF SUBSISTENCE IN CONNECTION WITH TRAVEL UNDER THE FACTS AND CIRCUMSTANCES STATED BELOW. ALSO YOU REQUEST ADVICE WHETHER THE DECISION RENDERED IN THIS CASE MAY BE USED AS A BASIS FOR PAYMENT OF FUTURE BORDER LINE CASES.

TRAVEL ORDER DATED NOVEMBER 8, 1957, DIRECTED MR. WENGER, AN EMPLOYEE OF THE CIVIL AERONAUTICS ADMINISTRATION, TO TRAVEL FROM ANCHORAGE TO MOSES POINT, ALASKA, FOR PERMANENT CHANGE OF STATION. THE TRAVEL WAS TO BE PERFORMED BY PLANE, COMMERCIAL OR GOVERNMENT. MR. WENGER'S DEPENDENTS, WIFE AND DAUGHTER, WERE AUTHORIZED TO TRAVEL WITH HIM AT GOVERNMENT EXPENSE. A PER DIEM RATE OF $17 WAS AUTHORIZED WHILE IN ALASKA IN A TRAVEL STATUS. MR. WENGER DEPARTED FROM HIS RESIDENCE IN ANCHORAGE FOR THE INTERNATIONAL AIRPORT ON NOVEMBER 16, 1957, AS HE AND HIS FAMILY WERE SCHEDULED TO LEAVE FOR MOSES POINT ON THE ALASKA AIRLINE, FLIGHT NO. 301 AT 7:30 A.M. TRAVEL WAS PERFORMED BY TAXICAB TO LIMOUSINE TERMINAL IN ANCHORAGE AND FROM THAT POINT BY LIMOUSINE TO THE AIRPORT. MR. WENGER'S BAGGAGE WAS MARKED AND LOADED ABOARD THE PLANE. FIVE MINUTES BEFORE THE PLANE WAS SCHEDULED TO DEPART THE FLIGHT TO MOSES POINT WAS CANCELED BECAUSE OF WEATHER CONDITIONS. IF MR. WENGER HAD PROCEEDED TO NOME, ALASKA, ON NEXT AVAILABLE FLIGHT, IT WOULD HAVE BEEN NECESSARY FOR HIM TO REMAIN IN NOME UNTIL NOVEMBER 20, THE DATE OF DEPARTURE OF NEXT AVAILABLE PLANE FOR MOSES POINT. SINCE MR. WENGER HAD VACATED HIS RESIDENCE HE HAD TO FIND OTHER ACCOMMODATIONS FOR HIMSELF AND FAMILY WHILE IN ANCHORAGE.

ON NOVEMBER 19, 1957, MR. WENGER REPORTED TO THE AIRPORT AND DEPARTED AT 7:30 A.M. AND RETURNED TO ANCHORAGE AT 1:30 P.M. BECAUSE OF A FAULTY LANDING GEAR. ON THE SAME DAY HE DEPARTED BY PLANE AT 4:00 P.M. BUT WAS TURNED BACK BECAUSE OF BAD WEATHER AND LANDED AT ANCHORAGE AT 7:30 P.M. HE RETURNED TO DOWNTOWN ANCHORAGE TO SPEND THE NIGHT. ON NOVEMBER 20, 1957, MR. WENGER FINALLY DEPARTED ANCHORAGE BY PLANE AT 7:30 A.M. THE PER DIEM FOR LAY OVER IN ANCHORAGE (FORMER HEADQUARTERS) IN THE AMOUNT OF $55.25 WAS DEDUCTED FROM MR. WENGER'S ORIGINAL VOUCHER.

TRAVEL ORDER DATED NOVEMBER 8, 1957, DIRECTED C. W. GLOVER, AN EMPLOYEE OF THE CIVIL AERONAUTICS ADMINISTRATION, TO TRAVEL FROM ANCHORAGE TO YAKATAGA, ALASKA, FOR PERMANENT CHANGE OF STATION. THE TRAVEL WAS TO BE PERFORMED BY PLANE, COMMERCIAL OR GOVERNMENT. HIS DEPENDENTS, WIFE AND TWO DAUGHTERS WERE AUTHORIZED TO TRAVEL WITH HIM AT GOVERNMENT EXPENSE. PER DIEM RATE OF $17 WAS AUTHORIZED WHILE TRAVELING IN ALASKA. NOVEMBER 25, 1957, MR. GLOVER WAS RELIEVED OF HIS DUTIES AT THE ANCHORAGE STATION AND WAS TO DEPART YAKATAGA BY GOVERNMENT PLANE THE FOLLOWING DAY NOVEMBER 26. THE HOUR OF SCHEDULED DEPARTURE ON NOVEMBER 26 IS NOT SHOWN. ON NOVEMBER 26 MR. GLOVER AND DEPENDENTS VACATED THEIR RESIDENCE. HOWEVER, BECAUSE OF BAD WEATHER CONDITIONS, THE CAA FLIGHT TO YAKATAGA WAS DELAYED UNTIL NOVEMBER 29, 1957. MR. GLOVER STAYED IN ANCHORAGE AT THE WESTWARD HOTEL AND CHITTLEY'S MOTEL WHILE AWAITING TRANSPORTATION ABOARD A GOVERNMENT PLANE. YOU SAY THAT THERE IS ONLY ONE COMMERCIAL FLIGHT PER WEEK FROM ANCHORAGE TO YAKATAGA VIA CORDOVA AIRLINES. THE FIRST AVAILABLE FLIGHT WOULD HAVE BEEN ON WEDNESDAY NOVEMBER 27, 1957, DEPARTING ANCHORAGE AT 10:00 A.M. AND ARRIVING AT YAKATAGA AT 3:25 P.M., PROVIDING THE COMMERCIAL FLIGHT WAS NOT GROUNDED BECAUSE OF THE WEATHER. ONE WAY FARE FROM ANCHORAGE TO YAKATAGA AT THAT TIME WAS $34 AND THE TOTAL COST TO THE GOVERNMENT FOR FARES WOULD HAVE BEEN $102 IF TRANSPORTATION HAD BEEN BY COMMERCIAL CARRIER. THE AMOUNT OF THE RECLAIM VOUCHER ($55.25) REPRESENTS PER DIEM IN LIEU OF SUBSISTENCE WHILE WAITING FOR TRANSPORTATION AT HIS HEADQUARTERS WHICH AMOUNT WAS DEDUCTED FROM HIS ORIGINAL VOUCHER.

SECTIONS 6.8 AND 6.9C, OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, REGARDING THE ALLOWANCE OF SUBSISTENCE EXPENSES, PROVIDE--

"6.8 NO ALLOWANCE AT PERMANENT DUTY STATION. PER DIEM IN LIEU OF SUBSISTENCE WILL NOT BE ALLOWED AN EMPLOYEE EITHER AT HIS PERMANENT DUTY STATION OR AT HIS PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION.

"C. 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 THE CIRCUMSTANCES SET FORTH ABOVE, RELATING TO A PERMANENT CHANGE OF STATION, THE EMPLOYEES MAY BE CONSIDERED AS HAVING MADE A CONSTRUCTIVE DEPARTURE FROM ANCHORAGE AS OF SCHEDULED HOUR OF DEPARTURE OF THE AIRPLANES. THEREFORE, THE VOUCHERS, WHICH ARE RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT. IN THAT REGARD, THE RECORD SHOULD BE CLARIFIED AS TO ACTUAL HOUR OF SCHEDULED DEPARTURE IN ORDER TO ASCERTAIN THE CORRECTNESS OF THE CLAIMS FOR PER DIEM FOR FULL DAYS ON NOVEMBER 16 AND NOVEMBER 26, PER DIEM BEING ALLOWABLE UPON A QUARTER-DAY BASIS UNDER SECTION 6.11 OF THE TRAVEL REGULATIONS.

IN THE EVENT OTHER BORDER LINE CASES ARISE WE SUGGEST THAT THEY BE FORWARDED TO OUR OFFICE FOR A DECISION.