B-136741, OCT 21, 1958

B-136741: Oct 21, 1958

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WOULD HAVE BEEN AVAILABLE TO YOU ON THE MORNING OF FEBRUARY 12. GOVERNMENT AIR TRANSPORTATION WAS NOT AVAILABLE UNTIL FEBRUARY 15. WHICH WERE IN EFFECT AT THE TIME THE TRAVEL IN QUESTION WAS PERFORMED. PROVIDED AS FOLLOWS: "WHERE FOR TRAVELER'S PERSONAL CONVENIENCE OR THROUGH THE TAKING OF LEAVE THERE IS INTERRUPTION OF TRAVEL OR DEVIATION FROM THE DIRECT ROUTE. THE PER DIEM IN LIEU OF SUBSISTENCE ALLOWED WILL NOT EXCEED THAT WHICH WOULD HAVE BEEN INCURRED ON UNINTERRUPTED TRAVEL BY A NORMALLY TRAVELED ROUTE.". AN EMPLOYEE WHO INTERRUPTS HIS TRAVEL FOR HIS OWN CONVENIENCE IS ENTITLED TO ONLY THOSE TRAVELING EXPENSES WHICH HE WOULD HAVE INCURRED ON UNINTERRUPTED TRAVEL. IN THE AMOUNT OF $24.75 IS SUSTAINED.

B-136741, OCT 21, 1958

PRECIS-UNAVAILABLE

MR. BERNARD PONISCHIL:

YOUR LETTER OF FEBRUARY 1, 1958, REQUESTS REVIEW OF OUR SETTLEMENT OF OCTOBER 25, 1956, WHICH DISALLOWED 24.75 AND ALLOWED 172.69 OF YOUR CLAIM FOR 197.44, REPRESENTING PER DIEM FOR THE PERIOD FEBRUARY 1 TO 15, 1955, AND MISCELLANEOUS EXPENSES INCURRED WHILE TRAVELING DURING THE PERIOD MAY 27, 1954, TO FEBRUARY 15, 1955, AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY. IN ADDITION, YOUR LETTER REQUESTS REVIEW OF OUR SETTLEMENT OF AUGUST 9, 1957, WHICH ALLOWED YOU $80.84 BUT DISALLOWED YOUR CLAIM FOR $5 REPRESENTING A TAXICAB FARE FROM INTERNATIONAL AIRPORT, SEATTLE-TACOMA, WASHINGTON, TO COLEMAN DOCK, SEATTLE, WASHINGTON, ON DECEMBER 20, 1955, WHILE IN A TRAVEL STATUS AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY.

CONCERNING THE $24.75 DISALLOWED BY OUR SETTLEMENT OF OCTOBER 25, THAT AMOUNT REPRESENTS PER DIEM FOR FEBRUARY 13, 14 AND 3/4 OF 15, 1955. THE RECORD DISCLOSES THAT YOU ARRIVED AT SAN FRANCISCO, CALIFORNIA, AT 12:15 A.M., FEBRUARY 11, 1955. THE ADMINISTRATIVE REPORT SAYS THAT IF YOU HAD REPORTED TO THE TWELFTH NAVAL DISTRICT PRIOR TO 4:30 P.M. ON THAT DATE, GOVERNMENT AIR TRANSPORTATION TO WHIDBAY ISLAND, WASHINGTON, WOULD HAVE BEEN AVAILABLE TO YOU ON THE MORNING OF FEBRUARY 12. MOREOVER, SINCE YOU APPARENTLY DID NOT CONTACT THE TWELFTH NAVAL DISTRICT UNTIL SUBSEQUENT TO 4:30 P.M. ON FEBRUARY 11, GOVERNMENT AIR TRANSPORTATION WAS NOT AVAILABLE UNTIL FEBRUARY 15.

PARAGRAPH 49 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED AUGUST 1, 1952, WHICH WERE IN EFFECT AT THE TIME THE TRAVEL IN QUESTION WAS PERFORMED, PROVIDED AS FOLLOWS:

"WHERE FOR TRAVELER'S PERSONAL CONVENIENCE OR THROUGH THE TAKING OF LEAVE THERE IS INTERRUPTION OF TRAVEL OR DEVIATION FROM THE DIRECT ROUTE, THE PER DIEM IN LIEU OF SUBSISTENCE ALLOWED WILL NOT EXCEED THAT WHICH WOULD HAVE BEEN INCURRED ON UNINTERRUPTED TRAVEL BY A NORMALLY TRAVELED ROUTE."

UNDER THESE PROVISIONS OF THE REGULATIONS, AN EMPLOYEE WHO INTERRUPTS HIS TRAVEL FOR HIS OWN CONVENIENCE IS ENTITLED TO ONLY THOSE TRAVELING EXPENSES WHICH HE WOULD HAVE INCURRED ON UNINTERRUPTED TRAVEL. THEREFORE, SINCE WE MUST ASSUME FROM THE PRESENT RECORD THAT YOU DID INTERRUPT YOUR TRAVEL FOR YOUR PERSONAL CONVENIENCE, THAT PART OF OUR SETTLEMENT OF OCTOBER 25 WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR FEBRUARY 13, 14 AND 3/4 OF 15, 1955, IN THE AMOUNT OF $24.75 IS SUSTAINED.

WITH RESPECT TO THE $172.69 WHICH WAS ALLOWED BY OUR SETTLEMENT OF OCTOBER 25 THAT AMOUNT WAS SETOFF IN THE AFORE QUESTIONED SETTLEMENT AS PARTIAL LIQUIDATION OF AN AMOUNT DUE THE UNITED STATES BECAUSE OF OVERPAYMENTS ON PREVIOUS VOUCHERS. THE OVERPAYMENTS, IN THE AMOUNT OF $363, WERE DUE TO OVERPAYMENTS OF PER DIEM FOR 121 DAYS DURING THE PERIOD OCTOBER 1, 1954, TO JANUARY 31, 1955, BECAUSE NO DEDUCTIONS WERE MADE FOR QUARTERS FURNISHED TO YOU DURING THAT PERIOD AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY. YOU CONTEND THAT YOU PAID APPROXIMATELY $80 FOR QUARTERS AND $8 FOR A LINEN FEE DURING THE PERIOD INVOLVED, ON THE BASIS OF $20 A MONTH FOR QUARTERS AND $2 A MONTH FOR A LINEN FEE, AND THEREFORE, NO DEDUCTION SHOULD BE MADE FROM YOUR PER DIEM FOR THE QUARTERS WHICH WERE FURNISHED TO YOU DURING THAT PERIOD.

PARAGRAPH 5 OF YOUR ORDERS OF APRIL 9, 1954, PROVIDES IN PERTINENT PART AS FOLLOWS:

"PER DIEM WILL BE IN STRICT ACCORDANCE WITH *** NGPI 240.8-4B AS AMENDED BY NAVORD INSTRUCTION 5450.3 SUP 1 OF 2 MAR 54 FOR TRAVEL OUTSIDE THE UNITED STATES."

PARAGRAPH 4 OF NAVORD INSTRUCTION 5450.3 SUP 1 OF MARCH 2, 1954, PROVIDES AS FOLLOWS:

"UNLESS OTHERWISE DIRECTED BY THE BUREAU OF ORDNANCE, THE PER DIEM RATES AUTHORIZED IN NGPI 240.8-4.B (1) WILL BE REDUCED BY THREE ($3.00) DOLLARS PER DIEM WHEN QUARTERS AT A FACILITY UNDER GOVERNMENT CONTROL OR SUPERVISION ARE USED BY THE EMPLOYEE."

THEREFORE, SINCE YOU USED QUARTERS UNDER GOVERNMENT CONTROL OR SUPERVISION, AND SINCE THE REGULATIONS DID NOT PROVIDE THAT WHEN A CHARGE IS MADE FOR THE USE OF SUCH QUARTERS NO DEDUCTION OF PER DIEM SHALL BE MADE, YOUR PER DIEM PROPERLY SHOULD HAVE BEEN REDUCED BY $3 PER DAY FOR 121 DAYS DURING THE PERIOD OCTOBER 1, 1954, TO JANUARY 31, 1955. FOLLOWS THAT THE SETOFF OF $172.69 TO PARTIALLY LIQUIDATE THE AMOUNT DUE THE UNITED STATES WAS PROPER AND IS SUSTAINED.

REGARDING YOUR CLAIM FOR $5 REPRESENTING A TAXICAB FARE FROM INTERNATIONAL AIRPORT, SEATTLE-TACOMA, WASHINGTON, TO COLEMAN DOCK, SEATTLE, WASHINGTON, ON DECEMBER 20, 1955, PAYMENT OF THE CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF AUGUST 9, 1957, BECAUSE YOU FAILED TO FURNISH A RECEIPT. HOWEVER, IN VIEW OF THE ADDITIONAL INFORMATION SUBMITTED IN YOUR LETTER OF FEBRUARY 1, 1958, IT NOW APPEARS THAT IT WAS NOT PRACTICABLE FOR YOU TO OBTAIN A RECEIPT, AND THEREFORE THE CLAIM PROPERLY IS FOR ALLOWANCE.

ACCORDINGLY, WE ARE THIS DATE INSTRUCTING OUR CLAIMS DIVISION TO ALLOW YOUR CLAIM FOR TAXICAB FARE IN THE AMOUNT OF $5, TO BE SETOFF AS PARTIAL LIQUIDATION OF THE AMOUNT DUE THE UNITED STATES BECAUSE OF OVERPAYMENTS ON PREVIOUS VOUCHERS.

YOUR CLAIM FOR 88 HOURS ANNUAL LEAVE ALLEGED TO HAVE BEEN EARNED WHILE AN EMPLOYEE AT THE NAVAL AMMUNITION DEPOT, BANGOR, WASHINGTON, IN 1954, WHICH IS INCLUDED IN YOUR LETTER OF FEBRUARY 1, 1958, IS UNDER CONSIDERATION BY OUR CLAIMS DIVISION, AND YOU WILL BE NOTIFIED WHEN FINAL ACTION HAS BEEN TAKEN THEREON.