B-138037, DEC 23, 1958

B-138037: Dec 23, 1958

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1958 (SATURDAY AND SUNDAY) WAS BASED UPON THE FACT THE TRAVELER WAS EN ROUTE FROM ONE DUTY STATION TO ANOTHER AND THE DELAY AT CASPER. FOR THE WEEKEND WAS NOT FOR OFFICIAL BUSINESS. TRANSPORTATION EXPENSES OF $90.05 FOR THE EMPLOYEE'S MOTHER WERE SUSPENDED UPON THE BASIS THAT THE TRAVEL WAS PERFORMED IN ADVANCE OF THE ISSUANCE OF AN AUTHORIZATION FOR THE TRAVEL - OUR DECISION OF JUNE 22. IS 2. PERMITS A MAXIMUM OF EIGHT DAYS' TRAVEL TIME (HE WAS PAID FOR EIGHT DAYS' TRAVEL TIME ON HIS ORIGINAL TRAVEL VOUCHER). HE BELIEVES THAT SINCE HIS TRAVEL WAS NOT COMPLETED UNTIL JULY 3. THAT SECTION OF THE REGULATIONS PROVIDES FOR THE ALLOWANCE OF ACTUAL SUBSISTENCE EXPENSES AND IS NOT FOR APPLICATION WHEN A SPECIFIC PER DIEM IN LIEU OF SUBSISTENCE IS AUTHORIZED IN TRAVEL ORDERS.

B-138037, DEC 23, 1958

PRECIS-UNAVAILABLE

CLARA D. MOBLE, OFFICE OF CIVIL AND DEFENSE MOBILIZATION:

YOUR LETTER OF NOVEMBER 26, 1958, REQUESTS OUR DECISION WHETHER AN ENCLOSED RECLAIM VOUCHER FOR AMOUNTS ADMINISTRATIVELY SUSPENDED FROM A PRIOR TRAVEL VOUCHER MAY BE CERTIFIED FOR PAYMENT.

THE SUSPENSIONS TOTALING $114.05 CONSIST OF THE FOLLOWING ITEMS: PER DIEM FOR $24 SUSPENDED FOR JUNE 28 AND 29, 1958 (SATURDAY AND SUNDAY) WAS BASED UPON THE FACT THE TRAVELER WAS EN ROUTE FROM ONE DUTY STATION TO ANOTHER AND THE DELAY AT CASPER, WYOMING, FOR THE WEEKEND WAS NOT FOR OFFICIAL BUSINESS; TRANSPORTATION EXPENSES OF $90.05 FOR THE EMPLOYEE'S MOTHER WERE SUSPENDED UPON THE BASIS THAT THE TRAVEL WAS PERFORMED IN ADVANCE OF THE ISSUANCE OF AN AUTHORIZATION FOR THE TRAVEL - OUR DECISION OF JUNE 22, 1948, B-76587, BEING CITED AS THE AUTHORITY FOR THAT SUSPENSION.

IN REPLY TO THE PER DIEM SUSPENSION THE EMPLOYEE SAYS HE DID NOT CLAIM EXCESS TRAVEL TIME SINCE THE OFFICIAL MILEAGE DISTANCE FROM SANTA ROSA, CALIFORNIA, TO BATTLE CREEK, MICHIGAN, IS 2,358 MILES WHICH UPON THE BASIS OF TRAVELING 300 MILES PER DAY, PERMITS A MAXIMUM OF EIGHT DAYS' TRAVEL TIME (HE WAS PAID FOR EIGHT DAYS' TRAVEL TIME ON HIS ORIGINAL TRAVEL VOUCHER). HOWEVER, HE BELIEVES THAT SINCE HIS TRAVEL WAS NOT COMPLETED UNTIL JULY 3, 1958, HE SHOULD BE CONSIDERED IN A DUTY STATUS FOR JUNE 28 AND 29 AND, THEREFORE, ENTITLED TO SUBSISTENCE UNDER SECTION 6.12D(3) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. THAT SECTION OF THE REGULATIONS PROVIDES FOR THE ALLOWANCE OF ACTUAL SUBSISTENCE EXPENSES AND IS NOT FOR APPLICATION WHEN A SPECIFIC PER DIEM IN LIEU OF SUBSISTENCE IS AUTHORIZED IN TRAVEL ORDERS.

HERE, THE TRAVEL ORDERS AUTHORIZED THE EMPLOYEE A PER DIEM RATE OF $12 IN LIEU OF SUBSISTENCE EXPENSES. THEREFORE, HIS PER DIEM FOR THE TWO DAY WEEKEND DELAY IS GOVERNED BY SECTION 6.10 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. THAT SECTION READS AS FOLLOWS:

"INDIRECT-ROUTE OR INTERRUPTED TRAVEL. - 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 USUALLY TRAVELED ROUTE."

SINCE THE EMPLOYEE WAS PAID ON HIS ORIGINAL TRAVEL VOUCHER PER DIEM FOR THE EIGHT DAYS HE ACTUALLY SPENT IN TRAVELING TO HIS NEW DUTY STATION, HE IS NOT ENTITLED TO PER DIEM FOR SATURDAY AND SUNDAY (JUNE 28 AND 29, 1958), THE DAYS HIS TRAVEL WAS INTERRUPTED FOR PERSONAL CONVENIENCE. THEREFORE, THIS ITEM ON THE RECLAIM VOUCHER MAY NOT BE PROCESSED FOR PAYMENT. SEE OUR DECISION 31 COMP. GEN. 278 CONCERNING TRAVEL ON NONWORKDAYS.

IN REPLY TO THE SUSPENSION OF THE TRANSPORTATION EXPENSES FOR HIS MOTHER, THE EMPLOYEE SAYS HIS ORIGINAL TRANSFER TO BATTLE CREEK WAS TO HAVE BEEN MADE IN MARCH 1958 DURING HIS DETAIL. IN PREPARATION FOR THE TRANSFER HIS MOTHER, LAURA MCINTIRE, WAS RETURNED TO DETROIT, MICHIGAN (APPARENTLY IN APRIL 1958) FOR TEMPORARY RESIDENCE. HE FURTHER SAYS THAT SUBSEQUENT ADMINISTRATIVE DECISION BY MR. QUINDLEN, AFTER DISCUSSION WITH REGION 7 AND HIMSELF, DELAYED HIS TRANSFER TO JUNE. HIS AUTHORIZATION FOR OFFICIAL TRAVEL WAS DATED MAY 19, 1958.

OUR DECISION B-76587, JUNE 22, 1948, 27 COMP. GEN. 770, CITED AS THE AUTHORITY FOR THE TRANSPORTATION SUSPENSION, WAS RENDERED PRIOR TO THE AMENDMENT OF SECTION 1 OF THE ADMINISTRATIVE EXPENSE ACT OF 1946, 60 STAT. 806, BY PUBLIC LAW 830, APPROVED SEPTEMBER 23, 1950, 64 STAT. 985. THE AMENDED ACT, 5 U.S.C. 73B-1, NOW PROVIDES FOR THE ALLOWANCE OF THE EXPENSES OF TRAVEL OF EMPLOYEES AND THE TRANSPORTATION EXPENSES OF THEIR IMMEDIATE FAMILIES AND HOUSEHOLD EFFECTS UPON TRANSFER OF STATION WHEN AUTHORIZED OR APPROVED. ALSO, SEE SECTION 3 OF EXECUTIVE ORDER NO. 9885 AND SECTION 2.1 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. GENERALLY, A TRAVEL ORDER SUBSEQUENTLY ISSUED MAY CONSTITUTE AN APPROVAL OF ADVANCE TRAVEL. THEREFORE, IF AN ADMINISTRATIVE DETERMINATION IS MADE THAT THE TRAVEL OF THE EMPLOYEE'S MOTHER WAS IN ANTICIPATION OF THE EMPLOYEE'S TRANSFER TO HIS NEW OFFICIAL PERMANENT DUTY STATION, HER TRANSPORTATION EXPENSES MAY BE PAID AS AUTHORIZED IN THE TRAVEL ORDER ISSUED TO THE EMPLOYEE SUBSEQUENT TO HIS MOTHER'S TRAVEL.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IN THE PROPER AMOUNT FOUND DUE IN ACCORDANCE WITH THE HOLDING HEREIN.