B-140029, JUL. 23, 1959
Highlights
AT THE TIME THE POSITIONS AT COLD BAY WERE ADVERTISED IT WAS ANNOUNCED THAT A ONE-BEDROOM APARTMENT. THE APARTMENTS WERE NOT COMPLETED UNTIL MARCH 1. THE TWO EMPLOYEES WERE ASSIGNED TRANSIENT QUARTERS WITHOUT COOKING FACILITIES UPON THEIR ARRIVAL AT COLD BAY UNTIL SUCH TIME AS THE APARTMENTS BECAME AVAILABLE. MEALS WERE OBTAINED FROM THE NORTHWEST AIRLINES AT A COST OF $10 PER DAY. WAS NECESSARY FOR THE EMPLOYEES ARRIVE AT THEIR NEW HEADQUARTERS PRIOR TO THE COMPLETION OF PERMANENT QUARTERS IN ORDER TO ALLEVIATE A HAZARDOUS AIR TRAFFIC SITUATION IN THE COLD BAY AREA. THE ESTABLISHED RULE IS THAT THE EFFECTIVE DATE OF A CHANGE OF HEADQUARTERS IS THE DATE THE EMPLOYEE ARRIVES AT THE NEW STATION.
B-140029, JUL. 23, 1959
TO MR. CLEA HARWICK, AUTHORIZED CERTIFYING OFFICER, ACCOUNTING DIVISION, FEDERAL AVIATION GENCY:
ON JUNE 24, 1959, THE CHIEF, AUDIT BRANCH, ACCOUNTING DIVISION, FORWARDED HERE YOUR LETTER OF JUNE 19, 1959, REQUESTING OUR DECISION UPON THE PROPRIETY OF CERTIFYING FOR PAYMENT TRANSMITTAL RECLAIM VOUCHERS IN FAVOR OF JEROME E. LARDY AND RICHARD J. MOORE IN THE AMOUNT OF $221 EACH, REPRESENTING PER DIEM WHILE ON DUTY AT COLD BAY, ALASKA, FOR THE PERIOD FEBRUARY 12 THROUGH FEBRUARY 28, 1959.
THE RECORD SHOWS THAT TRAVEL ORDER NO. 559-4729, AUTHORIZED MR. LARDY TO TRAVEL FROM FAIRBANKS, ALASKA, TO COLD BAY FOR A PERMANENT CHANGE OF STATION WITH A LAYOVER OF TWO DAYS IN ANCHORAGE, ALASKA, FOR FAMILIARIZATION AND LIAISON VISIT WITH THE REGIONAL OFFICE. HE ARRIVED AT COLD BAY ON FEBRUARY 12, 1959. TRAVEL ORDER NO. 559-4738, AUTHORIZED MR. MOORE TO TRAVEL FROM FAIRBANKS TO COLD BAY FOR A PERMANENT CHANGE OF STATION. HE ARRIVED AT COLD BAY ON FEBRUARY 12, 1959. AT THE TIME THE POSITIONS AT COLD BAY WERE ADVERTISED IT WAS ANNOUNCED THAT A ONE-BEDROOM APARTMENT, SUITABLE FOR A BACHELOR OR MARRIED COUPLE, WOULD BE FURNISHED. HOWEVER, BECAUSE OF A DELAY IN SHIPPING CONSTRUCTION MATERIAL, THE APARTMENTS WERE NOT COMPLETED UNTIL MARCH 1, 1959. THE TWO EMPLOYEES WERE ASSIGNED TRANSIENT QUARTERS WITHOUT COOKING FACILITIES UPON THEIR ARRIVAL AT COLD BAY UNTIL SUCH TIME AS THE APARTMENTS BECAME AVAILABLE. MEALS WERE OBTAINED FROM THE NORTHWEST AIRLINES AT A COST OF $10 PER DAY. WAS NECESSARY FOR THE EMPLOYEES ARRIVE AT THEIR NEW HEADQUARTERS PRIOR TO THE COMPLETION OF PERMANENT QUARTERS IN ORDER TO ALLEVIATE A HAZARDOUS AIR TRAFFIC SITUATION IN THE COLD BAY AREA.
THE ESTABLISHED RULE IS THAT THE EFFECTIVE DATE OF A CHANGE OF HEADQUARTERS IS THE DATE THE EMPLOYEE ARRIVES AT THE NEW STATION. COMP. GEN. 285; 29 ID. 100. THE TRAVEL EXPENSE ACT OF 1949, 5 U.S.C. 836, AUTHORIZES THE ALLOWANCE OF PER DIEM TO CIVILIAN EMPLOYEES ONLY WHILE "AWAY FROM THEIR DESIGNATED POSTS OF DUTY.' FURTHERMORE, PARAGRAPH 6.8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROHIBITS PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE AT AN EMPLOYEE'S PERMANENT DUTY STATION. THERE IS NO AUTHORITY FOR AN AGENT OR OFFICER OF THE GOVERNMENT, INCLUDING OUR OFFICE, TO WAIVE ANY PROVISION OF A STATUTE OR INCUR ANY OBLIGATION WHICH WOULD RESULT IN AN EXPENDITURE OF PUBLIC FUNDS IN EXCESS OF THAT SPECIFICALLY PROVIDED BY THE STATUTE.
THEREFORE, THE VOUCHERS MAY NOT BE CERTIFIED FOR PAYMENT. THE VOUCHERS AND RELATED PAPERS ARE RETURNED.