B-141516, JAN. 8, 1960

B-141516, JAN. 8, 1960

TO MR. NEAL J. PRICE:

YOUR LETTER OF DECEMBER 15, 1959, AUD:AAB:NP, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE ENCLOSED TRAVEL VOUCHER FOR $245.25 IN FAVOR OF LT. GENERAL WILLIAM E. RILEY. THAT AMOUNT COVERS CERTAIN EXPENSES AND PER DIEM IN LIEU OF SUBSISTENCE INCIDENT TO HIS TRAVEL FROM ANKARA, TURKEY, TO WASHINGTON, D.C., DURING THE PERIOD SEPTEMBER 28 TO OCTOBER 24, 1959, PURSUANT TO TRAVEL AUTHORIZATION NO. USOM/T-34 DATED AUGUST 31, 1959, AS AMENDED SEPTEMBER 14, 1959.

YOU SAY YOUR DOUBT CONCERNS THE PROPRIETY OF PAYMENT FOR 13 DAYS, OCTOBER 12 TO 24, CLAIMED AS THE PERIOD OF AUTHORIZED CONSULTATION IN WASHINGTON. IN THAT REGARD THE TRAVEL AUTHORIZATION PROVIDES "PURPOSE -- HOME LEAVE AND TRANSFER, PER ICATO-245 DATED SEPTEMBER 4, 1959," AND ,CONSULTATION--- FOUR DAYS IN ROME, ITALY, ENROUTE USA, AND SUCH TIME AS MAY BE REQUIRED WITH ICA/WASHINGTON.' NO TIME LIMIT WAS PLACED THEREIN ON THE PERIOD OF CONSULTATION IN WASHINGTON.

THE LONG ESTABLISHED RULE IS THAT A TRAVELER OR EMPLOYEE MAY NOT BE ALLOWED PER DIEM IN LIEU OF SUBSISTENCE AT A PLACE WHERE HE IS ON TEMPORARY DUTY AFTER HE HAS NOTICE THAT SUCH PLACE IS TO BE HIS PERMANENT DUTY STATION. ALSO, IF AN EMPLOYEE IS TRANSFERRED TO A PLACE WHERE HE IS NOT ON TEMPORARY DUTY, HIS POST OF DUTY CHANGES ON THE DATE HE ACTUALLY ARRIVES AT THE NEW STATION. 23 COMP. GEN. 342, 343. I.C.A. MANUAL ORDER NO. 560.2 PROVIDES IN PARAGRAPH III.G.4. THAT WHEN AN EMPLOYEE IS ORDERED TO THE UNITED STATES AND IS TRANSFERRED TO WASHINGTON THE AUTHORIZED PER DIEM FOR THE PERIOD OF CONSULTATION WILL BE ALLOWED FOR PERIODS BEFORE THE DATE OF ENTRY ON DUTY UNDER THE TRANSFER ORDERS. THE LANGUAGE OF III.G.4. WAS ADOPTED FROM AN IDENTICAL PROVISION IN THE FOREIGN SERVICE REGULATIONS, 180 FSTR 4.65C. THAT PROVISION, HOWEVER, WAS AMENDED AUGUST 12, 1959 (T.L. A-691) BY THE DEPARTMENT OF STATE TO PROVIDE THAT, WHEN THE HOME LEAVE DESTINATION SHOWN IN THE TRAVEL AUTHORIZATION IS WITHIN THE METROPOLITAN AREA OF THE POST TO WHICH THE EMPLOYEE IS TRANSFERRED, AUTHORIZED PER DIEM SHALL CEASE UPON ARRIVAL AT THE POST, AND SHALL NOT ACCRUE FOR CONSULTATION WHICH MAY BE PERFORMED AT THE POST BEFORE, DURING, OR AFTER THE PERIOD OF AUTHORIZED LEAVE. THAT AMENDMENT WAS REQUIRED SO AS TO GIVE EFFECT TO THE INTENT OF SECTION 3 OF THE TRAVEL EXPENSES ACT OF 1949, 5 U.S.C. 836, WHICH CONFINES ENTITLEMENT TO PER DIEM TO PERIODS ,WHILE TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY.' MOREOVER, THE LAW, 22 U.S.C. 1136 (1), RELATING TO HOME LEAVE AUTHORIZES PAYMENT FOR EXPENSES, INCLUDING PER DIEM,"WHILE TRAVELING.' THIS CASE, THE ACTUAL TRAVEL WAS REQUIRED ONLY TO THE HOME LEAVE AND TRANSFER POINT, AT WHICH NO FURTHER TRAVEL WAS REQUIRED UNDER THE TRAVEL ORDER FOR PURPOSES OF THE TRANSFER, HOME LEAVE, OR CONSULTATION. THE ACTUAL TRAVEL FOR THE AUTHORIZED HOME LEAVE WAS TERMINATED AT THE PERMANENT DUTY STATION WITHOUT ADDITIONAL OFFICIAL TRAVEL THEREFOR. COMPARE 31 COMP. GEN. 439, WHICH CONCERNED A CONSULTATION (TEMPORARY DUTY) ENROUTE TO THE HOME LEAVE POINT.

IN LIGHT OF THE FOREGOING FACTS, AND OF THE INTENT OF SECTION 527 (C) OF THE MUTUAL SECURITY ACT OF 1954, AS AMENDED, 22 U.S.C. 1787 (C), PERMITTING PAYMENT OF ALLOWANCES AND BENEFITS ESTABLISHED UNDER THE FOREIGN SERVICE ACT OF 1946, THE AMOUNT OF $156 REPRESENTING PER DIEM AT THE RATE OF $12 PER DAY FOR THE 13 DAYS IN QUESTION IS TO BE DEDUCTED ON THE VOUCHER. THAT VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT ONLY IN THE AMOUNT OF $89.25 ..END :