B-141905, FEB. 23, 1960

B-141905: Feb 23, 1960

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RETURN ARE PROPER FOR PAYMENT YOU ASK WHETHER THE VOUCHER LEGALLY MAY BE CERTIFIED FOR PAYMENT. IT IS INFORMALLY UNDERSTOOD THAT HE WAS ON ANNUAL LEAVE NOVEMBER 10. YOUR LETTER SHOWS THAT THE TRAVEL WAS PERFORMED FOR THE PURPOSE OF TAKING ANNUAL LEAVE. THE EMPLOYEE WAS REQUIRED. - EVIDENTLY HE WAS FIRST NOTIFIED OF THE TEMPORARY DUTY WHILE AT SAN DIEGO. HE WAS REQUIRED TO PERFORM TEMPORARY DUTY AT LOS ANGELES. AROSE BECAUSE THE EMPLOYEE WAS IN THE AREA AT THE TIME ON ANNUAL LEAVE. THE GENERAL RULE IS THAT AN EMPLOYEE WHO PROCEEDS TO A POINT AWAY FROM HIS PERMANENT DUTY STATION ON AUTHORIZED LEAVE OF ABSENCE ASSUMES THE OBLIGATION OF RETURNING THERETO AT HIS OWN EXPENSE. 11 COMP. THE FACTS AND CIRCUMSTANCES HERE INVOLVED ARE GOVERNED BY THAT RULE.

B-141905, FEB. 23, 1960

TO MR. H. E. CONN, AUTHORIZED CERTIFYING OFFICER, BUREAU OF FINANCE, POST OFFICE DEPARTMENT:

YOUR LETTER OF JANUARY 29, 1960, REFERENCE AES:HEC:GM, TRANSMITS FOR OUR CONSIDERATION A TRAVEL VOUCHER FOR $215.75, WITH SUPPORTING PAPERS, COVERING TRAVEL EXPENSES FOR THE PERIOD NOVEMBER 10 TO DECEMBER 29, 1959, INCURRED UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED. BECAUSE OF YOUR UNCERTAINTY WHETHER THE TRAVEL EXPENSES FROM WASHINGTON, D.C. TO SAN DIEGO, CALIFORNIA, AND RETURN ARE PROPER FOR PAYMENT YOU ASK WHETHER THE VOUCHER LEGALLY MAY BE CERTIFIED FOR PAYMENT.

THE VOUCHER SHOWS THE EMPLOYEE TRAVELED ON NOVEMBER 10, 1959, A TUESDAY, BY AIR COACH (WHICH FARE HE PAID IN CASH) FROM WASHINGTON, D.C. TO SAN DIEGO, CALIFORNIA. IT IS INFORMALLY UNDERSTOOD THAT HE WAS ON ANNUAL LEAVE NOVEMBER 10. YOUR LETTER SHOWS THAT THE TRAVEL WAS PERFORMED FOR THE PURPOSE OF TAKING ANNUAL LEAVE. FURTHER, THE RECORD SHOWS THAT WHILE ON ANNUAL LEAVE IN SAN DIEGO, THE EMPLOYEE WAS REQUIRED--- EVIDENTLY HE WAS FIRST NOTIFIED OF THE TEMPORARY DUTY WHILE AT SAN DIEGO--- TO PERFORM TEMPORARY DUTY ON NOVEMBER 20, AT LOS ANGELES. ACCORDING TO THE VOUCHER HE LEFT SAN DIEGO AT 8:30 A.M. AND RETURNED THERETO AT 8:30 P.M., NOVEMBER 20, RESUMING HIS ANNUAL LEAVE STATUS. AGAIN ON DECEMBER 14, HE WAS REQUIRED TO PERFORM TEMPORARY DUTY AT LOS ANGELES. HE LEFT SAN DIEGO AT 8:30 A.M., DECEMBER 14 AND RETURNED THERETO AT 8:30 P.M., DECEMBER 19, RESUMING ANNUAL LEAVE STATUS. ON DECEMBER 29, A TUESDAY, HE PERFORMED TRAVEL, USING A GOVERNMENT TRANSPORTATION REQUEST, FROM SAN DIEGO TO HIS HEADQUARTERS FOR THE PURPOSE OF TERMINATING HIS ANNUAL LEAVE STATUS. THE RECORD SHOWS THAT THE TWO PERIODS OF TEMPORARY DUTY ON NOVEMBER 20, AND DECEMBER 14 THROUGH DECEMBER 19, AROSE BECAUSE THE EMPLOYEE WAS IN THE AREA AT THE TIME ON ANNUAL LEAVE.

THE GENERAL RULE IS THAT AN EMPLOYEE WHO PROCEEDS TO A POINT AWAY FROM HIS PERMANENT DUTY STATION ON AUTHORIZED LEAVE OF ABSENCE ASSUMES THE OBLIGATION OF RETURNING THERETO AT HIS OWN EXPENSE. 11 COMP. GEN. 336, 16 ID. 164, 481, 19 ID. 977, 30 ID. 443. THE FACTS AND CIRCUMSTANCES HERE INVOLVED ARE GOVERNED BY THAT RULE; HENCE, NO BASIS EXISTS FOR PAYMENT OF TRAVEL EXPENSES FROM WASHINGTON TO SAN DIEGO AND RETURN. THEREFORE, THE VOUCHER, WHICH TOGETHER WITH RELATED PAPERS ARE RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT. CONCERNING THE TRAVEL EXPENSES INCURRED FOR THE TWO PERIODS OF TEMPORARY DUTY, SEE 16 COMP. GEN. 481; 27 ID. 648; 30 ID. 443.