B-142816, JUN. 1, 1960

B-142816: Jun 1, 1960

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YOUR CLAIM FOR PER DIEM IN LIEU OF SUBSISTENCE COVERING THAT PART OF YOUR JOURNEY WAS DISALLOWED BECAUSE FOR PER DIEM SUBSISTENCE PURPOSES THE TIME OF DEPARTURE IS REGARDED AS THE HOUR AT WHICH THE CARRIER IS SCHEDULED TO LEAVE ITS TERMINAL WHETHER LOCATED WITHIN OR WITHOUT THE OFFICIAL STATION. YOU WERE ADVISED BY OUR SETTLEMENT THAT INASMUCH AS YOUR FLIGHT LEFT FRIENDSHIP AIRPORT AT12:05 P.M. YOU INFORM US ALSO THAT YOUR CLAIM IS BASED ON A "2 MODE OF TRAVEL WHICH MEANS THE TIME OF PER DIEM BEGINS WITH THE FIRST MODE OF TRAVEL.'. WHICH WAS IN EFFECT AT THE TIME OF TRAVEL. OR OTHER CONVEYANCE USED BY THE EMPLOYEE IS SCHEDULED TO LEAVE FROM. OUR OFFICE WAS HELD THAT IT RESTRICTS THE COMMENCEMENT OF PER DIEM IN LIEU OF SUBSISTENCE TO THE SCHEDULED TIME OF DEPARTURE FROM.

B-142816, JUN. 1, 1960

TO MR. MAURICE E. WRIGHT:

YOUR MEMORANDUM DATED APRIL 26, 1960, REQUESTS RECONSIDERATION OF OUR OFFICE SETTLEMENT DATED APRIL 20, 1960, WHICH DISALLOWED PAYMENT OF $3 COVERING ONE-FOURTH DAY'S PER DIEM IN LIEU OF SUBSISTENCE ON JANUARY 4, 1960, CLAIMED BY YOU AS COVERING THE TIME OF TRAVEL BY PRIVATELY OWNED AUTOMOBILE FROM YOUR OFFICE IN WASHINGTON, D.C. TO FRIENDSHIP AIRPORT, INCIDENT TO A TRIP TO LOS ANGELES, CALIFORNIA, AND RETURN DURING THE PERIOD JANUARY 4 TO JANUARY 8, 1960.

THE RECORD SHOWS THAT ON JANUARY 4, 1960, YOU LEFT YOUR OFFICE AT 10:10 A.M. AND BY PRIVATE AUTOMOBILE PROCEEDED TO FRIENDSHIP AIRPORT WHERE YOU ENPLANED AT 12:05 P.M. YOUR CLAIM FOR PER DIEM IN LIEU OF SUBSISTENCE COVERING THAT PART OF YOUR JOURNEY WAS DISALLOWED BECAUSE FOR PER DIEM SUBSISTENCE PURPOSES THE TIME OF DEPARTURE IS REGARDED AS THE HOUR AT WHICH THE CARRIER IS SCHEDULED TO LEAVE ITS TERMINAL WHETHER LOCATED WITHIN OR WITHOUT THE OFFICIAL STATION. YOU WERE ADVISED BY OUR SETTLEMENT THAT INASMUCH AS YOUR FLIGHT LEFT FRIENDSHIP AIRPORT AT12:05 P.M., THERE EXISTS NO AUTHORITY FOR PAYMENT OF PER DIEM PRIOR TO THAT TIME, CITING 38 COMP. GEN. 511.

IN YOUR MEMORANDUM YOU INFORM US THAT YOU DO NOT BELIEVE "STATING "TRAVEL BEGINS AT AIRPLANE TAKE-OFF" ANSWERS (YOUR) QUESTIONS * * *.' YOU INFORM US ALSO THAT YOUR CLAIM IS BASED ON A "2 MODE OF TRAVEL WHICH MEANS THE TIME OF PER DIEM BEGINS WITH THE FIRST MODE OF TRAVEL.'

SECTION 6.9C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED AUGUST 1, 1959, WHICH WAS IN EFFECT AT THE TIME OF TRAVEL, PROVIDED IN PERTINENT PART AS FOLLOWS:

"THE TIME OF DEPARTURE FROM, OR ARRIVAL AT A PLACE SHALL BE REGARDED AS THE HOUR AT WHICH THE TRAIN, AIRPLANE, BOAT, OR OTHER CONVEYANCE USED BY THE EMPLOYEE IS SCHEDULED TO LEAVE FROM, OR ACTUALLY ARRIVES AT, ITS TERMINAL, WHETHER LOCATED WITHIN OR BEYOND THE OFFICIAL STATION. * * *.'

IN CONSTRUING THAT SECTION, OUR OFFICE WAS HELD THAT IT RESTRICTS THE COMMENCEMENT OF PER DIEM IN LIEU OF SUBSISTENCE TO THE SCHEDULED TIME OF DEPARTURE FROM, THE REGULAR TERMINAL OF THE TRAIN, BOAT, OR OTHER CONVEYANCE USED BY THE TRAVELER IRRESPECTIVE OF WHETHER THE TERMINAL IS WITHIN OR OUTSIDE THE HEADQUARTERS OF THE EMPLOYEE. OUR OFFICE RECOGNIZED THAT UNDER THE REGULATIONS THE DEPARTURE TIME FOR PER DIEM PURPOSES COULD BE DIFFERENT DEPENDING UPON THE MODE OF TRANSPORTATION USED BY AN EMPLOYEE BETWEEN HIS HOME OR OFFICE AND THE COMMON CARRIER TERMINAL AND THAT THE ,2 -MODE OF TRAVEL" CONCEPT REFERRED TO BY YOU MIGHT WELL BE FOR APPLICATION IN SPECIFIC SITUATIONS. HOWEVER, WE DID NOT VIEW THE FACTS OF YOUR CASE AS BEING SUCH AS TO WARRANT APPLICATION OF THAT CONCEPT. THE MATTER HAS BEEN CLARIFIED TO A CONSIDERABLE DEGREE BY THE REVISION OF SECTION 6.9C OF THE TRAVEL REGULATIONS, EFFECTIVE MAY 1, 1960. SEE BUREAU OF THE BUDGET CIRCULAR A-7, REVISED, TRANSMITTAL MEMORANDUM NO. 13.

WE FIND NO PROPER BASIS FOR PAYMENT OF THE ONE-FOURTH DAY'S PER DIEM IN LIEU OF SUBSISTENCE AS CLAIMED BY YOU AND, THEREFORE, OUR SETTLEMENT DATED APRIL 20, 1960, WAS CORRECT. UPON REVIEW IT MUST BE, AND IS, SUSTAINED.