B-142918, JUN. 1, 1960

B-142918: Jun 1, 1960

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THE CALENDAR DAY (MIDNIGHT TO MIDNIGHT) WILL BE THE UNIT. ONE-FOURTH OF THE RATE FOR A CALENDAR DAY WILL BE ALLOWED FOR EACH PERIOD OF 6 HOURS OR FRACTION THEREOF. * * *" UNDER THE REGULATIONS "MIDNIGHT" MAY NOT BE CONSTRUED AS A PERIOD OF TIME BETWEEN STATED HOURS OF A DAY SO AS TO EXCLUDE IT FROM THE COMMENCEMENT OF TRAVEL AND INCLUDE IT UPON TERMINATION THEREOF. HE IS NOT ENTITLED TO PAYMENT OF ADDITIONAL PER DIEM FOR THE PRECEDING QUARTER AND HAS BEEN PAID ALL THE PER DIEM ALLOWANCE TO WHICH HE IS ENTITLED. IS RETURNED.

B-142918, JUN. 1, 1960

TO MR. ARTHUR A. KICSAR, AUTHORIZED CERTIFYING OFFICER, SECURITIES AND EXCHANGE COMMISSION:

YOUR LETTER OF MAY 11, 1960, REQUESTS OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT THE TRANSMITTED VOUCHER, COVERING PER DIEM IN LIEU OF SUBSISTENCE DUE MR. JAMES A. SWINK, AN EMPLOYEE OF THE SECURITIES AND EXCHANGE COMMISSION FOR AN ADDITIONAL ONE-QUARTER OF A CALENDAR DAY.

THE RECORD SHOWS MR. SWINK DEPARTED FROM HIS HEADQUARTERS AT WASHINGTON, D.C., AT 6 P.M., APRIL 11, 1960, IN AN OFFICIAL TRAVEL STATUS, RETURNING TO WASHINGTON AT 8:10 P.M., APRIL 15, 1960. HE RECEIVED PAYMENT OF $51 FOR PER DIEM BASED UPON HIS BEING IN A CONTINUOUS TRAVEL STATUS FOR 4 1/4 DAYS AT THE AUTHORIZED PER DIEM RATE OF $12 PER DAY. MR. WINK NOW CLAIMS PER DIEM FOR AN ADDITIONAL 1/4 DAY SINCE HE BELIEVES THE CALENDAR DAY FROM MIDNIGHT TO MIDNIGHT AS DEFINED IN SECTION 6.11 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS INTENDS THAT PER DIEM FOR CONTINUOUS TRAVEL OF 24 HOURS OR MORE COMMENCES AT 12:01 A.M. AND CONTINUES TO AND INCLUDING THE FOLLOWING MIDNIGHT AND TRAVEL COMMENCING AT MIDNIGHT WOULD THEREFORE BE FOR INCLUSION WITHIN THE LAST QUARTER OF THE PRECEDING DAY.

PARAGRAPH 6.11 OF THE REGULATIONS PROVIDES IN PART AS FOLLOWS:

"IN COMPUTING THE PER DIEM IN LIEU OF SUBSISTENCE FOR CONTINUOUS TRAVEL OF MORE THAN 24 HOURS, THE CALENDAR DAY (MIDNIGHT TO MIDNIGHT) WILL BE THE UNIT, AND FOR FRACTIONAL PARTS OF A DAY AT THE COMMENCEMENT OR ENDING OF SUCH CONTINUOUS TRAVEL, CONSTITUTING A TRAVEL PERIOD, ONE-FOURTH OF THE RATE FOR A CALENDAR DAY WILL BE ALLOWED FOR EACH PERIOD OF 6 HOURS OR FRACTION THEREOF. * * *"

UNDER THE REGULATIONS "MIDNIGHT" MAY NOT BE CONSTRUED AS A PERIOD OF TIME BETWEEN STATED HOURS OF A DAY SO AS TO EXCLUDE IT FROM THE COMMENCEMENT OF TRAVEL AND INCLUDE IT UPON TERMINATION THEREOF, BUT FOR PURPOSES OF COMPUTING PER DIEM "MIDNIGHT" AS WELL AS THE OTHER HOURS MARKING THE QUARTERLY DIVISIONS OF A CALENDAR DAY CONSISTING OF SIX HOURS EACH, CONSTITUTE BOTH THE COMMENCEMENT OF THE FOLLOWING CALENDAR DAY OR QUARTER AND THE TERMINATION OF THE PRECEDING DAY OR QUARTER. COMPARE 18 COMP. GEN. 319.

THEREFORE, SINCE THE EMPLOYEE COMMENCED HIS TRAVEL AT EXACTLY 6 P.M., THE BEGINNING OF THE LAST QUARTER OF THE CALENDAR DAY, HE IS NOT ENTITLED TO PAYMENT OF ADDITIONAL PER DIEM FOR THE PRECEDING QUARTER AND HAS BEEN PAID ALL THE PER DIEM ALLOWANCE TO WHICH HE IS ENTITLED.

THE VOUCHER, WHICH, TOGETHER WITH RELATED PAPERS, IS RETURNED, MAY NOT BE CERTIFIED FOR PAYMENT.