B-143522, JUL. 26, 1960

B-143522: Jul 26, 1960

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UNDER WHICH SUCH TRAVEL WAS PERFORMED AUTHORIZED MILEAGE AT 8 CENTS PER MILE ONLY IF YOU PERFORMED THE TRAVEL WITH YOUR FAMILY AND LIMITED MILEAGE TO 4 CENTS PER MILE IF YOU TRAVELED ALONE. SINCE YOU TRAVELED ALONE THE MAXIMUM RATE AT WHICH YOU WERE ENTITLED TO REIMBURSEMENT UNDER SECTION 3.5B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WAS 4 CENTS PER MILE. THE ACTION OF THE AGENCY CONCERNED IN COLLECTING THE DIFFERENCE BETWEEN YOUR ORIGINAL REIMBURSEMENT AT THE 8 CENT PER MILE RATE AND THE AUTHORIZED 4 CENT PER MILE RATE WAS NECESSARY BECAUSE AN EMPLOYEE HAS NO RIGHT TO RETAIN PAYMENTS IN EXCESS OF THOSE AUTHORIZED. THAT COLLECTION ACTION WAS TAKEN BECAUSE IT WAS ADMINISTRATIVELY DETERMINED YOU HAD COMPLETED YOUR DUTIES AT LOVELOCK ON FRIDAY.

B-143522, JUL. 26, 1960

TO MR. PHIL B. SHUEY:

ON JUNE 29, 1960, YOU, IN EFFECT, REQUESTED REVIEW OF OUR SETTLEMENT OF JUNE 10, 1960, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PAYMENTS OF PER DIEM AND MILEAGE FOR YOUR TRAVEL FOR THE DEPARTMENT OF AGRICULTURE, COMMODITY STABILIZATION SERVICE, INTERNAL AUDIT DIVISION FIELD OFFICE, SAN FRANCISCO, CALIFORNIA.

THE COMMODITY STABILIZATION SERVICE REIMBURSED YOU 8 CENTS PER MILE FOR YOUR TRAVEL FROM COLORADO SPRINGS, COLORADO, TO SAN FRANCISCO CONCERNING YOUR TRANSFER BETWEEN THOSE PLACES IN FEBRUARY 1958. TRAVEL AUTHORIZATION NO. AU-SFO-58-34, FEBRUARY 12, 1958, UNDER WHICH SUCH TRAVEL WAS PERFORMED AUTHORIZED MILEAGE AT 8 CENTS PER MILE ONLY IF YOU PERFORMED THE TRAVEL WITH YOUR FAMILY AND LIMITED MILEAGE TO 4 CENTS PER MILE IF YOU TRAVELED ALONE. SINCE YOU TRAVELED ALONE THE MAXIMUM RATE AT WHICH YOU WERE ENTITLED TO REIMBURSEMENT UNDER SECTION 3.5B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WAS 4 CENTS PER MILE. THEREFORE, THE ACTION OF THE AGENCY CONCERNED IN COLLECTING THE DIFFERENCE BETWEEN YOUR ORIGINAL REIMBURSEMENT AT THE 8 CENT PER MILE RATE AND THE AUTHORIZED 4 CENT PER MILE RATE WAS NECESSARY BECAUSE AN EMPLOYEE HAS NO RIGHT TO RETAIN PAYMENTS IN EXCESS OF THOSE AUTHORIZED.

THE COMMODITY STABILIZATION SERVICE ALSO REIMBURSED YOU PER DIEM AT $12 PER DAY FOR JUNE 27 AND 28, 1959, FOR YOUR TEMPORARY DUTY AT LOVELOCK, NEVADA, BUT COLLECTED $18 OF THAT PAYMENT BY DEDUCTION FROM YOUR VOUCHER FOR SEPTEMBER 1959. THAT COLLECTION ACTION WAS TAKEN BECAUSE IT WAS ADMINISTRATIVELY DETERMINED YOU HAD COMPLETED YOUR DUTIES AT LOVELOCK ON FRIDAY, JUNE 26, 1959, AND THAT YOU COULD HAVE RETURNED TO YOUR HEADQUARTERS AT SAN FRANCISCO BY THE END OF THE SECOND QUARTER DAY OF JUNE 27 BUT FOR THE FACT THAT YOU TOOK ANNUAL LEAVE IN COLORADO SPRINGS BEGINNING MONDAY, JUNE 29. SINCE AN EMPLOYEE IS REQUIRED TO RETURN TO HIS HEADQUARTERS DIRECTLY AFTER COMPLETING HIS TEMPORARY DUTY EVEN THOUGH SUCH RETURN MAY NECESSITATE TRAVEL ON NONWORKDAYS--- 31 COMP. GEN. 278; B- 138856, APRIL 29, 1959, COPY ENCLOSED--- YOU WERE ALLOWED CONSTRUCTIVE PER DIEM TO THE TIME YOU WOULD HAVE ARRIVED AT YOUR HEADQUARTERS HAD YOU COMPLIED WITH SUCH REQUIREMENT. IN VIEW OF SECTION 1.2 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDING THAT THE REIMBURSEMENT OF TRAVELING EXPENSES IS "* * * CONFINED TO THOSE EXPENSES ESSENTIAL TO THE TRANSACTING OF THE OFFICIAL BUSINESS" THE AGENCY CONCERNED HAD NO AUTHORITY TO CONTINUE YOUR PER DIEM BEYOND THE TIME YOU WOULD HAVE RETURNED TO YOUR HEADQUARTERS HAD YOU RETURNED AFTER YOUR TEMPORARY DUTY WAS COMPLETED.

FOR THE REASONS STATED, OUR SETTLEMENT OF JUNE 10, 1960, DISALLOWING YOUR CLAIM FOR ADDITIONAL REIMBURSEMENT OF MILEAGE AND PER DIEM IS SUSTAINED.