B-143824, SEP. 20, 1960

B-143824: Sep 20, 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. YOU ARE NOT ENTITLED TO PAYMENT OF ADDITIONAL PER DIEM FOR THE PRECEDING QUARTER. YOU HAVE BEEN PAID ALL THE PER DIEM ALLOWANCE TO WHICH YOU ARE ENTITLED. THE DISALLOWANCE OF YOUR CLAIM FOR ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE WAS PROPER. THE SETTLEMENT IS SUSTAINED.

B-143824, SEP. 20, 1960

TO MR. PHILIP R. WHEELER:

YOUR LETTER OF AUGUST 12, 1960, RELATES TO OUR OFFICE SETTLEMENT OF AUGUST 3, 1960, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM IN LIEU OF SUBSISTENCE FOR AN ADDITIONAL ONE-QUARTER OF A CALENDAR DAY.

THE RECORD SHOWS YOU LEFT YOUR OFFICIAL STATION FOR A PERIOD OF TEMPORARY DUTY AT 6:00 P.M., ON APRIL 18, 1960, AND RETURNED AT 8:40 P.M., ON APRIL 22, 1960. YOU RECEIVED PAYMENT OF $46.75 FOR PER DIEM BASED UPON A CONTINUOUS TRAVEL STATUS FOR 4 1/4 DAYS AT THE AUTHORIZED PER DIEM RATE OF $11 PER DAY. YOU NOW CLAIM PER DIEM FOR AN ADDITIONAL 1/4 DAY ON APRIL 18, 1960, SINCE YOU BELIEVE 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 REGULATION 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.

SINCE YOU COMMENCED YOUR TRAVEL AT EXACTLY 6:00 P.M., THE BEGINNING OF THE LAST QUARTER OF THE CALENDAR DAY, YOU ARE NOT ENTITLED TO PAYMENT OF ADDITIONAL PER DIEM FOR THE PRECEDING QUARTER; THUS, YOU HAVE BEEN PAID ALL THE PER DIEM ALLOWANCE TO WHICH YOU ARE ENTITLED.

THEREFORE, THE DISALLOWANCE OF YOUR CLAIM FOR ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE WAS PROPER, AND, UPON REVIEW, THE SETTLEMENT IS SUSTAINED.