B-144149, OCT. 17, 1960

B-144149: Oct 17, 1960

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THE EMPLOYEE WAS AUTHORIZED TO TRAVEL BY COMMON CARRIER FROM BATTLE CREEK. THAT NO OFFICIAL BUSINESS WAS PERFORMED AT THAT POINT. THE TIME HE WOULD HAVE ARRIVED IN BATTLE CREEK ABOARD THE NEW YORK CENTRAL RAILROAD HAD HE NOT GONE TO INDIANAPOLIS ON PERSONAL BUSINESS EN ROUTE HOME FROM WASHINGTON. THE QUESTION PRESENTED RELATES TO THE APPLICATION OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AS THEY WERE CONSTRUED PRIOR TO THE CHANGES MADE EFFECTIVE ON MAY 1. HELD: "OUR VIEW OF SECTION 6.9 (C) OF THE REGULATION AS NOW WRITTEN IS THAT FOR PER DIEM PURPOSES IT ESTABLISHES THE TIMES OF DEPARTURE AND OF ARRIVAL AS THE TIME THE COMMON CARRIER USED IS SCHEDULED TO LEAVE ITS TERMINAL AND THE TIME IT ACTUALLY ARRIVES THERE.

B-144149, OCT. 17, 1960

TO MR. W. R. WILSON, AUTHORIZED CERTIFYING OFFICER, OFFICE OF CIVIL AND DEFENSE MOBILIZATION:

ON SEPTEMBER 29, 1960, YOU REQUESTED OUR DECISION CONCERNING THE APPLICATION OF SECTION 6.9 (C) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS TO A CLAIM FOR PER DIEM BY JAMES E. ROEMBKE OF YOUR OFFICE ARISING FROM TRAVEL PERFORMED BY HIM DURING THE PERIOD FEBRUARY 11 THROUGH FEBRUARY 21, 1960. HE HAS SUBMITTED TO YOU FOR CERTIFICATION A RECLAIM VOUCHER FOR $7.80--- $6 OF WHICH REPRESENTS PER DIEM.

THE EMPLOYEE WAS AUTHORIZED TO TRAVEL BY COMMON CARRIER FROM BATTLE CREEK, MICHIGAN, TO ATLANTIC CITY, NEW JERSEY, WASHINGTON, D.C., AND RETURN TO BATTLE CREEK, MICHIGAN. THE PURPOSE OF THIS TRAVEL INCLUDED DISPLAYING SCHOOL SHELTER MODELS AT THE AMERICAN ASSOCIATION OF SCHOOL ADMINISTRATORS CONVENTION AT ATLANTIC CITY. ON FEBRUARY 11, 1960, AT 2:50 P.M. THE EMPLOYEE DEPARTED BATTLE CREEK FOR FORT WAYNE, INDIANA, VIA GOVERNMENT AUTOMOBILE. THE RECORD BEFORE US DOES NOT SHOW THE REASON FOR THE TRIP TO FORT WAYNE. WE ASSUME, HOWEVER, THAT NO OFFICIAL BUSINESS WAS PERFORMED AT THAT POINT. HE DEPARTED FORT WAYNE VIA PENNSYLVANIA RAILROAD AT 7:15 P.M. OF THE SAME DAY AND ARRIVED IN ATLANTIC CITY ON FEBRUARY 12 AT 10:15 A.M. ON THE RETURN TRIP FROM ATLANTIC CITY TO DETROIT VIA WASHINGTON, HE ARRIVED IN DETROIT, MICHIGAN, ON FEBRUARY 19, 1960,AT 9:10 A.M. HE LEFT DETROIT FOR FORT WAYNE VIA GREYHOUND BUS AT 10:30 A.M. AND ARRIVED IN FORT WAYNE AT 2:50 P.M. IN FORT WAYNE, HE OBTAINED A PRIVATE AUTOMOBILE WHICH HE DROVE TO INDIANAPOLIS, INDIANA ON PERSONAL BUSINESS. ON FEBRUARY 21, 1960, HE ARRIVED IN BATTLE CREEK VIA PRIVATE AUTOMOBILE AT 10:00 P.M.

THE EMPLOYEE CLAIMED PER DIEM FROM THE TIME OF HIS DEPARTURE FROM BATTLE CREEK VIA GOVERNMENT AUTOMOBILE AT 2:50 P.M. ON FEBRUARY 11, 1960, TO 2:30 P.M. ON FEBRUARY 19, 1960, THE TIME HE WOULD HAVE ARRIVED IN BATTLE CREEK ABOARD THE NEW YORK CENTRAL RAILROAD HAD HE NOT GONE TO INDIANAPOLIS ON PERSONAL BUSINESS EN ROUTE HOME FROM WASHINGTON.

THE QUESTION PRESENTED RELATES TO THE APPLICATION OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AS THEY WERE CONSTRUED PRIOR TO THE CHANGES MADE EFFECTIVE ON MAY 1, 1960. IN B-139359, DECEMBER 11, 1959, OUR OFFICE, IN CONSTRUING SECTION 6.9 (C) OF THE REGULATIONS, HELD: "OUR VIEW OF SECTION 6.9 (C) OF THE REGULATION AS NOW WRITTEN IS THAT FOR PER DIEM PURPOSES IT ESTABLISHES THE TIMES OF DEPARTURE AND OF ARRIVAL AS THE TIME THE COMMON CARRIER USED IS SCHEDULED TO LEAVE ITS TERMINAL AND THE TIME IT ACTUALLY ARRIVES THERE, WHETHER OR NOT THE TERMINAL IS LOCATED WITHIN OR OUTSIDE THE OFFICIAL STATION.' UNDER THAT CONSTRUCTION PER DIEM SHOULD NOT BE ALLOWED FOR THE PERIOD PRIOR TO THE DEPARTURE FROM THE RAILROAD TERMINAL AT FORT WAYNE ON FEBRUARY 11, 1960. THEREFORE, CERTIFICATION SHOULD BE WITHHELD FROM THE CLAIM FOR THE ONE QUARTER DAY PER DIEM FOR THE PERIOD FROM 2:50 P.M., TO 7:15 P.M., ON FEBRUARY 11, 1960.

THE EMPLOYEE'S CLAIM FOR THE ONE QUARTER DAY PER DIEM FROM 9:10 A.M. TO 2:30 P.M., ON FEBRUARY 19, 1960, IS CORRECT AND MAY BE CERTIFIED FOR PAYMENT PURSUANT TO SECTION 6.10 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. THE VOUCHER IS RETURNED.