B-144313, NOV. 16, 1960

B-144313: Nov 16, 1960

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FLACK IS A CIVILIAN EMPLOYEE WHOSE PERMANENT DUTY STATION IS NEW ORLEANS. WAS NOT ABLE TO RETURN TO HIS TEMPORARY DUTY STATION UNTIL FRIDAY. THE RECORD INDICATES THE EMPLOYEE WAS IN A DUTY STATUS ON SATURDAY. THUS THE LEAVE OF ABSENCE WAS NOT PRECEDED AND FOLLOWED BY NONWORK DAYS. ROUND TRIP TRAVEL FOR THIS RETURN TO ABODE WAS PERFORMED BY COMMERCIAL AIR AT A COST OF $93.23. FLACK IS ENTITLED TO EXPENSES OF TRAVEL. IS AUTHORIZED FOR THE PERIOD FROM 1:35 A.M. FOR NONWORK DAYS HE MAY BE ALLOWED TRAVEL COST TO AND FROM HEADQUARTERS AND TEMPORARY DUTY STATION AND PER DIEM EN ROUTE NOT TO EXCEED THE TRAVEL EXPENSES WHICH WOULD HAVE BEEN ALLOWABLE HAD THE EMPLOYEE REMAINED AT THE TEMPORARY DUTY STATION.

B-144313, NOV. 16, 1960

TO LIEUTENANT L. E. WILLIAMS, FC:

YOUR LETTER OF MARCH 31, 1960, MSRHNOFA, FORWARDED TO OUR OFFICE BY LETTER OF OCTOBER 20 FROM THE CHIEF, FIELD DIVISION, OFFICE OF THE CHIEF OF FINANCE, INDIANAPOLIS, INDIANA, REFERENCE FINXE-A, REQUESTS A DECISION AS TO WHETHER PAYMENT MAY BE MADE ON THE VOUCHER SUBMITTED THEREWITH IN FAVOR OF MR. HENRY D. FLACK, COVERING TRAVEL EXPENSES AND PER DIEM FROM 1:35 A.M. SATURDAY, FEBRUARY 20, 1960, TO 1:35 P.M., FRIDAY, FEBRUARY 26, 1960.

MR. FLACK IS A CIVILIAN EMPLOYEE WHOSE PERMANENT DUTY STATION IS NEW ORLEANS, LOUISIANA. TRAVEL ORDER NO. C-1, DATED JANUARY 28, 1960,AUTHORIZED HIM TO TRAVEL ON OFFICIAL BUSINESS TO FORT BENJAMIN HARRISON, INDIANA, FOR THE PURPOSE OF ATTENDING A COURSE OF INSTRUCTION AT THE U.S. ARMY FINANCE SCHOOL. HE PROCEEDED FROM NEW ORLEANS ON JANUARY 30, 1960, BY PRIVATELY-OWNED AUTOMOBILE AND ARRIVED AT FORT BENJAMIN HARRISON ON JANUARY 31. HE DEPARTED FROM HIS TEMPORARY DUTY STATION AT 1:35 A.M., ON SATURDAY, FEBRUARY 20, FOR PERSONAL REASONS, AND ARRIVED AT HIS PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL DUTY STATION AT 6:21 A.M., THE SAME DAY. DURING THE WEEKEND, MR. FLACK BECAME ILL, REQUIRING MEDICAL TREATMENT, AND WAS NOT ABLE TO RETURN TO HIS TEMPORARY DUTY STATION UNTIL FRIDAY, FEBRUARY 26, DEPARTING NEW ORLEANS AT 7:50 .M., AND ARRIVING AT FORT BENJAMIN HARRISON AT 1:35 P.M., THE SAME DAY. THE RECORD INDICATES THE EMPLOYEE WAS IN A DUTY STATUS ON SATURDAY, FEBRUARY 27. THUS THE LEAVE OF ABSENCE WAS NOT PRECEDED AND FOLLOWED BY NONWORK DAYS. ROUND TRIP TRAVEL FOR THIS RETURN TO ABODE WAS PERFORMED BY COMMERCIAL AIR AT A COST OF $93.23.

IN QUESTIONING WHETHER MR. FLACK IS ENTITLED TO EXPENSES OF TRAVEL, INCLUDING PER DIEM, IN CONNECTION WITH RETURN TO ABODE, YOU SPECIFICALLY REQUEST OUR DECISION AS TO WHAT PAYMENT, IF ANY, IS AUTHORIZED FOR THE PERIOD FROM 1:35 A.M., FEBRUARY 20 THROUGH 1:35 P.M., FEBRUARY 26, 1960.

SECTION 6.4 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES THAT WHEN AN EMPLOYEE VOLUNTARILY RETURNS TO HIS OFFICIAL STATION, OR HIS PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION, FOR NONWORK DAYS HE MAY BE ALLOWED TRAVEL COST TO AND FROM HEADQUARTERS AND TEMPORARY DUTY STATION AND PER DIEM EN ROUTE NOT TO EXCEED THE TRAVEL EXPENSES WHICH WOULD HAVE BEEN ALLOWABLE HAD THE EMPLOYEE REMAINED AT THE TEMPORARY DUTY STATION. THAT REIMBURSEMENT DOES NOT REPRESENT PER DIEM IN LIEU OF SUBSISTENCE WHILE AT HEADQUARTERS BUT RATHER REPRESENTS TRAVEL COST TO AND FROM HEADQUARTERS AND TEMPORARY DUTY POST, LIMITED IN AMOUNT TO THE PER DIEM WHICH WOULD HAVE BEEN PAYABLE AT THE TEMPORARY DUTY STATION HAD THE EMPLOYEE REMAINED THERE. B-114984, MAY 25, 1953; B- 132330, AUGUST 2, 1957. MOREOVER, THE TAKING OF LEAVE MAY NOT INCREASE THE REIMBURSEMENT OTHERWISE ALLOWABLE UNDER THAT SECTION. SECTION 6.5A. OF THE REGULATIONS PROVIDES THAT WHENEVER A TRAVELER TAKES LEAVE OF ABSENCE OF ANY KIND BECAUSE OF HIS BEING INCAPACITATED ON ACCOUNT OF HIS ILLNESS OR INJURY NOT DUE TO HIS OWN MISCONDUCT, THE PRESCRIBED PER DIEM IN LIEU OF SUBSISTENCE SHALL CONTINUE FOR A SPECIFIED PERIOD. THIS REGULATION APPLIES TO EMPLOYEES TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR REGULAR POST OF DUTY. SECTION 6.8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROHIBITS THE ALLOWANCE OF PER DIEM TO AN EMPLOYEE WHILE HE IS AT HIS PERMANENT DUTY STATION OR AT HIS PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION.

IN VIEW OF THE FACT, STATED IN YOUR SUBMISSION, THAT THIS EMPLOYEE COMMUTES DAILY BETWEEN HIS PLACE OF ABODE AND HIS OFFICIAL DUTY STATION, THE TIME SPENT AT HIS HOME CANNOT BE CONSIDERED AS ABSENCE FROM HIS OFFICIAL STATION IN A DUTY STATUS. CF. 30 COMP. GEN. 511. THEREFORE, SINCE THE ENTIRE PERIOD OF MR. FLACK'S ILLNESS, AS REFLECTED BY THE VOUCHER, WAS SPENT AT HIS HOME OR OFFICIAL STATION, NO PER DIEM IS PAYABLE FOR ANY PORTION OF THAT PERIOD.

THE ONLY BASIS FOR REIMBURSEMENT FOR THE TRAVEL COST INCURRED BY THE EMPLOYEE FOR TRAVELING DURING THE PERIOD INVOLVED WOULD BE PURSUANT TO THE PROVISIONS OF SECTION 6.4 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, CITED ABOVE. WE NOTE THAT THE TRAVEL IN QUESTION WAS ACCOMPLISHED BY COMMERCIAL AIR AT A COST ($93.23) EXCEEDING THE PER DIEM ($36) WHICH WOULD HAVE BEEN ALLOWED FOR THE THREE NONWORKDAYS, FEBRUARY 20, 21, AND 22, HAD HE REMAINED AT HIS TEMPORARY DUTY STATION. AS STATED ABOVE, THE PERIOD OF LEAVE OF ABSENCE IS NOT FOR CONSIDERATION IN ARRIVING AT THE SUM DUE. THEREFORE, PAYMENT OF TRAVEL COST FOR THE PERIOD IN QUESTION IS TO BE LIMITED TO $36.

ACTION ON THE VOUCHER, WHICH IS RETURNED, SHOULD BE ON THE ABOVE BASIS.