B-146031, JUL. 11, 1961

B-146031: Jul 11, 1961

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WHOSE PERMANENT DUTY STATION WAS ATLANTA. WAS ASSIGNED TEMPORARY DUTY AT OKLAHOMA CITY. AFTER WHICH HE WAS ORDERED TO A TWO-WEEK COURSE AT THE AERONAUTICAL CENTER AT THAT LOCATION. CANTWELL WAS ADVISED BY TELEPHONE ON SEPTEMBER 26. THE PROPOSED TRANSFER WAS CONFIRMED BY LETTER DATED SEPTEMBER 26. THE EFFECTIVE DATE OF THE TRANSFER WAS TO BE OCTOBER 30. NO OFFICIAL DUTIES WERE PERFORMED BY HIM AT HIS FORMER STATION AT THAT TIME. THE RECORD SHOWS THE TRANSFER TO OKLAHOMA CITY WAS "TO FILL THE VACANCY CREATED BY THE REASSIGNMENT OF INSPECTOR DICK GIFFEN * * * WHICH REASSIGNMENT IS EFFECTIVE OCTOBER 2. CANTWELL WAS AWARE OF HIS TRANSFER OF DUTY STATION PRIOR TO HIS DEPARTURE FROM ATLANTA ON OCTOBER 2.

B-146031, JUL. 11, 1961

TO MR. M. F. COX, FEDERAL AVIATION AGENCY:

YOUR LETTER OF MARCH 27, 1961, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE TRANSMITTED VOUCHERS IN FAVOR OF MR. WILLIAM J. CANTWELL COVERING TRAVEL EXPENSES, INCLUDING PER DIEM IN LIEU OF SUBSISTENCE.

THE RECORD SHOWS MR. CANTWELL, WHOSE PERMANENT DUTY STATION WAS ATLANTA, GEORGIA, WAS ASSIGNED TEMPORARY DUTY AT OKLAHOMA CITY, OKLAHOMA, COMMENCING OCTOBER 3, 1960, FOR A PERIOD OF TWO WEEKS, AFTER WHICH HE WAS ORDERED TO A TWO-WEEK COURSE AT THE AERONAUTICAL CENTER AT THAT LOCATION.

MR. CANTWELL WAS ADVISED BY TELEPHONE ON SEPTEMBER 26, 1960, HOWEVER, THAT HIS PERMANENT DUTY STATION WOULD BE CHANGED ON OR ABOUT NOVEMBER 1, 1960, FROM ATLANTA TO OKLAHOMA CITY. THE PROPOSED TRANSFER WAS CONFIRMED BY LETTER DATED SEPTEMBER 26, 1960. THE EFFECTIVE DATE OF THE TRANSFER WAS TO BE OCTOBER 30, 1960, AS SHOWN BY TRAVEL ORDER NO. 1-2-3775-3 ISSUED OCTOBER 10, 1960.

AS EVIDENCED BY THE VOUCHERS ACCOMPANYING YOUR LETTER, MR. CANTWELL NOW CLAIMS PER DIEM FROM OCTOBER 2, 1960, THE DATE HE DEPARTED FROM ATLANTA, TO OCTOBER 28, 1960, WHILE AT OKLAHOMA CITY; TRANSPORTATION EXPENSES FROM OKLAHOMA CITY TO ATLANTA ON OCTOBER 28, AND ALSO PER DIEM FROM OCTOBER 30 TO NOVEMBER 1, 1960, WHILE TRAVELING WITH HIS FAMILY BY PRIVATELY OWNED VEHICLE FROM ATLANTA TO OKLAHOMA CITY. NO OFFICIAL DUTIES WERE PERFORMED BY HIM AT HIS FORMER STATION AT THAT TIME. MOREOVER, THE RECORD SHOWS THE TRANSFER TO OKLAHOMA CITY WAS "TO FILL THE VACANCY CREATED BY THE REASSIGNMENT OF INSPECTOR DICK GIFFEN * * * WHICH REASSIGNMENT IS EFFECTIVE OCTOBER 2, 0.'

YOUR DOUBT IN THE MATTER ARISES BECAUSE MR. CANTWELL WAS AWARE OF HIS TRANSFER OF DUTY STATION PRIOR TO HIS DEPARTURE FROM ATLANTA ON OCTOBER 2.

THE RECORD SHOWS THAT PRIOR TO HIS DEPARTURE FROM ATLANTA MR. CANTWELL WAS ADVISED BY PROPER AUTHORITY BOTH BY ORAL COMMUNICATION AND FORMAL WRITTEN NOTICE THAT HIS PERMANENT DUTY STATION WAS TO BE OKLAHOMA CITY. THIS ACTION BY THE ADMINISTRATIVE OFFICE MUST THEREFORE BE CONSIDERED OF SUCH A DEFINITE NATURE AS TO LEAVE NO DOUBT IN THE EMPLOYEE'S MIND THAT OKLAHOMA CITY WAS TO BECOME HIS PERMANENT STATION. IN SUCH CASE, THE CHANGE OF STATION IS EFFECTIVE ON THE DATE THE EMPLOYEE ACTUALLY ARRIVES AT THE NEW DUTY STATION. CF. 30 COMP. GEN. 94; 24 ID. 593; 23 ID. 342, 343.

ALSO SINCE MR. CANTWELL PERFORMED NO OFFICIAL DUTIES UPON HIS RETURN TO ATLANTA HIS TRAVEL TO THAT LOCATION FOR THE PURPOSE OF ACCOMPANYING HIS FAMILY TO OKLAHOMA CITY MUST BE CONSIDERED AS BEING SOLELY FOR PERSONAL REASONS.

THEREFORE, ON THE PRESENT RECORD, THE VOUCHERS, WHICH, TOGETHER WITH RELATED PAPERS, ARE RETURNED, MAY NOT BE CERTIFIED FOR PAYMENT.