B-146141, JUL. 27, 1961

B-146141: Jul 27, 1961

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WENMOHS WAS AUTHORIZED TO TRAVEL FROM WASHINGTON. HIS WIFE AND SON WERE AUTHORIZED TO TRAVEL FROM WASHINGTON TO LAGOS DIRECT. WENMOHS' DEPENDENTS ACCOMPANIED HIM ON THE TRIP AND STAYED OVER IN PARIS AND LONDON WHILE HE WAS THERE ON OFFICIAL BUSINESS. WENMOHS SAYS THAT HE HAD NO ALTERNATIVE BUT TO TAKE HIS FAMILY WITH HIM AS HIS EFFECTS WERE PACKED AND READY TO BE SHIPPED WHEN HE FOUND OUT THAT NO QUARTERS WOULD BE AVAILABLE IN LAGOS UNTIL OCTOBER 9. ALL HOTELS AND ACCOMMODATIONS WERE CROWDED BECAUSE OF THE INDEPENDENCE HOLIDAY IN LAGOS WHICH STARTED SEPTEMBER 27 AND ENDED OCTOBER 8. THERE IS NO SIMILAR PROVISION COVERING PER DIEM FOR DEPENDENTS UNDER SUCH CIRCUMSTANCES. THE REGULATIONS CONTEMPLATE THAT THE PER DIEM AND TRANSPORTATION COSTS SHOULD NOT EXCEED THAT WHICH WOULD HAVE BEEN INCURRED ON UNINTERRUPTED TRAVEL BY A USUALLY TRAVELED ROUTE.

B-146141, JUL. 27, 1961

TO MR. M. M. JONES, FOREIGN AGRICULTURAL SERVICE:

YOUR LETTER OF JUNE 13, 1961, WITH ENCLOSURES, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED IN FAVOR OF MR. JOHN R. WENMOHS FOR $775.11, REPRESENTING PER DIEM AND MISCELLANEOUS EXPENSES FOR HIMSELF, WIFE, AND SON FOR THE PERIOD SEPTEMBER 22 TO OCTOBER 11, 1960.

MR. WENMOHS WAS AUTHORIZED TO TRAVEL FROM WASHINGTON, D.C., TO LAGOS, NIGERIA, ON TRANSFER OF OFFICIAL STATION WITH STOPOVERS AT LONDON, ENGLAND, AND PARIS, FRANCE, ON OFFICIAL BUSINESS. HIS WIFE AND SON WERE AUTHORIZED TO TRAVEL FROM WASHINGTON TO LAGOS DIRECT. HOWEVER, MR. WENMOHS' DEPENDENTS ACCOMPANIED HIM ON THE TRIP AND STAYED OVER IN PARIS AND LONDON WHILE HE WAS THERE ON OFFICIAL BUSINESS. MR. WENMOHS SAYS THAT HE HAD NO ALTERNATIVE BUT TO TAKE HIS FAMILY WITH HIM AS HIS EFFECTS WERE PACKED AND READY TO BE SHIPPED WHEN HE FOUND OUT THAT NO QUARTERS WOULD BE AVAILABLE IN LAGOS UNTIL OCTOBER 9, 1960. ALL HOTELS AND ACCOMMODATIONS WERE CROWDED BECAUSE OF THE INDEPENDENCE HOLIDAY IN LAGOS WHICH STARTED SEPTEMBER 27 AND ENDED OCTOBER 8, 1960.

WHILE THE FOREIGN SERVICE TRAVEL REGULATIONS AUTHORIZE PER DIEM IN LIEU OF SUBSISTENCE TO AN EMPLOYEE FOR TEMPORARY DUTY PERFORMED EN ROUTE TO HIS NEW DUTY STATION, THERE IS NO SIMILAR PROVISION COVERING PER DIEM FOR DEPENDENTS UNDER SUCH CIRCUMSTANCES. GENERALLY, THE REGULATIONS CONTEMPLATE THAT THE PER DIEM AND TRANSPORTATION COSTS SHOULD NOT EXCEED THAT WHICH WOULD HAVE BEEN INCURRED ON UNINTERRUPTED TRAVEL BY A USUALLY TRAVELED ROUTE.

THEREFORE, WE CONCLUDE THAT THE EMPLOYEE'S DEPENDENTS WERE NOT IN A TRAVEL STATUS IN PARIS AND LONDON AND THUS WERE NOT ENTITLED TO PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE FOR SUCH PERIOD. NEITHER WOULD MR. WENMOHS BE ENTITLED TO ADDITIONAL COST OF TRANSPORTATION OF HIS DEPENDENTS BECAUSE OF THE INDIRECT TRAVEL. SEE B-126900, MARCH 27, 1956, AND B- 125767, DECEMBER 15, 1955, COPIES OF WHICH DECISIONS ARE ENCLOSED.

THE VOUCHER WHICH, TOGETHER WITH RELATED PAPERS, IS RETURNED, MAY NOT BE CERTIFIED FOR PAYMENT AS NOW STATED.