B-147023, SEP. 18, 1961

B-147023: Sep 18, 1961

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THE FACTS ARE SET FORTH IN THE THIRD AND FOURTH PARAGRAPHS OF YOUR LETTER AS FOLLOWS: "MR. HE WAS DIRECTED ON JUNE 5. SCOTT WHO IS UNABLE TO DRIVE RETURNED TO WASHINGTON VIA PRIVATELY-OWNED AUTOMOBILE DRIVEN BY ANOTHER MEMBER OF THE FAMILY WHO RESIDES AT HILLSDALE. NO CLAIM IS MADE FOR THIS TRAVEL. HE WOULD HAVE RETURNED BY PRIVATELY-OWNED AUTOMOBILE ACCOMPANIED BY HIS WIFE. AIR FARE AND TAXI FARE IN WASHINGTON ARE PROPERLY PAYABLE FROM THE FMCS APPROPRIATION. PER DIEM CLAIM IS ADJUDGED TO COVER SUCH EXPENSE AS MR. SCOTT WOULD HAVE INCURRED HAD HIS ANNUAL LEAVE NOT BEEN INTERRUPTED.'. IT IS APPARENT THAT IN ORDER TO BE AVAILABLE FOR DUTY ON THE MORNING OF JUNE 6. IT WAS NECESSARY FOR MR.

B-147023, SEP. 18, 1961

TO MR. JOHN G. FLANAGAN, AUTHORIZED CERTIFYING OFFICER, FEDERAL MEDIATION AND CONCILIATION SERVICE:

ON AUGUST 21, 1961, YOU REQUESTED OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT ANY PART OF THE TRANSMITTED VOUCHER IN FAVOR OF EDWIN W. SCOTT, REPRESENTING PER DIEM AND TRAVEL EXPENSES INCIDENT TO HIS EMPLOYMENT WITH THE FEDERAL MEDIATION AND CONCILIATION SERVICE.

THE FACTS ARE SET FORTH IN THE THIRD AND FOURTH PARAGRAPHS OF YOUR LETTER AS FOLLOWS:

"MR. SCOTT DEPARTED FROM HIS OFFICIAL STATION, WASHINGTON, D.C. ON JUNE 1, 1961, VIA P.O.A., ACCOMPANIED BY HIS WIFE IN AN AUTHORIZED ANNUAL LEAVE STATUS. HE PROCEEDED TO HILLSDALE, MICHIGAN. DUE TO UNFORESEEN CIRCUMSTANCES RELATED TO THE SERVICE'S RESPONSIBILITIES UNDER EXECUTIVE ORDER 10946, MAY 26, 1961, HE WAS DIRECTED ON JUNE 5, 1961 BY TELEGRAM TO RETURN PROMPTLY TO WASHINGTON, D.C. HE TRAVELED FROM HILLSDALE, MICHIGAN TO WILLOW RUN AIRPORT BY P.O.A. HE ISSUED A GOVERNMENT TRANSPORTATION REQUEST FOR AIR TRANSPORTATION FROM DETROIT, MICHIGAN TO WASHINGTON, D.C. AT A COST OF $31.15. MRS. SCOTT WHO IS UNABLE TO DRIVE RETURNED TO WASHINGTON VIA PRIVATELY-OWNED AUTOMOBILE DRIVEN BY ANOTHER MEMBER OF THE FAMILY WHO RESIDES AT HILLSDALE. NO CLAIM IS MADE FOR THIS TRAVEL. HAD MR. SCOTT NOT BEEN ORDERED TO RETURN TO WASHINGTON ON JUNE 5, 1961, TO BE AVAILABLE FOR DUTY ON THE MORNING OF JUNE 6, 1961, HE WOULD HAVE RETURNED BY PRIVATELY-OWNED AUTOMOBILE ACCOMPANIED BY HIS WIFE, LEAVING HILLSDALE ON JUNE 10, 1961.

"IT HAS BEEN ADMINISTRATIVELY DETERMINED THAT THE COST OF TRANSPORTATION, PRIVATE CAR MILEAGE (HILLSDALE TO WILLOW RUN), AIR FARE AND TAXI FARE IN WASHINGTON ARE PROPERLY PAYABLE FROM THE FMCS APPROPRIATION. PER DIEM CLAIM IS ADJUDGED TO COVER SUCH EXPENSE AS MR. SCOTT WOULD HAVE INCURRED HAD HIS ANNUAL LEAVE NOT BEEN INTERRUPTED.'

IT IS APPARENT THAT IN ORDER TO BE AVAILABLE FOR DUTY ON THE MORNING OF JUNE 6, IT WAS NECESSARY FOR MR. SCOTT TO LEAVE HIS WIFE AND AUTOMOBILE AT HILLSDALE AND RETURN TO WASHINGTON BY AIR. IN SO DOING HE WAS REQUIRED TO INCUR EXPENSES IN ADDITION TO THOSE WHICH WOULD HAVE BEEN NECESSARY HAD HIS VACATION NOT BEEN INTERRUPTED OR HAD HE BEEN NOTIFIED TO RETURN IN TIME TO HAVE DRIVEN HIS CAR TO WASHINGTON. WHILE THE GENERAL RULE IS THAT WHEN AN EMPLOYEE PROCEEDS TO A POINT AWAY FROM HIS OFFICIAL HEADQUARTERS ON LEAVE OF ABSENCE HE ASSUMES THE OBLIGATION OF RETURNING THERETO AT HIS OWN EXPENSE WE DO NOT VIEW THE RULE AS APPLICABLE TO THE CIRCUMSTANCES IN THIS CASE. THEREFORE, THE ITEMS REPRESENTING THE PRIVATE CAR MILEAGE TO WILLOW RUN AIRPORT, THE TAXI FARE (PLUS TIP) FROM THE WASHINGTON AIRPORT TO RESIDENCE WHICH HAVE BEEN ADMINISTRATIVELY APPROVED MAY BE CERTIFIED FOR PAYMENT. FOR THE REASON STATED IN THE SECOND PARAGRAPH OF THE ABOVE QUOTATION NO PER DIEM IS PAYABLE.

THE VOUCHER IS RETURNED HEREWITH FOR CERTIFICATION AS INDICATED HEREIN.