B-147047, NOV. 9, 1961

B-147047: Nov 9, 1961

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WE HAVE CONSIDERED YOUR LETTERS OF SEPTEMBER 18 AND OCTOBER 24. ONE OF THE VOUCHERS IS FOR $384 COVERING PER DIEM AT THE RATES ADMINISTRATIVELY APPROVED JULY 21 FOR THE TEMPORARY DUTY PERIOD MAY 29 TO JUNE 30. THE OTHER VOUCHER IS FOR $255.88 AND COVERS PER DIEM FROM JULY 20 TO 29 AND MILEAGE AT THE RATE AUTHORIZED IN TRAVEL ORDER NO. 210 DATED JULY 20. WE UNDERSTAND THAT SUCH COMPUTER TRAINING SERVICE WAS FURNISHED THAT INSTALLATION PURSUANT TO AN OFFICIAL COOPERATIVE FUNCTION OF THE BUREAU. COX WAS IN WASHINGTON. WAS AT NO EXPENSE TO THE GOVERNMENT. YOUR SPECIFIC QUESTIONS ARE AS FOLLOWS: "1. IS PAYMENT OF PER DIEM ALLOWABLE IN VIEW OF 10 CG 223 AS MRS. COX WAS RESIDING IN CHAPEL HILL.

B-147047, NOV. 9, 1961

TO MR. JAMES G. EAKIN, AUTHORIZED CERTIFYING OFFICER, BUREAU OF THE CENSUS:

YOUR LETTER OF AUGUST 24, 1961, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE ENCLOSED TRAVEL VOUCHERS (2) IN FAVOR OF GLORIA R. COX, REPRESENTING HER CLAIM FOR PER DIEM IN LIEU OF SUBSISTENCE AND FOR MILEAGE DURING THE PERIOD MAY 29 TO JULY 29, 1961, IN THE CIRCUMSTANCES DESCRIBED BELOW. ALSO, WE HAVE CONSIDERED YOUR LETTERS OF SEPTEMBER 18 AND OCTOBER 24, 1961, AND ENCLOSURES, PERTAINING TO THIS MATTER.

ONE OF THE VOUCHERS IS FOR $384 COVERING PER DIEM AT THE RATES ADMINISTRATIVELY APPROVED JULY 21 FOR THE TEMPORARY DUTY PERIOD MAY 29 TO JUNE 30, 1961. THE OTHER VOUCHER IS FOR $255.88 AND COVERS PER DIEM FROM JULY 20 TO 29 AND MILEAGE AT THE RATE AUTHORIZED IN TRAVEL ORDER NO. 210 DATED JULY 20, 1961. THAT ORDER EXPRESSLY AUTHORIZED TRAVEL BY PRIVATE AUTOMOBILE FROM SUITLAND, MARYLAND, TO CHAPEL HILL, NORTH CAROLINA, AND RETURN, TO OPERATE A COMPUTER FOR THE BUREAU OF THE CENSUS AT THE UNIVERSITY OF NORTH CAROLINA INSTALLATION UNTIL THE TRAINING OF ADDITIONAL UNIVERSITY OF NORTH CAROLINA OPERATORS HAS BEEN COMPLETED. WE UNDERSTAND THAT SUCH COMPUTER TRAINING SERVICE WAS FURNISHED THAT INSTALLATION PURSUANT TO AN OFFICIAL COOPERATIVE FUNCTION OF THE BUREAU. THE EVIDENCE INDICATES MRS. COX WAS IN WASHINGTON, D.C., IMMEDIATELY PRIOR TO ISSUANCE OF THE TRAVEL ORDER OF JULY 20, 1961. THE TRAVEL ORDER CONTAINS A NOTATION THAT "MRS. COX'S TRAVEL TO CHAPEL HILL, N.C., WAS AT NO EXPENSE TO THE GOVERNMENT," AND THE ORDER AUTHORIZED PER DIEM RATE OF $8.

YOUR SPECIFIC QUESTIONS ARE AS FOLLOWS:

"1. IS PAYMENT OF PER DIEM ALLOWABLE IN VIEW OF 10 CG 223 AS MRS. COX WAS RESIDING IN CHAPEL HILL, WAS VERBALLY DIRECTED TO REPORT FOR DUTY AT CHAPEL HILL, AND ENTERED ON DUTY THERE ON MAY 29, 1961? IN THIS CASE MRS. COX HAS STATED THAT SHE HAD ADDITIONAL LIVING EXPENSES DURING THIS PERIOD.

"2. MRS. COX ALSO CLAIMS TRAVEL EXPENSES FROM CHAPEL HILL TO SUITLAND, MARYLAND. THIS TRAVEL WAS PERFORMED JULY 29, 1961. DOES THE RULE THAT UPON APPOINTMENT AN EMPLOYEE MUST PAY ALL HIS OWN EXPENSES, BOTH SUBSISTENCE AND TRANSPORTATION, IN REPORTING TO HIS FIRST OFFICIAL STATION APPLY IN THIS CASE, OR DOES THE CLAIM THAT ADDITIONAL EXPENSES WERE INCURRED ALTER THE CIRCUMSTANCES SO THAT 20 CG 820 WOULD NOT APPLY, AND PER DIEM MAY BE PAID, BUT MILEAGE DEDUCTED?

UPON RECEIVING YOUR AUGUST 24 LETTER WE INFORMALLY REQUESTED ADDITIONAL INFORMATION AND DOCUMENTS FROM THE ADMINISTRATIVE AND PERSONNEL DIVISIONS OF THE BUREAU CLARIFYING THE FACTS AND SEQUENCE OF EVENTS IN THE RECRUITMENT AND APPOINTMENT OF MRS. COX, WHICH YOUR LETTERS AND ENCLOSURES OF SEPTEMBER 18 AND OCTOBER 24 HAVE FURNISHED. YOUR ABOVE QUESTIONS SEEM TO ARISE LARGELY BECAUSE MRS. COX BEGAN ACTUAL WORK FOR THE BUREAU IN CHAPEL HILL ON MAY 29 AND THUS DID NOT ENTER ON ACTUAL DUTY IN SUITLAND ON MAY 29 AS WAS INTENDED ON APRIL 10, 1961, WHEN SHE WAS OFFERED THE POSITION WITH THE BUREAU OF CENSUS.

WHILE SHE WAS IN NORTH CAROLINA, ON MAY 22 SHE WAS OFFICIALLY REQUESTED (VERBAL) TO REMAIN THERE AND PERFORM THE ABOVE-DESCRIBED TRAINING SERVICE AS AUTHORIZED AND APPROVED. HOWEVER, PRIOR TO THAT TIME SHE HAD BEEN IN THE SUITLAND AREA IN EARLY MAY ARRANGING FOR HOUSING IN ANTICIPATION OF HER PLANNED ENTRANCE ON DUTY AT SUITLAND ON AND AFTER MAY 29. ALSO, IN EARLY MAY SHE ARRANGED TO GIVE UP HER RESIDENCE IN HILLSBORO, NORTH CAROLINA, AND PLACED HER HOUSEHOLD GOODS IN STORAGE IN MARYLAND PENDING THE TENANTS MOVING OUT OF HER HOUSE IN MARYLAND. IN OTHER WORDS, THE SUBMITTED RECORD ESTABLISHES THAT MRS. COX'S PERSONAL TRAVEL TO THE SUITLAND AREA PRIOR TO JULY 29 WAS SUCH AS TO SATISFY THE RULE, THAT AN APPOINTEE MUST BEAR THE EXPENSE OF REPORTING TO THE PLACE AT WHICH HER DUTY IS TO BE PERFORMED. LIKEWISE, THE RECORD ESTABLISHES ADDITIONAL SUBSISTENCE EXPENSES WERE INCURRED AT THE TEMPORARY DUTY POST. IN THE CIRCUMSTANCES, 10 COMP. GEN. 222 AND 20 COMP. GEN. 820, DO NOT PRECLUDE PAYMENT OF THE MILEAGE AND PER DIEM CLAIMED. THE QUESTIONS PRESENTED ARE ANSWERED ACCORDINGLY.

THEREFORE, BASED UPON THE PRESENT RECORD WE WOULD NOT OBJECT TO YOUR CERTIFICATION FOR PAYMENT OF THE ENCLOSED VOUCHERS, IF THEY ARE OTHERWISE CORRECT.