B-147299, OCT. 19, 1961

B-147299, OCT. 19, 1961

TO THE SECRETARY OF THE TREASURY:

ON SEPTEMBER 26, 1961, YOUR ADMINISTRATIVE ASSISTANT SECRETARY REQUESTED OUR DECISION CONCERNING THE PROPRIETY OF ALLOWING THE CLAIM OF MR. H. P. MOLDOVER, AN EMPLOYEE OF THE INTERNAL REVENUE SERVICE, FOR ADDITIONAL PER DIEM. THE PERTINENT FACTS GIVING RISE TO HIS CLAIM ARE RELATED BY YOUR ADMINISTRATIVE ASSISTANT SECRETARY AS FOLLOWS:

"IN CONNECTION WITH OFFICIAL TRAVEL OF MORE THAN TWENTY-FOUR HOURS, MR. H. P. MOLDOVER, AN EMPLOYEE OF THE INTERNAL REVENUE SERVICE WITH POST OF DUTY IN NEW YORK CITY, TRAVELED BY TAXICAB ON APRIL 2, 1961, FROM HIS RESIDENCE TO THE WOODLAWN TERMINAL OF THE NEW YORK CITY TRANSIT AUTHORITY, WHICH IS LOCATED WITHIN THE CITY LIMITS. HE BOARDED A SUBWAY TRAIN THAT LEFT THE TERMINAL AT 5:11 P.M. AND ARRIVED AT THE GRAND CENTRAL STATION AT 5:45 P.M. HE THEN BOARDED A TRAIN FOR ALBANY, NEW YORK, WHICH LEFT AT 6:15 P.M.

"MR. MOLDOVER CLAIMED $5.50 PER DIEM FOR ONE-HALF DAY AT THE $11 RATE FOR APRIL 2. THIS AMOUNT WAS ADMINISTRATIVELY REDUCED TO $2.75 FOR ONE-FOURTH DAY, ON THE GROUND THAT HIS DEPARTURE FROM HIS OFFICIAL STATION OCCURRED AT 6:15 P.M., THE TIME THE TRAIN LEFT THE GRAND CENTRAL STATION. HOWEVER, HE HAS RECLAIMED THE $2.75 BY WHICH HIS ORIGINAL VOUCHER WAS REDUCED, BASING HIS CLAIM ON YOUR DECISION AT 40 COMP. GEN. 128.'

YOUR ADMINISTRATIVE ASSISTANT SECRETARY ALSO REQUESTS OUR DECISION UPON THE FOLLOWING QUESTIONS OF A MORE GENERAL NATURE:

"/1) DO THE SUBWAY TRAINS OF THE NEW YORK CITY TRANSIT AUTHORITY CONSTITUTE SCHEDULED TRANSPORTATION WITHIN THE MEANING OF 40 COMP. GEN. 128 SO THAT, WHEN OTHERWISE PROPER, PER DIEM MAY BE HELD TO BEGIN AND END WITH THE DEPARTURE AND ARRIVAL OF SUCH TRAINS AT THEIR TERMINALS? MR. MOLDOVER HAS INFORMED US THAT THESE TRAINS RUN ON REGULAR SCHEDULES, ALTHOUGH PRINTED COPIES OF SUCH SCHEDULES ARE NOT CURRENTLY AVAILABLE.

"/2) IN THE DECISION AT 35 COMP. GEN. 650, YOU HELD THAT TRAVEL OF A NAVY ENLISTED MAN BY AIRPORT LIMOUSINE BETWEEN THE LIMOUSINE TERMINAL AND THE AIRPORT, ALL WITHIN HIS POST OF DUTY, MUST BE DISREGARDED FOR PER DIEM PURPOSES. WOULD THE HOLDING BE THE SAME FOR A CIVILIAN EMPLOYEE TRAVELING UNDER THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED? WOULD THE ANSWER BE THE SAME IF, INSTEAD OF LIMOUSINE, AN INTRACITY CARRIER THAT QUALIFIED AS SCHEDULED TRANSPORTATION WERE USED?

"/3) WHEN WOULD AN EMPLOYEE'S PER DIEM BEGIN OR END, AS APPLICABLE, IN CONNECTION WITH TRAVEL BY A SCHEDULED MEANS OF TRANSPORTATION BETWEEN A TERMINAL OUTSIDE HIS OFFICIAL STATION AND A TERMINAL WITHIN THE OFFICIAL STATION, EN ROUTE TO OR FROM A DISTANT POINT? AN EXAMPLE OF TRAVEL UNDER THESE CIRCUMSTANCES MIGHT INVOLVE AN EMPLOYEE WHOSE POST OF DUTY IS WASHINGTON, D.C., BUT WHO RESIDES IN ALEXANDRIA, VIRGINIA. SUCH AN EMPLOYEE MAY BOARD A TRAIN AT THE ALEXANDRIA TERMINAL, TRAVEL TO UNION STATION IN WASHINGTON, THEN PROCEED TO A DISTANT POINT. CONVERSELY, HE MAY RETURN TO HIS HOME BY WAY OF WASHINGTON BY THE SAME MODE OF TRANSPORTATION. THIS SITUATION DIFFERS FROM THE CASES THAT WERE DEALT WITH IN THE DECISION AT 40 COMP. GEN. 128, AS THOSE CASES INVOLVED TRAVEL IN WHICH THE FIRST TERMINALS USED WERE AT THE EMPLOYEES' OFFICIAL STATIONS.'

SECTION 6.9C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, EFFECTIVE MAY 1, 1960, IS AS FOLLOWS:

"GENERALLY FOR COMPUTING PER DIEM ALLOWANCES OFFICIAL TRAVEL BEGINS WHEN THE TRAIN, AIRPLANE, BOAT, OR OTHER CONVEYANCE IS SCHEDULED TO DEPART FROM ITS DEPOT, AIRPORT, OR DOCK AND ENDS WHEN THE TRAIN, AIRPLANE, BOAT, OR OTHER CONVEYANCE ACTUALLY ARRIVES AT ITS DEPOT, AIRPORT, OR DOCK AT THE CONCLUSION OF A TRIP. HOWEVER, THE FOLLOWING EXCEPTIONS ARE AUTHORIZED:

"/1) WHEN A TRAVELER USES AN AUTOMOBILE OR OTHER NONSCHEDULED MEANS OF TRANSPORTATION BETWEEN HIS OFFICE, HOME, OR OTHER POINT OF DEPARTURE AND A DEPOT, AIRPORT, OR DOCK LOCATED MORE THAN FIFTY MILES DISTANT (DETERMINED BY USUALLY TRAVELED MOTOR ROUTE), OFFICIAL TRAVEL FOR COMPUTING PER DIEM ALLOWANCES BEGINS WHEN THE EMPLOYEE ACTUALLY LEAVES HIS HOME, OFFICE, OR OTHER POINT OF DEPARTURE AND ENDS WHEN HE RETURNS FROM SUCH DEPOT, AIRPORT, OR DOCK TO HIS HOME, OFFICE, OR OTHER POINT AT THE CONCLUSION OF HIS TRIP.

"/2) WHEN A TRAVELER USES AN AUTOMOBILE OR OTHER NONSCHEDULED MEANS OF TRANSPORTATION BETWEEN HIS OFFICE, HOME, OR OTHER POINT OF DEPARTURE AND A TEMPORARY DUTY STATION, OFFICIAL TRAVEL BEGINS AT THE TIME THE TRAVELER LEAVES HIS HOME, OFFICE, OR OTHER POINT OF DEPARTURE AND ENDS WHEN THE TRAVELER RETURNS TO HIS HOME, OFFICE, OR OTHER POINT BY AUTOMOBILE OR OTHER NONSCHEDULED CONVEYANCE AT THE CONCLUSION OF HIS TRIP. HOWEVER, WHEN THE TIME OF DEPARTURE IS WITHIN THIRTY MINUTES PRIOR TO THE END OF A QUARTER DAY, OR THE TIME OF RETURN IS WITHIN THIRTY MINUTES AFTER THE BEGINNING OF A QUARTER DAY, PER DIEM FOR EITHER SUCH QUARTER DAY SHALL NOT BE ALLOWED IN THE ABSENCE OF A STATEMENT WITH THE TRAVEL VOUCHER EXPLAINING THE OFFICIAL NECESSITY FOR THE TIME OF DEPARTURE OR RETURN.'

UNDER THE QUOTED SECTION PER DIEM STARTS AT THE SCHEDULED TIME OF DEPARTURE OF THE CARRIER FROM ITS TERMINAL. SINCE MR. MOLDOVER HAS NOT SHOWN ANY PUBLISHED DEPARTURE SCHEDULE FROM THE WOODLAWN TERMINAL OF THE NEW YORK CITY TRANSIT AUTHORITY WE CANNOT CONSIDER THE CARRIER AS HAVING A SCHEDULED TIME OF DEPARTURE FROM THAT TERMINAL. UNDER THE CIRCUMSTANCES YOU MAY NOT ALLOW THE CLAIM.

CONCERNING QUESTION NO. 1, IN THE ABSENCE OF A PUBLISHED DEPARTURE SCHEDULE FROM DESIGNATED TERMINALS OR BOARDING POINTS THE NEW YORK CITY TRANSIT AUTHORITY MAY NOT PROPERLY BE REGARDED AS SCHEDULED TRANSPORTATION WITHIN THE MEANING OF THE QUOTED REGULATIONS AS CONSTRUED IN 41 COMP. GEN. 128.

IN ANSWER TO QUESTION NO. 2, THE DECISION IN 35 COMP. GEN. 650 APPLIES TO MILITARY PERSONNEL TRAVEL AND NOT TO CIVILIAN TRAVEL. CIVILIAN TRAVEL IS GOVERNED BY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. UNDER THOSE REGULATIONS, A TRAVELER USING AN AIRPORT LIMOUSINE OPERATING ON AN ESTABLISHED TIME SCHEDULE WOULD BE ENTITLED TO PER DIEM COMMENCING WITH THE SCHEDULED TIME OF DEPARTURE OF THE LIMOUSINE NOTWITHSTANDING BOTH THE LIMOUSINE TERMINAL AND THE AIRPORT ARE WITHIN THE EMPLOYEE'S POST OF DUTY. THE ANSWER WOULD BE THE SAME IN THE CASE OF AN INTRA-CITY CARRIER OPERATING, IN FACT, ON A PUBLISHED SCHEDULE DESIGNATING THE TIME OF DEPARTURE FROM THE TERMINAL OR BOARDING POINT IN QUESTION.

THE PRINCIPLE SET OUT IN 40 COMP. GEN. 128 WOULD APPLY IN THE CIRCUMSTANCES REFERRED TO IN QUESTION NO. 3. THAT IS TO SAY, AN EMPLOYEE WHOSE POST OF DUTY IS WASHINGTON, D.C., BUT WHO RESIDES IN ALEXANDRIA, VIRGINIA, AND WHO BOARDS A TRAIN AT THE ALEXANDRIA TERMINAL AND TRAVELS TO UNION STATION IN WASHINGTON FOR FURTHER TRAVEL TO A DISTANT POINT, WOULD BE ENTITLED TO PER DIEM FROM THE SCHEDULED HOUR OF DEPARTURE FROM THE ALEXANDRIA TERMINAL, AND, UPON HIS RETURN HOME HE WOULD BE ENTITLED TO PER DIEM UNTIL ARRIVAL AT THE ALEXANDRIA TERMINAL.