B-147494, NOV. 29, 1961

B-147494: Nov 29, 1961

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YOUR REQUEST DOES NOT RELATE TO THE REIMBURSEMENT FOR PARKING EXPENSES SINCE YOU SAY SUCH CHARGES WILL NOT BE ADMINISTRATIVELY APPROVED BECAUSE THEY WERE INCURRED PRIOR TO AUGUST 21. YOU SAY THE PER DIEM CLAIM WILL NOT BE ADMINISTRATIVELY APPROVED "AS IT COVERS SUCH EXPENSES AS MR. MCMANUS WOULD HAVE INCURRED HAD HIS ANNUAL LEAVE NOT BEEN INTERRUPTED.'. WE NOTE HIS TRAVEL ORDER SPECIFICALLY LIMITS THE PER DIEM AUTHORIZATION TO THE PERIOD WHILE HE IS AT THE TEMPORARY DUTY STATION. THE AUTHORIZED LEAVE PERIOD WAS JUNE 19 THROUGH JULY 7. WHILE AT HIS VACATION POINT HE WAS ORDERED TO REPORT TO THE LOS ANGELES REGIONAL OFFICE FOR TEMPORARY DUTY WHICH WAS PERFORMED IN THAT AREA. HIS TOUR OF TEMPORARY DUTY WAS FROM JULY 3 TO AUGUST 11.

B-147494, NOV. 29, 1961

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

YOUR LETTER OF OCTOBER 26, 1961, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE TRANSMITTED VOUCHER IN FAVOR OF MR. EDWARD J. MCMANUS COVERING TRAVEL EXPENSES, PARKING CHARGES, AND TRANSPORTATION OF HIS WIFE AND SISTER.

YOUR REQUEST DOES NOT RELATE TO THE REIMBURSEMENT FOR PARKING EXPENSES SINCE YOU SAY SUCH CHARGES WILL NOT BE ADMINISTRATIVELY APPROVED BECAUSE THEY WERE INCURRED PRIOR TO AUGUST 21, 1961, THE DATE YOU SAY REIMBURSEMENT OF PARKING CHARGES BECAME EFFECTIVE BY YOUR AGENCY. ALSO, YOU SAY THE PER DIEM CLAIM WILL NOT BE ADMINISTRATIVELY APPROVED "AS IT COVERS SUCH EXPENSES AS MR. MCMANUS WOULD HAVE INCURRED HAD HIS ANNUAL LEAVE NOT BEEN INTERRUPTED.' IN THAT RESPECT, WE NOTE HIS TRAVEL ORDER SPECIFICALLY LIMITS THE PER DIEM AUTHORIZATION TO THE PERIOD WHILE HE IS AT THE TEMPORARY DUTY STATION.

THE RECORD SHOWS MR. MCMANUS, ACCOMPANIED BY HIS WIFE AND HIS SISTER, DEPARTED ON JUNE 17, 1961, FROM CHICAGO, ILLINOIS, HIS OFFICIAL DUTY STATION, BY PRIVATELY OWNED AUTOMOBILE FOR LOS ANGELES, CALIFORNIA, TO COMMENCE HIS ANNUAL LEAVE. THE AUTHORIZED LEAVE PERIOD WAS JUNE 19 THROUGH JULY 7, 1961. WHILE AT HIS VACATION POINT HE WAS ORDERED TO REPORT TO THE LOS ANGELES REGIONAL OFFICE FOR TEMPORARY DUTY WHICH WAS PERFORMED IN THAT AREA. HIS TOUR OF TEMPORARY DUTY WAS FROM JULY 3 TO AUGUST 11. THE TRAVEL ORDER SPECIFIED A "PER DIEM RATE OF $12.00 WITHIN TEMPORARY DUTY STATION ONLY" AND PROVIDES AS FOLLOWS: "EMPLOYEE TRAVELLED FROM CHICAGO, ILLINOIS TO LOS ANGELES, CALIFORNIA AT PERSONAL EXPENSE AND WILL RETURN UNDER SAME CIRCUMSTANCES.' THE ORDER WAS AMENDED TO AUTHORIZE TRAVEL BY AUTOMOBILE "WITHIN SPECIFIED STATIONS" AT 10 CENTS PER MILE AND "OTHERWISE" AT 8 CENTS PER MILE. THE ORIGINAL AND AMENDED ORDER ARE BOTH DATED JULY 3, 1961.

THE EMPLOYEE'S WIFE AND SISTER RETURNED TO CHICAGO ON JULY 2 BY MEANS OF PUBLIC TRANSPORTATION, AND MR. MCMANUS NOW CLAIMS THE COST OF SUCH TRANSPORTATION SINCE THE ADDITIONAL COST OF THEIR RETURN TRAVEL WAS NECESSITATED BY HIS TOUR OF TEMPORARY DUTY WITHIN THE LOS ANGELES AREA. THE RECORD SHOWS, IN THAT REGARD, THAT THE USE BY THE EMPLOYEE OF HIS AUTOMOBILE WAS NECESSARY IN THE PERFORMANCE OF THE TEMPORARY DUTY.

YOU SAY IT WAS NOT THE INTENTION OF THE ADMINISTRATIVE OFFICE THAT THE EMPLOYEE SHOULD SUFFER FINANCIAL LOSS BECAUSE OF THE INTERRUPTION OF HIS LEAVE FOR EMERGENCY TEMPORARY DUTY.

ALTHOUGH ADDITIONAL COST OF RETURN TRANSPORTATION OF THE EMPLOYEE'S WIFE AND SISTER WAS INCURRED BECAUSE OF HIS PERFORMANCE OF TEMPORARY DUTY IN CALIFORNIA, WE KNOW OF NO AUTHORITY--- AND NONE HAS BEEN CITED- - WHEREBY HE MAY BE ALLOWED THEIR RETURN TRANSPORTATION COSTS AT GOVERNMENT EXPENSE. THEREFORE, THE $229.64 COVERING THAT ITEM IS FOR DISALLOWANCE.

IN THE CIRCUMSTANCES, HOWEVER, WE WOULD HAVE NO OBJECTION TO YOUR CERTIFYING FOR PAYMENT MILEAGE FOR THE EMPLOYEE'S RETURN TRIP FROM HIS TEMPORARY DUTY STATION TO HIS HEADQUARTERS IF OTHERWISE PROPER.