B-147569, DEC. 4, 1961

B-147569: Dec 4, 1961

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MAY BE ALLOWED PER DIEM IN LIEU OF SUBSISTENCE WHILE SHE WAS IN WASHINGTON. IN MAY 1960 MISS NICHOLS WAS INFORMED THAT UPON HER RETURN FROM BONN. ON DECEMBER 1 HER HOUSEHOLD EFFECTS WERE DELIVERED TO HER LODGINGS IN ARLINGTON. IT WAS DETERMINED THAT MISS NICHOLS COULD BE ASSIGNED TO ANOTHER FOREIGN POST WITHOUT THE EXPECTED SIX MONTHS DELAY. IT WAS DECIDED TO ASSIGN HER TO RABAT. DECEMBER 6 SHE WAS ISSUED A TRAINING GRANT. THUS INDICATING THAT SHE WAS ON TEMPORARY DUTY IN WASHINGTON. - AUTHORIZE TRAVEL AND TRANSPORTATION ON THE BASIS THAT WASHINGTON WAS MISS NICHOLS' PERMANENT DUTY STATION. WAS THE OFFICIAL STATION OF MISS NICHOLS BETWEEN NOVEMBER 30. IS BASED UPON THE LAWS AND REGULATIONS APPLICABLE TO TRAVEL ON OFFICIAL BUSINESS GENERALLY. 39 COMP.

B-147569, DEC. 4, 1961

TO MR. A. M. FLATEQUAL, AUTHORIZED CERTIFYING OFFICER, FOREIGN AGRICULTURAL SERVICE:

ON NOVEMBER 8, 1961, YOU REQUESTED OUR DECISION WHETHER MISS IRIS T. NICHOLS, AN EMPLOYEE OF THE FOREIGN AGRICULTURAL SERVICE, DEPARTMENT OF AGRICULTURE, MAY BE ALLOWED PER DIEM IN LIEU OF SUBSISTENCE WHILE SHE WAS IN WASHINGTON, D.C., FROM NOVEMBER 30, 1960, TO FEBRUARY 10, 1961, OR FOR THE PERIOD THE EMPLOYEE ATTENDED A LANGUAGE TRAINING COURSE.

IN MAY 1960 MISS NICHOLS WAS INFORMED THAT UPON HER RETURN FROM BONN, GERMANY, TO WASHINGTON, D.C., SHE WOULD BE REQUIRED TO STAY IN WASHINGTON FOR APPROXIMATELY SIX MONTHS TO UNDERGO MEDICAL OBSERVATION AND TREATMENT BEFORE BEING ASSIGNED TO ANOTHER OVERSEAS POST. SHE TRAVELED TO WASHINGTON IN OCTOBER ON THE BASIS OF A TRAVEL AUTHORIZATION SHOWING A TRANSFER OF STATION WITH AUTHORITY TO SHIP HOUSEHOLD EFFECTS AND A PRIVATELY OWNED AUTOMOBILE TO WASHINGTON AT GOVERNMENT EXPENSE. AFTER UNDERGOING A MEDICAL EXAMINATION AND CONSULTING WITH FOREIGN AGRICULTURAL SERVICE OFFICIALS, MISS NICHOLS TOOK HOME LEAVE. SHE RETURNED TO WASHINGTON FOR DUTY ON NOVEMBER 30, AND ON DECEMBER 1 HER HOUSEHOLD EFFECTS WERE DELIVERED TO HER LODGINGS IN ARLINGTON, VIRGINIA. AS A RESULT OF THE MEDICAL EXAMINATION IN WASHINGTON, IT WAS DETERMINED THAT MISS NICHOLS COULD BE ASSIGNED TO ANOTHER FOREIGN POST WITHOUT THE EXPECTED SIX MONTHS DELAY; AND IT WAS DECIDED TO ASSIGN HER TO RABAT, MOROCCO, AFTER SHE HAD TAKEN INSTRUCTION IN THE FRENCH LANGUAGE. DECEMBER 6 SHE WAS ISSUED A TRAINING GRANT, WHICH INCLUDED A PER DIEM ALLOWANCE ESTIMATED OF $432.00 COMPUTED AT THE RATE OF $12.00 PER DAY, AUTHORIZING A FRENCH LANGUAGE COURSE AT WASHINGTON, D.C.

THE NOTIFICATION OF PERSONNEL ACTION, STANDARD FORM 50, DATED JANUARY 5, 1961, PURPORTS TO TRANSFER MISS NICHOLS DIRECTLY FROM BONN TO RABAT, THUS INDICATING THAT SHE WAS ON TEMPORARY DUTY IN WASHINGTON; HOWEVER, THE TRAVEL ORDERS INVOLVED--- NO. 36-61 AUTHORIZING TRAVEL FROM BONN TO WASHINGTON AND NO. 521-61 AUTHORIZING TRAVEL FROM WASHINGTON TO RABAT--- AUTHORIZE TRAVEL AND TRANSPORTATION ON THE BASIS THAT WASHINGTON WAS MISS NICHOLS' PERMANENT DUTY STATION.

UPON THE PRESENT RECORD, WE HOLD THAT FOR TRAVEL AND TRANSPORTATION EXPENSE PURPOSES WASHINGTON, D.C., WAS THE OFFICIAL STATION OF MISS NICHOLS BETWEEN NOVEMBER 30, 1960, AND FEBRUARY 10, 1961.

PAYMENT OF TRAVEL EXPENSES TO EMPLOYEES RECEIVING TRAINING UNDER THE GOVERNMENT EMPLOYEES TRAINING ACT, 72 STAT. 327, 5 U.S.C. 2301, IS BASED UPON THE LAWS AND REGULATIONS APPLICABLE TO TRAVEL ON OFFICIAL BUSINESS GENERALLY. 39 COMP. GEN. 140. ALTHOUGH IN 39 COMP. GEN. 119 PER DIEM WAS ALLOWED TO AN EMPLOYEE PARTICIPATING IN TRAINING IN THE VICINITY OF HIS DUTY STATION A PREREQUISITE OF THE TRAINING THERE INVOLVED WAS THAT THE EMPLOYEE LIVE AND TAKE HIS MEALS AT THE HOTEL IN WHICH THE TRAINING COURSE WAS GIVEN. IN THE CASE BEFORE US IT DOES NOT APPEAR THAT MISS NICHOLS WAS PUT TO ANY SUCH EXTRAORDINARY EXPENSE IN CONNECTION WITH THE TRAINING SHE TOOK.

THEREFORE, MISS NICHOLS IS NOT ENTITLED TO PER DIEM DURING THE PERIOD NOVEMBER 30, 1960, TO FEBRUARY 10, 1961, WHILE SHE WAS ON DUTY OR PARTICIPATING IN TRAINING IN WASHINGTON, D.C. ..END :