B-149269, JUL. 6, 1962

B-149269: Jul 6, 1962

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THE CLAIM FOR MILEAGE WAS DISALLOWED ADMINISTRATIVELY ON THE BASIS OF OUR DECISION B-144675. WAS REQUIRED ON DECEMBER 17. DOES NOT APPLY IN HIS CASE SINCE HIS DUTY STATION AS DUTY OFFICER ON SUNDAY WAS HIS RESIDENCE BETWEEN 4:15 P.M.AND 7:45 A.M. THAT THE TRAVEL PERFORMED WAS NECESSARY IN THE PERFORMANCE OF HIS DUTIES OVER AND ABOVE NORMAL TRAVEL BETWEEN RESIDENCE AND PLACE OF DUTY. ON WORKDAYS THE PLACE OF DUTY OF THE DUTY OFFICER IS THE REGIONAL OFFICE FROM 7:45 A.M. ON NONWORKDAYS HE WAS REQUIRED TO STAY AT HIS HOME DURING THE ENTIRE TOUR OF DUTY UNLESS CALLED TO THE REGIONAL OFFICE FOR OFFICIAL REASON. WE HAVE BEEN ADVISED INFORMALLY BY THE ADMINISTRATIVE OFFICE THAT THE DUTY OFFICERS WHILE AT THEIR RESIDENCES PERFORM NO DUTY BUT ARE IN AN ON CALL STATUS AND ARE CALLED TO THEIR HEADQUARTERS IN EMERGENCIES.

B-149269, JUL. 6, 1962

TO MAJOR C. T. NEVLING, DISBURSING OFFICER, OFFICE OF CIVIL DEFENSE:

YOUR LETTER OF JUNE 21, 1962, WITH ENCLOSURES, REQUESTS OUR DECISION UPON THE PROPRIETY OF PAYING THE TRANSMITTED RECLAIM VOUCHER IN FAVOR OF MR. GEORGE E. GRAY FOR $8.10. THE VOUCHER REPRESENTS AMOUNTS ADMINISTRATIVELY SUSPENDED COVERING MILEAGE BETWEEN RESIDENCE AND DUTY STATION.

THE CLAIM FOR MILEAGE WAS DISALLOWED ADMINISTRATIVELY ON THE BASIS OF OUR DECISION B-144675, DATED JANUARY 19, 1961. IN THAT DECISION WE HELD THAT AN EMPLOYEE MUST BEAR THE COST OF TRANSPORTATION BETWEEN HIS RESIDENCE AND HIS PLACE OF DUTY AT HIS OFFICIAL STATION. THE FACT THAT SUCH EXPENSES MAY BE INCREASED BY EMERGENCY CONDITIONS OR THE PERFORMANCE OF OVERTIME WORK DOES NOT CHANGE THIS RULE.

THE RECORD BEFORE US SHOWS THAT MR. GRAY WHILE ASSIGNED AS DUTY OFFICER AT SANTA ROSA, CALIFORNIA, WAS REQUIRED ON DECEMBER 17, 1961, AND JANUARY 18, 1962, TO TRAVEL FROM HIS RESIDENCE TO HIS HEADQUARTERS TO PERFORM EMERGENCY DUTY. MR. GRAY CONTENDS THAT OUR DECISION B 144675, DATED JANUARY 19, 1961, DOES NOT APPLY IN HIS CASE SINCE HIS DUTY STATION AS DUTY OFFICER ON SUNDAY WAS HIS RESIDENCE BETWEEN 4:15 P.M.AND 7:45 A.M. AND THAT THE TRAVEL PERFORMED WAS NECESSARY IN THE PERFORMANCE OF HIS DUTIES OVER AND ABOVE NORMAL TRAVEL BETWEEN RESIDENCE AND PLACE OF DUTY.

ON WORKDAYS THE PLACE OF DUTY OF THE DUTY OFFICER IS THE REGIONAL OFFICE FROM 7:45 A.M. TO 4:15 P.M. AND HIS HOME FROM 4:15 P.M. TO 7:45 A.M., LESS ACTUAL TRAVEL TIME. ON NONWORKDAYS HE WAS REQUIRED TO STAY AT HIS HOME DURING THE ENTIRE TOUR OF DUTY UNLESS CALLED TO THE REGIONAL OFFICE FOR OFFICIAL REASON. WE HAVE BEEN ADVISED INFORMALLY BY THE ADMINISTRATIVE OFFICE THAT THE DUTY OFFICERS WHILE AT THEIR RESIDENCES PERFORM NO DUTY BUT ARE IN AN ON CALL STATUS AND ARE CALLED TO THEIR HEADQUARTERS IN EMERGENCIES. IF THEY ARE CALLED TO THEIR HEADQUARTERS THEY ARE ENTITLED TO OVERTIME COMPENSATION.

THE RULE SET FORTH IN B-144675, DATED JANUARY 19, 1961, IS FOR APPLICATION WHETHER REGULAR, OVERTIME, OR CALL BACK OVERTIME IS PERFORMED. THUS, THE EXPENSE OF THE EMPLOYEE REPORTING TO HIS HEADQUARTERS FOR DUTY IS OF A PERSONAL NATURE AND HE WOULD NOT BE ENTITLED TO REIMBURSEMENT FOR THE USE OF HIS PRIVATELY OWNED VEHICLE IN TRAVELING BETWEEN HIS RESIDENCE AND HIS HEADQUARTERS.

THE VOUCHER WHICH MAY NOT PROPERLY BE PAID, TOGETHER WITH RELATED PAPERS, IS RETAINED IN THE FILES OF OUR OFFICE.