B-149476, AUG. 13, 1962

B-149476, AUG. 13, 1962

TO MISS CLARA A. PASTORIUS:

ON JULY 11, 1962, REFERENCE D-311A, YOU REQUESTED OUR DECISION WHETHER YOU MAY PROPERLY CERTIFY FOR PAYMENT THE ENCLOSED VOUCHER IN FAVOR OF MR. WILLIAM L. DYE, AN EMPLOYEE OF THE DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION, STATIONED IN DENVER, FOR $19.35 WHICH HE CLAIMS IS DUE HIM AS PER DIEM IN CONNECTION WITH HIS PERFORMANCE OF TEMPORARY DUTY IN SALT LAKE CITY, UTAH.

WHILE ASSIGNED TO TEMPORARY DUTY IN SALT LAKE CITY, MR. DYE RETURNED TO DENVER, HIS PERMANENT DUTY STATION, FOR THE WEEKEND OF APRIL 21 AND 22 AND REMAINED THERE ON MONDAY, APRIL 23, IN AN ANNUAL LEAVE STATUS. HE ARRIVED BACK IN SALT LAKE CITY TO PERFORM HIS DUTIES AT 8 A.M. ON APRIL 24. HIS ORIGINAL VOUCHER FOR TRAVEL EXPENSES FOR THE MONTH OF APRIL INCLUDED A CLAIM FOR PER DIEM AT THE RATE OF $8.60 PER DAY FOR APRIL 21, 22, AND 24. PAYMENT OF PER DIEM WAS DISALLOWED FOR APRIL 21 AND 22 AND FOR 1/4 DAY ON APRIL 24. THE ENCLOSED VOUCHER RECLAIMS PER DIEM FOR THOSE DAYS.

YOU SAY THAT PER DIEM WAS DISALLOWED UNDER SECTION 6.3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WHICH YOU QUOTE IN PART AS FOLLOWS: "A TRAVELER WILL BE CONSIDERED TO BE IN A SUBSISTENCE STATUS ON NONWORK DAYS UNLESS HE RETURNS TO HIS OFFICIAL STATUS OR PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION.'

SECTION 6.4 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES IN PERTINENT PART:

"* * * IN CASES OF VOLUNTARY RETURN OF A TRAVELER OF NONWORK DAYS TO HIS OFFICIAL STATION, OR HIS PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION, THE MAXIMUM REIMBURSEMENT ALLOWABLE FOR THE ROUND TRIP TRANSPORTATION AND PER DIEM EN ROUTE SHALL BE THE TRAVEL EXPENSE WHICH WOULD HAVE BEEN ALLOWABLE HAD THE TRAVELER REMAINED AT HIS TEMPORARY DUTY STATION.'

UNDER THAT PROVISION MR. DYE ORDINARILY WOULD BE ENTITLED TO THE EXPENSE OF HIS RETURN TO DENVER TO THE EXTENT THAT SUCH EXPENSE DOES NOT EXCEED THE TRAVEL EXPENSE WHICH WOULD HAVE BEEN ALLOWABLE HAD HE REMAINED IN SALT LAKE CITY.

IT APPEARS THAT PER DIEM FOR APRIL 21 AND 22 WOULD HAVE BEEN THE ONLY TRAVEL EXPENSE ALLOWABLE HAD MR. DYE REMAINED IN SALT LAKE CITY, WHICH IS CONSIDERABLY LESS THAN THE EXPENSES HE INCURRED IN RETURNING TO HIS OFFICIAL STATION. SECTION 6.3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WHICH GOVERNS THE COMPUTATION OF PER DIEM WHEN LEAVE OF ABSENCE IS INVOLVED, PROVIDES THAT PER DIEM MAY BE ALLOWED FOR NONWORKDAYS WHICH ARE NOT PRECEDED AND FOLLOWED BY LEAVE OF ABSENCE. THUS, MR. DYE WOULD HAVE BEEN ENTITLED TO PER DIEM ON APRIL 21 AND 22 HAD HE REMAINED IN SALT LAKE CITY. WE NOTE THAT THERE IS NO INDICATION THAT MR. DYE WAS CHARGED ANY ANNUAL LEAVE ON APRIL 24. THAT SECTION ALSO PROVIDES THAT PER DIEM WILL BE ALLOWED FROM 12:01 A.M. ON THE DAY FOLLOWING A LEAVE OF ABSENCE. THEREFORE MR. DYE WAS ENTITLED TO PER DIEM FOR A FULL DAY ON APRIL 24 INSTEAD OF 3/4 DAY AS PREVIOUSLY ALLOWED.

IN VIEW OF THE FOREGOING, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.