B-151428, JUN. 19, 1963

B-151428: Jun 19, 1963

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WHICH WAS RECEIVED HERE APRIL 29. FENIMORE WHOSE OFFICIAL DUTY STATION WAS AT OAKLAND. WAS ASSIGNED TO TEMPORARY OFFICIAL DUTY AT SAN FRANCISCO. FENIMORE IS ENTITLED TO PER DIEM IN VIEW OF THE FACT THAT HIS TEMPORARY DUTY STATION AT SAN FRANCISCO IS A SHORT DISTANCE BEYOND THE CORPORATE LIMITS OF HIS PERMANENT DUTY STATION AT OAKLAND. FENIMORE WAS ASSIGNED OFFICIAL DUTIES AT HIS TEMPORARY STATION REQUIRING HIM TO REMAIN EACH EVENING DURING THIS PERIOD IN A DUTY STATUS UNTIL APPROXIMATELY MIDNIGHT. AT THE SUGGESTION OF HIS SUPERVISOR BECAUSE OF THE LATENESS OF THE HOUR AFTER COMPLETION OF THE DAILY ASSIGNMENT HE REMAINED IN SAN FRANCISCO RATHER THAN RETURNING TO HIS RESIDENCE WHICH WOULD HAVE REQUIRED AT LEAST THREE HOURS' TRAVEL.

B-151428, JUN. 19, 1963

TO MR. H. ROY ROUTT, JR., AUTHORIZED CERTIFYING OFFICER, CIVIL AERONAUTICS BOARD:

YOUR LETTER, REFERENCE B-28, WHICH WAS RECEIVED HERE APRIL 29, 1963, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE TRANSMITTED VOUCHER IN FAVOR OF MR. RICHARD B. FENIMORE, AN EMPLOYEE OF THE CIVIL AERONAUTICS BOARD, COVERING PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE.

MR. FENIMORE WHOSE OFFICIAL DUTY STATION WAS AT OAKLAND, CALIFORNIA, WAS ASSIGNED TO TEMPORARY OFFICIAL DUTY AT SAN FRANCISCO, CALIFORNIA, FROM MARCH 18, 1963, THROUGH MARCH 22, 1963. HE CLAIMS PER DIEM FOR THE PERIOD HE PERFORMED OFFICIAL DUTIES AT HIS TEMPORARY DUTY STATION.

YOU ASK IF MR. FENIMORE IS ENTITLED TO PER DIEM IN VIEW OF THE FACT THAT HIS TEMPORARY DUTY STATION AT SAN FRANCISCO IS A SHORT DISTANCE BEYOND THE CORPORATE LIMITS OF HIS PERMANENT DUTY STATION AT OAKLAND.

THE RECORD SHOWS THAT MR. FENIMORE WAS ASSIGNED OFFICIAL DUTIES AT HIS TEMPORARY STATION REQUIRING HIM TO REMAIN EACH EVENING DURING THIS PERIOD IN A DUTY STATUS UNTIL APPROXIMATELY MIDNIGHT. AT THE SUGGESTION OF HIS SUPERVISOR BECAUSE OF THE LATENESS OF THE HOUR AFTER COMPLETION OF THE DAILY ASSIGNMENT HE REMAINED IN SAN FRANCISCO RATHER THAN RETURNING TO HIS RESIDENCE WHICH WOULD HAVE REQUIRED AT LEAST THREE HOURS' TRAVEL. PRESUMABLY, HE ALSO HAD HIS MEALS IN SAN FRANCISCO.

IN THESE CIRCUMSTANCES MR. FENIMORE WAS REQUIRED TO INCUR EXPENSES ADDITIONAL TO THOSE WHICH HE ORDINARILY WOULD HAVE INCURRED AT HIS HEADQUARTERS. THEREFORE, WE WILL NOT OBJECT TO THE PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE FOR THE PERIOD INVOLVED. SEE 24 COMP. GEN. 179.

THE VOUCHER, TOGETHER WITH RELATED PAPERS, IS RETURNED HEREWITH AND, IF OTHERWISE CORRECT, MAY BE CERTIFIED FOR PAYMENT.