B-152230, OCT. 16, 1963

B-152230, OCT. 16, 1963

TO MR. W. E. PILCHER, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

YOUR LETTER OF MAY 9, 1963, FORWARDED TO US BY THE ENGINEER COMPTROLLER, REQUESTS OUR DECISION WHETHER A RECLAIM VOUCHER COVERING THE PERIOD JANUARY 7, 1963, TO FEBRUARY 8, 1963, BY MR. SIDNEY T. WOOD FOR $36.30 PER DIEM MAY BE CERTIFIED FOR PAYMENT.

THE CLAIMANT WAS ASSIGNED TO TEMPORARY DUTY AT PINE BLUFF, ARKANSAS, 44 MILES FROM HIS OFFICIAL DUTY STATION, LITTLE ROCK, ARKANSAS. HIS TRAVEL ORDERS PROVIDED THAT "TRAVELER MAY RETURN TO PERMANENT DUTY STATION ON NONWORK DAYS.' THE CLAIMANT RETURNED TO HIS OFFICIAL STATION ON ONE WEEKEND. THE RECLAIM VOUCHER REPRESENTS AMOUNTS DEDUCTED FROM THE ORIGINAL VOUCHER FOR WEEKENDS MR. WOOD DID NOT RETURN TO HIS OFFICIAL DUTY STATION. THIS DEDUCTION RESULTED FROM AN INFORMAL QUESTIONING BY OUR AUDITORS OF A LIKE CLAIMANT IN A SIMILAR CASE. ALTHOUGH MR. WOOD'S TEMPORARY DUTY STATION WAS NOT DISTANT FROM HIS OFFICIAL STATION, THE RECORD CONTAINS SUBSTANTIAL EVIDENCE (SEE STATEMENT OF CLAIMANT, OF THE CHIEF, SURVEY BRANCH AND OF THE COMPTROLLER) THAT IT WAS ADMINISTRATIVELY UNDESIRABLE AND IMPRACTICABLE TO REQUIRE MR. WOOD TO RETURN TO THE OFFICIAL STATION FOR WEEKENDS ON THIS SPECIFIC ASSIGNMENT, AND, IN FACT, THAT IT WAS NECESSARY THAT HE REMAIN AT THE TEMPORARY STATION AT LEAST FOR PART OF THE WEEKEND.

THEREFORE, WE ARE UNABLE TO CONCLUDE THAT THERE WAS NO ROOM IN THE CASE FOR THE EXERCISE OF ADMINISTRATIVE DISCRETION WITHIN THE PURVIEW OF SECTION 6.4 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

IN VIEW THEREOF, THE RECLAIM VOUCHER MAY BE CERTIFIED FOR PAYMENT FOR $36.30, IF OTHERWISE CORRECT. THE VOUCHER AND ACCOMPANYING PAPERS ARE RETURNED HEREWITH.