B-153766, MAY 5, 1964

B-153766: May 5, 1964

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GOODMAN'S ORDERS WAS TO ALLOW THE TOTAL COST OF TRAVEL BACK TO WASHINGTON. BECAUSE TRAVEL AS PERFORMED WAS CHEAPER TO THE GOVERNMENT THAN TRAVEL FROM HEADQUARTERS WOULD HAVE BEEN. IS THIS INTERPRETATION PERMISSIBLE IN THE LIGHT OF 31 COMP. IS ENTITLED TO REIMBURSEMENT ONLY FOR THE EXCESS TRAVEL COSTS INCURRED INCIDENT TO THE TEMPORARY ASSIGNMENT? "2. IF YOUR ANSWER TO THE ABOVE QUESTION IS NEGATIVE. IS THE TRAVELER ENTITLED TO PER DIEM FROM THE TIME HE LEFT DETROIT UNTIL HE RETURNED TO HIS PERMANENT DUTY STATION (WASHINGTON. OR IS HE ENTITLED TO PER DIEM ONLY FROM THE TIME HE ARRIVED IN JEFFERSONVILLE (HIS FIRST TEMPORARY POINT) UNTIL HE LEFT INDIANAPOLIS (HIS LAST TEMPORARY POINT/? " IF AN EMPLOYEE WHO HAS PLANNED TRAVEL FOR PERSONAL REASONS IS REQUESTED TO PERFORM TEMPORARY DUTY WHILE ON PERSONAL TRAVEL.

B-153766, MAY 5, 1964

TO MRS. CARROLL A. NASH, AUTHORIZED CERTIFYING OFFICER, BUREAU OF THE

CENSUS:

YOUR LETTER OF MARCH 19, 1964, REQUESTS OUR DECISION WHETHER A TRAVEL VOUCHER FOR $45.25 MAY BE CERTIFIED FOR PAYMENT TO MR. JOHN ROE GOODMAN, AN EMPLOYEE OF THE CENSUS BUREAU.

THE VOUCHER COVERS TRAVEL PERFORMED DURING THE PERIOD JANUARY 13 TO JANUARY 15, 1964. MR. GOODMAN'S TRAVEL ORDER AUTHORIZED TRAVEL FROM ANN ARBOR, MICHIGAN, TO JEFFERSONVILLE, INDIANA, TO WASHINGTON, D.C., HIS OFFICIAL HEADQUARTERS.

ON THE WEEKEND PRECEDING HIS TRIP TO JEFFERSONVILLE, MR. GOODMAN TRAVELED TO ANN ARBOR FROM WASHINGTON, D.C., AT HIS OWN EXPENSE FOR PERSONAL REASONS. HE USED AIR TRANSPORTATION BETWEEN DETROIT, MICHIGAN AND LOUISVILLE, KENTUCKY, ON JANUARY 13, 1964, LEFT LOUISVILLE ON JANUARY 15 FOR OFFICIAL BUSINESS AT INDIANAPOLIS, INDIANA, AND RETURNED TO WASHINGTON FROM INDIANAPOLIS THE SAME DAY.

YOU SPECIFICALLY ASK THE FOLLOWING QUESTIONS:

"1. IT APPEARS THAT THE INTENT OF MR. GOODMAN'S ORDERS WAS TO

ALLOW THE TOTAL COST OF TRAVEL BACK TO WASHINGTON, BECAUSE

TRAVEL AS PERFORMED WAS CHEAPER TO THE GOVERNMENT THAN

TRAVEL FROM HEADQUARTERS WOULD HAVE BEEN. IS THIS

INTERPRETATION PERMISSIBLE IN THE LIGHT OF 31 COMP. GEN. 509

WHICH STATES THAT AN EMPLOYEE ORDERED TO ENTER UPON TEMPORARY

DUTY, AT A PLACE AWAY FROM HIS OFFICIAL HEADQUARTERS, IS

ENTITLED TO REIMBURSEMENT ONLY FOR THE EXCESS TRAVEL COSTS

INCURRED INCIDENT TO THE TEMPORARY ASSIGNMENT?

"2. IF YOUR ANSWER TO THE ABOVE QUESTION IS NEGATIVE; IS THE

TRAVELER ENTITLED TO PER DIEM FROM THE TIME HE LEFT DETROIT

UNTIL HE RETURNED TO HIS PERMANENT DUTY STATION (WASHINGTON,

D.C.), OR IS HE ENTITLED TO PER DIEM ONLY FROM THE TIME HE

ARRIVED IN JEFFERSONVILLE (HIS FIRST TEMPORARY POINT) UNTIL HE

LEFT INDIANAPOLIS (HIS LAST TEMPORARY POINT/? "

IF AN EMPLOYEE WHO HAS PLANNED TRAVEL FOR PERSONAL REASONS IS REQUESTED TO PERFORM TEMPORARY DUTY WHILE ON PERSONAL TRAVEL, HE IS ENTITLED TO REIMBURSEMENT ONLY FOR THE EXCESS TRAVEL COSTS INCURRED INCIDENT TO THE TEMPORARY DUTY ASSIGNMENT. 31 COMP. GEN. 509. THE FACT THAT HE MAY BE REQUIRED TO PERFORM SOME TEMPORARY DUTY BEFORE RETURNING TO HIS HEADQUARTERS DOES NOT OF ITSELF TRANSFER THE TOTAL EXPENSE OF HIS TRAVEL TO THE GOVERNMENT. B-130018, JANUARY 30, 1957, COPY ENCLOSED. IF, HOWEVER, THE PERSONAL TRAVEL, OR LEAVE, IS INCIDENT TO THE TEMPORARY DUTY, I.E., FOR EXAMPLE, THE EMPLOYEE DECIDES TO TAKE SOME LEAVE, OR TO DEVIATE FROM THE DIRECT ROUTE TO THE TEMPORARY DUTY POINT FOR PERSONAL REASONS, HE REMAINS ENTITLED TO REIMBURSEMENT FOR CONSTRUCTIVE DIRECT TRAVEL COSTS. SEE B-130018, JANUARY 30, 1957.

WE HAVE BEEN ADVISED BY A MEMORANDUM DATED APRIL 18, 1964, FROM THE CHIEF, STATISTICAL RESEARCH DIVISION, MR. GOODMAN'S SUPERVISOR, THAT "IT WAS PREVIOUSLY ARRANGED WHEREBY MR. GOODMAN WAS REQUIRED TO PERFORM DUTIES IN JEFFERSONVILLE, INDIANA, ON JANUARY 13 AND 14, 1964.' IT APPEARS, THEREFORE, THAT THE TEMPORARY DUTY WOULD HAVE BEEN REQUIRED QUITE APART FROM MR. GOODMAN'S PERSONAL PLANS AND THAT HIS DEVIATION FROM THE DIRECT ROUTE TO GO TO ANN ARBOR ON SATURDAY AND SUNDAY WAS INCIDENTAL ONLY. THEREFORE, MR. GOODMAN IS ENTITLED TO REIMBURSEMENT FOR TRANSPORTATION EXPENSES AND PER DIEM IN AN AMOUNT NOT TO EXCEED THE CONSTRUCTIVE COST OF DIRECT TRAVEL FROM WASHINGTON, D.C., TO JEFFERSONVILLE, TO INDIANAPOLIS, AND RETURN TO WASHINGTON, D.C.

THE TRAVEL VOUCHER, WHICH IS RETURNED HEREWITH WITH ENCLOSURES, MAY BE CERTIFIED FOR PAYMENT IN ACCORDANCE WITH THE RULE REFERRED TO IN THE PRECEDING PARAGRAPH.