B-153783, MAY 28, 1964, 43 COMP. GEN. 757

B-153783: May 28, 1964

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DAYLIGHT SAVING TIME IS NOT ENTITLED TO THE $4 CLAIMED FOR ONE QUARTER DAY'S PER DIEM. REPRESENTING ONE QUARTER DAY'S PER DIEM IN LIEU OF SUBSISTENCE WHICH WAS DISALLOWED IN OUR CLAIMS DIVISION SETTLEMENT OF MARCH 9. YOU WERE AUTHORIZED TO TRAVEL FROM WASHINGTON. THE REGULATION ALSO PROVIDES THAT IN ABSENCES OF 24 HOURS OR LESS THE LOCAL TIME IN EFFECT AT THE PLACE WHERE THE OFFICIAL TRAVEL BEGINS AND ENDS WILL BE USED. IS FOR CONSIDERATION ONLY IN THOSE CASES WHEN BOTH TYPES OF ABSENCES APPEAR ON THE SAME VOUCHER. THAT IS TO SAY. COPIES OF WHICH ARE ENCLOSED. AS THE RECORD SHOWS PAYMENT OF YOUR PER DIEM WAS CORRECTLY COMPUTED BY THE NAVY FINANCE OFFICE. THE DISALLOWANCE OF YOUR RECLAIM OF ADDITIONAL PER DIEM IS SUSTAINED.

B-153783, MAY 28, 1964, 43 COMP. GEN. 757

SUBSISTENCE - PER DIEM - FRACTIONAL DAYS - DAYLIGHT SAVING V. STANDARD TIME UNDER SECTION 6.9A OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PRESCRIBING THE USE OF STANDARD TIME IN SETTING THE TIME OF ARRIVAL AND DEPARTURE FOR PER DIEM PURPOSES FOR AN ABSENCE FROM AN OFFICIAL STATION OF MORE THAN 24 HOURS, AN EMPLOYEE OF THE GOVERNMENT UNDER ORDERS FOR AN ESTIMATED 6 DAYS OF TEMPORARY DUTY WHOSE RETURN BY AIR TO HIS OFFICIAL STATION CONSTRUCTIVELY OCCURRED AT 6:30 A.M. DAYLIGHT SAVING TIME IS NOT ENTITLED TO THE $4 CLAIMED FOR ONE QUARTER DAY'S PER DIEM, SECTION 6.9A REQUIRING THAT THE SCHEDULE 6:30 A.M. LOCAL TIME OF ARRIVAL AT THE AIRPORT BE CONVERTED TO THE CORRESPONDING EASTERN STANDARD TIME HOUR, 5:30 A.M.

TO MICHAEL A. FUNGAROLI, DEPARTMENT OF THE NAVY, MAY 28, 1964:

YOUR LETTER OF MARCH 13, 1964, REQUESTS THAT WE RECONSIDER YOUR CLAIM FOR $4, REPRESENTING ONE QUARTER DAY'S PER DIEM IN LIEU OF SUBSISTENCE WHICH WAS DISALLOWED IN OUR CLAIMS DIVISION SETTLEMENT OF MARCH 9, 1964.

IN TRAVEL ORDER NO. 368 DATED JULY 15, 1963, AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY, BUREAU OF SHIPS, YOU WERE AUTHORIZED TO TRAVEL FROM WASHINGTON, D.C., TO LOS ANGELES, CALIFORNIA, FOR TEMPORARY DUTY AT THE GILFILLAN CORPORATION, AND RETURN. THE TRAVEL ORDER ESTIMATED THE DUTY AND TRAVEL TIME WOULD REQUIRE 6 DAYS, NAMELY, FROM JULY 21 27, 1963, AND AUTHORIZED YOU TO USE COMMERCIAL RAIL, AIR OR BUS, OR TO TRAVEL BY PRIVATELY OWNED CONVEYANCE ON A MILEAGE BASIS, PROVIDED THAT THE "COST, INCLUDING PER DIEM, MUST NOT EXCEED COST BY USUAL PUBLIC MEANS OF TRANSPORTATION.' PARAGRAPH 2A OF THE TRAVEL ORDER AUTHORIZED YOU TO BE REIMBURSED FOR SUBSISTENCE AT A PER DIEM RATE OF $16 "FOR EACH CIRCUMSTANCE OF TRAVEL IN ACCORDANCE WITH INSTRUCTIONS IN NCPI 4650.7-2 AND 3.' HOWEVER, THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS--- INCORPORATED BY REFERENCE IN THE SAID INSTRUCTIONS--- GOVERN THE MATTER HERE INVOLVED.

SECTION 6.9A OF THE STANDARDIZED REGULATIONS CLEARLY REQUIRES THE USE OF STANDARD TIME IN SETTING THE TIME OF ARRIVAL AND DEPARTURE FOR PER DIEM PURPOSES FOR AN ABSENCE FROM THE OFFICIAL STATION OF MORE THAN 24 HOURS. THAT PROVISION CONFORMS TO OUR DECISION OF JANUARY 2, 1952, B-106567, COPY HEREWITH. THE REGULATION ALSO PROVIDES THAT IN ABSENCES OF 24 HOURS OR LESS THE LOCAL TIME IN EFFECT AT THE PLACE WHERE THE OFFICIAL TRAVEL BEGINS AND ENDS WILL BE USED. SECTION 6.11 OF THE REGULATIONS ALSO REFERS TO BOTH ABSENCES OF MORE AND LESS THAN 24 HOURS, AND DESCRIBES THE DAILY ABSENCE INVOLVED AS "CONTINUOUS TRAVEL.' SUCH PROVISION DOES NOT DISPENSE WITH THE REQUIREMENTS AND LIMITATIONS OF SECTION 6.9 REGARDING COMPUTATION OF THE TIME OF BEGINNING AND ENDING OF THE WHOLE TRAVEL AND TEMPORARY DUTY PERIOD.

THE LAST SENTENCE OF SECTION 6.9A RELATES TO THE IMMEDIATELY PRECEDING SENTENCE IN THAT SECTION AND, HENCE, IS FOR CONSIDERATION ONLY IN THOSE CASES WHEN BOTH TYPES OF ABSENCES APPEAR ON THE SAME VOUCHER, AND APPLIES ONLY TO ABSENCES OF 24 HOURS OR LESS. WHEN--- AS IN YOUR CASE--- A TRAVELER'S RETURN TO HIS OFFICIAL STATION CONSTRUCTIVELY OCCURS AT 6:30 A.M., DAYLIGHT SAVING TIME, FOLLOWING AN ABSENCE OF MORE THAN 24 HOURS, SECTION 6.9A REQUIRES THAT SUCH LOCAL TIME HOUR BE CONVERTED TO THE CORRESPONDING STANDARD TIME HOUR. THAT IS TO SAY, IN YOUR CASE, 5:30 A.M. EASTERN STANDARD TIME ON JULY 25, 1963, CORRESPONDENTS TO THE SCHEDULED LOCAL ARRIVAL TIME OF AMERICAN AIRLINES FLIGHT NO. 78 AT DULLES INTERNATIONAL AIRPORT. IN THAT CONNECTION ALSO SEE SECTION 6.9C OF THE STANDARDIZED REGULATIONS AND THE DECISIONS AT 39 COMP. GEN. 880, 40 ID. 128 AND 400; ALSO B-152692 DATED NOVEMBER 13, 1963; COPIES OF WHICH ARE ENCLOSED.

THEREFORE, AS THE RECORD SHOWS PAYMENT OF YOUR PER DIEM WAS CORRECTLY COMPUTED BY THE NAVY FINANCE OFFICE, THE DISALLOWANCE OF YOUR RECLAIM OF ADDITIONAL PER DIEM IS SUSTAINED.