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B-156079, JUN. 19, 1967

B-156079 Jun 19, 1967
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WAS AUTHORIZED TO TRAVEL FROM TULSA. TRAVEL WAS TO BEGIN ON OR ABOUT JULY 1. FRY WAS INSTRUCTED BY HIS SUPERVISOR TO RETURN TO TULSA FOR THE PURPOSE OF RECEIVING NEW DUTY ASSIGNMENTS. THE EMPLOYEE IS CLAIMING PER DIEM AT THE RATE OF $16 FOR THE PERIOD HE PERFORMED OFFICIAL DUTIES AT HIS HEADQUARTERS IN TULSA ON THE GROUND THAT SINCE HIS RESIDENCE IS LOCATED IN RICHARDSON. HE WAS REQUIRED TO INCUR ADDITIONAL LIVING EXPENSES WHILE PERFORMING DUTY IN TULSA. STATES THAT AN EMPLOYEE TRAVELING ON OFFICIAL BUSINESS AWAY FROM HIS DESIGNATED POST OF DUTY IS ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE AS PRESCRIBED BY THE AGENCY CONCERNED. PROVIDES AS FOLLOWS: "PER DIEM IN LIEU OF SUBSISTENCE WILL NOT BE ALLOWED AN EMPLOYEE EITHER AT HIS PERMANENT DUTY STATION OR AT HIS PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION.'.

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B-156079, JUN. 19, 1967

TO AUTHORIZED CERTIFYING OFFICER:

YOUR LETTER OF MAY 22, 1967, WITH ENCLOSURES, REFERENCE SPA-ABF, REQUESTS OUR DECISION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MR. JAMES D. FRY, AN EMPLOYEE OF THE SOUTHWESTERN POWER ADMINISTRATION, FOR $504, REPRESENTING PER DIEM FOR THE PERIOD JANUARY 20, TO FEBRUARY 21, 1967.

BY TRAVEL ORDER NO. 67-PL-5, DATED JUNE 30, 1966, MR. FRY, AN APPRAISER FOR THE ADMINISTRATION, WAS AUTHORIZED TO TRAVEL FROM TULSA, OKLAHOMA, HIS OFFICIAL DUTY STATION, TO ANY POINT IN OKLAHOMA, TEXAS, ARKANSAS, LOUISIANA, KANSAS, AND MISSOURI, AND RETURN TO TULSA, IN CONNECTION WITH THE PERFORMANCE OF HIS OFFICIAL DUTIES AS AN APPRAISER. TRAVEL WAS TO BEGIN ON OR ABOUT JULY 1, 1966, AND END ON OR ABOUT JUNE 30, 1967.

ON JANUARY 16, 1967, MR. FRY WAS INSTRUCTED BY HIS SUPERVISOR TO RETURN TO TULSA FOR THE PURPOSE OF RECEIVING NEW DUTY ASSIGNMENTS. MR. FRY RETURNED TO TULSA ON JANUARY 20 AND REMAINED THEREAT UNTIL FEBRUARY 21, 1967.

THE EMPLOYEE IS CLAIMING PER DIEM AT THE RATE OF $16 FOR THE PERIOD HE PERFORMED OFFICIAL DUTIES AT HIS HEADQUARTERS IN TULSA ON THE GROUND THAT SINCE HIS RESIDENCE IS LOCATED IN RICHARDSON, TEXAS (APPROXIMATELY 260 MILES FROM TULSA), HE WAS REQUIRED TO INCUR ADDITIONAL LIVING EXPENSES WHILE PERFORMING DUTY IN TULSA.

THE RECORD SHOWS THAT MR. FRY PREVIOUSLY HAS BEEN ADVISED BY HIS ADMINISTRATIVE OFFICE THAT SECTION 6.8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROHIBITS THE PAYMENT OF PER DIEM TO AN EMPLOYEE WHILE AT HIS OFFICIAL DUTY STATION. HOWEVER, MR. FRY REQUESTS THAT AN EXCEPTION TO THAT RULE BE MADE IN HIS CASE.

SECTION 5702 (A) OF TITLE 5, U.S.C. STATES THAT AN EMPLOYEE TRAVELING ON OFFICIAL BUSINESS AWAY FROM HIS DESIGNATED POST OF DUTY IS ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE AS PRESCRIBED BY THE AGENCY CONCERNED. SECTION 6.8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, ISSUED BY THE BUREAU OF THE BUDGET UNDER THE AUTHORITY OF 5 U.S.C. 5707, PROVIDES AS FOLLOWS:

"PER DIEM IN LIEU OF SUBSISTENCE WILL NOT BE ALLOWED AN EMPLOYEE EITHER AT HIS PERMANENT DUTY STATION OR AT HIS PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION.'

THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WERE ISSUED PURSUANT TO LAW AND THEREFORE HAVE THE FORCE AND EFFECT OF LAW. NEITHER OUR OFFICE NOR ANY OTHER AGENCY OF THE GOVERNMENT HAS THE AUTHORITY TO WAIVE OR GRANT EXCEPTIONS TO THE PROVISIONS OF SUCH REGULATIONS.

THE RECORD IS CLEAR THAT TULSA, OKLAHOMA, WAS THE EMPLOYEE'S OFFICIAL DUTY STATION DURING THE PERIOD IN QUESTION. THE EMPLOYEE DOES NOT CONTEND OTHERWISE.

THEREFORE, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.

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