B-158018, DEC. 1, 1965, 45 COMP. GEN. 299

B-158018: Dec 1, 1965

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AS TRAVEL PERFORMED DUE TO ILLNESS OR DEATH OF A MEMBER OF AN EMPLOYEE'S IMMEDIATE FAMILY IS PERSONAL TO THE EMPLOYEE THAT IS NOT COMPENSABLE UNDER 5 U.S.C. 836 AND SECTION 6.5B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AUTHORIZING PER DIEM AND TRANSPORTATION EXPENSES TO AN EMPLOYEE WHO WHILE TRAVELING AWAY FROM HIS OFFICIAL STATION ON OFFICIAL BUSINESS BECOMES INCAPACITATED THROUGH ILLNESS OR INJURY. KAPLAN'S TRAVEL ARE SAID IN YOUR LETTER TO BE AS FOLLOWS: MR. WHOSE OFFICIAL STATION WAS NEW YORK. WAS ORDERED TO TRAVEL TO SEVERAL EUROPEAN COUNTRIES FOR OFFICIAL DUTY. A COPY OF WHICH IS ENCLOSED. SUCH TRAVEL IS REGARDED AS PERSONAL TO THE EMPLOYEE AND NOT AS TRAVEL ON OFFICIAL BUSINESS. 6 COMP.

B-158018, DEC. 1, 1965, 45 COMP. GEN. 299

TRAVEL EXPENSES - OFFICIAL BUSINESS - INTERRUPTION DUE TO ILLNESS OR DEATH IN FAMILY THE TRAVEL EXPENSES INCURRED BY A CIVILIAN EMPLOYEE OF THE GOVERNMENT FOR A ROUND TRIP FROM HIS TEMPORARY OVERSEAS DUTY ASSIGNMENT TO HIS PERMANENT DUTY STATION TO ATTEND THE FUNERAL OF HIS FATHER MAY NOT BE REIMBURSED TO THE EMPLOYEE, AS TRAVEL PERFORMED DUE TO ILLNESS OR DEATH OF A MEMBER OF AN EMPLOYEE'S IMMEDIATE FAMILY IS PERSONAL TO THE EMPLOYEE THAT IS NOT COMPENSABLE UNDER 5 U.S.C. 836 AND SECTION 6.5B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AUTHORIZING PER DIEM AND TRANSPORTATION EXPENSES TO AN EMPLOYEE WHO WHILE TRAVELING AWAY FROM HIS OFFICIAL STATION ON OFFICIAL BUSINESS BECOMES INCAPACITATED THROUGH ILLNESS OR INJURY.

TO GERALD H. KIDWELL, UNITED STATES TREASURY DEPARTMENT, DECEMBER 1, 1965:

YOUR LETTER OF NOVEMBER 9, 1965, ENCLOSING A SUPPLEMENTAL TRAVEL VOUCHER FOR $356.40 IN FAVOR OF MR. MILTON E. KAPLAN, AN EMPLOYEE OF THE INTERNAL REVENUE SERVICE, ASKS OUR DECISION WHETHER, UNDER THE CIRCUMSTANCES RELATED IN YOUR LETTER, THE VOUCHER PROPERLY MAY BE CERTIFIED FOR PAYMENT.

THE FACTS CONCERNING MR. KAPLAN'S TRAVEL ARE SAID IN YOUR LETTER TO BE AS FOLLOWS:

MR. KAPLAN, WHOSE OFFICIAL STATION WAS NEW YORK, NEW YORK, WAS ORDERED TO TRAVEL TO SEVERAL EUROPEAN COUNTRIES FOR OFFICIAL DUTY. HE LEFT HIS PLACE OF TEMPORARY DUTY IN BERLIN, GERMANY, FROM MARCH 24 TO 29, 1965, TO RETURN TO NEW YORK CITY FOR THE FUNERAL OF HIS FATHER. ON HIS ORIGINAL VOUCHER FOR MARCH, A COPY OF WHICH IS ENCLOSED, HE REDUCED HIS CLAIM FOR REIMBURSEMENT BY $356.40, THE VALUE OF THE GOVERNMENT TRANSPORTATION REQUESTS THAT HE ISSUED FOR THIS TRAVEL. HOWEVER, HE HAS RECLAIMED THIS AMOUNT ON THE SUPPLEMENTAL VOUCHER.

THE DECISIONS TO WHICH YOU REFER, VIZ, 41 COMP. GEN. 573 AND 42 COMP. GEN. 163, CONCERN THE SPECIFIC STATUTORY PROVISIONS CONTAINED IN SECTION 3 OF THE TRAVEL EXPENSE ACT OF 1949, 63 STAT. 166, 5 U.S.C. 836, AND SECTION 6.5B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AUTHORIZING THE ALLOWANCE OF PER DIEM AND TRANSPORTATION EXPENSES IN THE CASE OF AN EMPLOYEE WHO WHILE TRAVELING AWAY FROM HIS OFFICIAL STATION ON OFFICIAL BUSINESS BECOMES INCAPACITATED THROUGH ILLNESS OR INJURY.

THE RULE REGARDING TRAVEL PERFORMED BY AN EMPLOYEE SOLELY BECAUSE OF THE ILLNESS OR DEATH OF A MEMBER OF HIS IMMEDIATE FAMILY LONG HAS BEEN OTHERWISE. SUCH TRAVEL IS REGARDED AS PERSONAL TO THE EMPLOYEE AND NOT AS TRAVEL ON OFFICIAL BUSINESS. 6 COMP. GEN. 701; 23 ID. 237; B 137457, OCTOBER 15, 1958.

WE UNDERSTAND THAT MR. KAPLAN'S SUPPLEMENTAL TRAVEL VOUCHER IS LIMITED SOLELY TO THOSE ITEMS OF TRAVEL EXPENSE INCURRED INCIDENT TO HIS TRAVEL FROM BERLIN TO NEW YORK AND RETURN FOR PERSONAL REASONS.

THEREFORE, NO PART OF THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT.