B-158264, JAN. 14, 1966

B-158264: Jan 14, 1966

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THE FACTS IN YOUR CASE WERE FULLY SET FORTH IN OUR SETTLEMENT OF NOVEMBER 2. IT IS NOTED THAT YOUR TRAVEL ORDER AUTHORIZED TRAVEL TO BEGIN ON OR ABOUT SEPTEMBER 10. YOU WERE CHARGED ANNUAL LEAVE IN ACCORDANCE WITH THE ADMINISTRATIVE REGULATIONS FOR THE REASON THAT THE TRAVEL WAS PERFORMED DURING REGULAR WORK DAYS RATHER THAN ON WEEKENDS. ALTHOUGH MATTERS OF CHARGING LEAVE TO AN EMPLOYEE ARE PRIMARILY MATTERS FOR THE ADMINISTRATIVE OFFICE. OUR OFFICE WILL. IN PERFORMING TRAVEL NECESSARY TO HIS WORK A GOVERNMENT EMPLOYEE IS REQUIRED TO PROCEED AS EXPEDITIOUSLY AS HE WOULD IF TRAVELING ON HIS PERSONAL BUSINESS EVEN THOUGH HE MAY BE REQUIRED TO TRAVEL ON NONWORKDAYS. IT IS THE VIEW OF OUR OFFICE THAT BY DEPARTING YOUR HEADQUARTERS ON THURSDAY RATHER THAN SATURDAY AND DEPARTING YOUR TEMPORARY DUTY STATION ON MONDAY RATHER THAN ON SATURDAY YOU DID NOT EXERCISE "THE SAME CARE IN INCURRING EXPENSES THAT A PRUDENT PERSON WOULD EXERCISE IF TRAVELING ON PERSONAL BUSINESS.'.

B-158264, JAN. 14, 1966

TO MR. KENNETH F. LANE:

THIS REFERS TO YOUR LETTER OF DECEMBER 13, 1965, ACKNOWLEDGED DECEMBER 28, 1965, REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF NOVEMBER 2, 1965, WHICH DISALLOWED YOUR CLAIM FOR FOUR DAYS ANNUAL LEAVE CHARGED ON ACCOUNT OF EXCESS TRAVEL TIME DURING THE PERIOD SEPTEMBER 10 TO OCTOBER 6, 1964, AS A CIVILIAN EMPLOYEE OF THE FEDERAL AVIATION AGENCY.

THE FACTS IN YOUR CASE WERE FULLY SET FORTH IN OUR SETTLEMENT OF NOVEMBER 2, 1965, AND NEED NOT BE REPEATED HERE. IT IS NOTED THAT YOUR TRAVEL ORDER AUTHORIZED TRAVEL TO BEGIN ON OR ABOUT SEPTEMBER 10, 1964. YOU TRAVELED BY PRIVATELY-OWNED AUTOMOBILE ON THURSDAY AND FRIDAY, SEPTEMBER 10 AND 11, 1964, TO REPORT FOR TEMPORARY DUTY IN CHICAGO, ILLINOIS, AT 8 A.M. MONDAY, SEPTEMBER 14, 1964. YOU COMPLETED YOUR TEMPORARY DUTY FRIDAY, OCTOBER 2, 1964, BUT ELECTED TO REMAIN IN CHICAGO OVER SATURDAY AND SUNDAY AND RESUMED TRAVEL MONDAY, OCTOBER 5, ARRIVING IN NEW YORK ON TUESDAY, OCTOBER 6, 1964. YOU WERE CHARGED ANNUAL LEAVE IN ACCORDANCE WITH THE ADMINISTRATIVE REGULATIONS FOR THE REASON THAT THE TRAVEL WAS PERFORMED DURING REGULAR WORK DAYS RATHER THAN ON WEEKENDS. ALTHOUGH MATTERS OF CHARGING LEAVE TO AN EMPLOYEE ARE PRIMARILY MATTERS FOR THE ADMINISTRATIVE OFFICE, OUR OFFICE WILL, IN AN APPROPRIATE FACTUAL SITUATION, DISAPPROVE THE GRANTING OF EXCESS TIME OFF WITHOUT A CHARGE TO ANNUAL LEAVE. SEE 39 COMP. GEN. 250.

IN PERFORMING TRAVEL NECESSARY TO HIS WORK A GOVERNMENT EMPLOYEE IS REQUIRED TO PROCEED AS EXPEDITIOUSLY AS HE WOULD IF TRAVELING ON HIS PERSONAL BUSINESS EVEN THOUGH HE MAY BE REQUIRED TO TRAVEL ON NONWORKDAYS. SEE 31 COMP. GEN. 278. IT IS THE VIEW OF OUR OFFICE THAT BY DEPARTING YOUR HEADQUARTERS ON THURSDAY RATHER THAN SATURDAY AND DEPARTING YOUR TEMPORARY DUTY STATION ON MONDAY RATHER THAN ON SATURDAY YOU DID NOT EXERCISE "THE SAME CARE IN INCURRING EXPENSES THAT A PRUDENT PERSON WOULD EXERCISE IF TRAVELING ON PERSONAL BUSINESS.' SEE SECTION 1.2 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

ACCORDINGLY, THE PRIOR ACTION TAKEN BY OUR OFFICE IN DISALLOWING YOUR CLAIM IS SUSTAINED.