B-158681, MAR. 31, 1966

B-158681, MAR. 31, 1966

TO AUTHORIZED CERTIFYING OFFICER, OFFICE OF SCIENCE AND TECHNOLOGY:

THIS REFERS TO YOUR LETTER OF MARCH 7, 1966, WITH ENCLOSURES, CONCERNING THE PROPER PAYMENT FOR TRAVELING EXPENSES TO BE MADE TO CERTAIN EMPLOYEES OF THE OFFICE OF SCIENCE AND TECHNOLOGY. THE CASES WILL BE CONSIDERED IN THE ORDER PRESENTED.

THE INFORMATION FURNISHED SHOWS THAT AT THE TIME IN QUESTION THE RECORDS OF YOUR OFFICE LISTED MR. JOHN F. KINCAID'S ADDRESS, WHO WAS EMPLOYED AS A CONSULTANT, AS SKOKIE, ILLINOIS, C/O INTERNATIONAL MINERALS AND CHEMICAL CORPORATION. MR. KINCAID WAS TO PERFORM TEMPORARY DUTY FOR THE GOVERNMENT AT HOUSTON, TEXAS. HE LEFT SKOKIE BY AIRPLANE, COMPLETED HIS DUTY AT HOUSTON THEN DEPARTED FOR WASHINGTON, D.C. MR. KINCAID WAS ALLOWED CONSTRUCTIVE TRAVEL BY AIRPLANE BY DIRECT ROUTE FROM SKOKIE TO HOUSTON AND RETURN. HE IS NOW CLAIMING AN ADDITIONAL AMOUNT TO COMPENSATE HIM FOR TRAVEL FROM SKOKIE TO HOUSTON TO WASHINGTON, D.C., ON THE GROUND THAT WASHINGTON, D.C., WAS HIS HEADQUARTERS AND HE ONLY RECEIVED MAIL AT HIS SKOKIE ADDRESS FOR CONVENIENCE. BY LETTER OF SEPTEMBER 19, 1963, TO YOUR OFFICE, MR. KINCAID ADVISED THAT HE HAD ACCEPTED FULL-TIME EMPLOYMENT AT INTERNATIONAL MINERALS AND CHEMICAL CORPORATION IN SKOKIE AND THAT HIS HEADQUARTERS SHOULD FROM THEN ON BE CONSIDERED TO BE AT THAT ADDRESS.

WE WERE NOT FURNISHED A COPY OF MR. KINCAID'S TRAVEL ORDER OST-98, DATED JULY 1, 1962, BUT WE ASSUME THIS SHOWS HIS HEADQUARTERS AS SKOKIE. IT IS NOTED THAT THE VOUCHER SIGNED BY MR. KINCAID SHOWS "SKOKIE, ILLINOIS" AS HIS OFFICIAL DUTY STATION AND "ANNANDALE, VIRGINIA" AS HIS RESIDENCE. YOU SAY THAT CONSTRUCTIVE TRAVEL FROM SKOKIE TO HOUSTON AND RETURN WAS USED BECAUSE ALL RECORDS IN YOUR OFFICE LISTED ONLY AN OFFICIAL FULL-TIME BUSINESS ADDRESS OF THE TRAVELER AS SKOKIE, ILLINOIS, AS AN EMPLOYEE OF THE INTERNATIONAL MINERALS AND CHEMICAL CORPORATION IN THAT CITY.

SECTION 5 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 73B-2, PROVIDES THAT PERSONS IN THE GOVERNMENT EMPLOYED AS CONSULTANTS MAY BE ALLOWED TRAVEL EXPENSES WHILE AWAY FROM THEIR HOMES OR REGULAR PLACES OF BUSINESS, INCLUDING PER DIEM IN LIEU OF SUBSISTENCE WHILE AT PLACE OF SUCH EMPLOYMENT.

SINCE THE APPLICABLE STATUTE PROVIDES THAT A CONSULTANT MAY BE ENTITLED TO TRAVEL EXPENSES FROM HIS HOME OR REGULAR PLACE OF BUSINESS AND THE RECORDS IN YOUR OFFICE AT THE TIME LISTED ONLY HIS FULL-TIME BUSINESS ADDRESS IN SKOKIE WE ARE OF THE OPINION THAT YOU WERE CORRECT IN ALLOWING TRAVEL EXPENSES FROM SKOKIE TO HOUSTON AND RETURN.

DR. NICHOLAS GOLOVIN WHILE ON ANNUAL LEAVE IN MIAMI, FLORIDA, INTERRUPTED HIS VACATION TO RETURN TO WASHINGTON TO ATTEND A HALF-DAY MEETING USING A GOVERNMENT TRANSPORTATION REQUEST. HE IS NOW CLAIMING PER DIEM AND TAXICAB FARES INCIDENT TO THE TRAVEL. DR. GOLOVIN SAYS THAT HE HAD MADE ARRANGEMENTS FOR A VACATION IN MIAMI, FLORIDA, AND HAD PAID A DEPOSIT CONFIRMING HIS RESERVATIONS A NUMBER OF WEEKS BEFORE HE WAS REQUESTED TO ATTEND A MEETING OF THE RESEARCH ADVISORY PANEL OF THE COMMITTEE ON SCIENCE AND ASTRONAUTICS OF THE HOUSE OF REPRESENTATIVES IN WASHINGTON, D.C., ON DECEMBER 7, 1964. DR. GOLOVIN INFORMED THE INTERESTED PARTY THAT HE WOULD NOT BE ABLE TO ATTEND THE MEETING SINCE HE WOULD BE ON A VACATION IN MIAMI. BECAUSE OF HIS REQUIRED PRESENCE HE WAS PREVAILED UPON TO FLY UP FOR THE MEETING AND THEN RETURN TO MIAMI.

WHERE AN EMPLOYEE'S LEAVE IS INTERRUPTED FOR TEMPORARY DUTY AT HIS OFFICIAL HEADQUARTERS AND HE IS PERMITTED TO RESUME THE LEAVE STATUS AT THE PLACE WHERE THE LEAVE WAS INTERRUPTED HE MAY BE REIMBURSED THE EXPENSES OF THE ROUND TRIP TO AND FROM HIS HEADQUARTERS. B-107047, DATED JANUARY 14, 1952.

ALSO, THE EMPLOYEE WOULD BE ENTITLED TO REIMBURSEMENT FOR TAXICAB FARES INCIDENT TO THE INVOLVED TRAVEL. HOWEVER, ANY TIPS ALLOWABLE SHOULD BE LIMITED AS PROVIDED IN PARAGRAPH 3.1B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. IT IS NOTED IN THE ENCLOSED VOUCHER THAT DR. GOLOVIN IS CLAIMING 3/4-DAY PER DIEM WHILE PERFORMING THE TEMPORARY DUTY. THE EMPLOYEE WOULD NOT BE ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE AT HIS HEADQUARTERS. HOWEVER, SINCE THE TRAVEL OF THE EMPLOYEE BEGAN BEFORE 6 A.M. AND TOTALED 6 1/2 HOURS IN A TRAVEL STATUS HE WOULD BE ENTITLED TO 1/2-DAY PER DIEM. SEE PARAGRAPHS 6.8 AND 6.11 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

MR. SPURGEON M. KEENY, JR., WHOSE OFFICIAL DUTY STATION WAS WASHINGTON, D.C., DEPARTED FOR LONDON, ENGLAND, BY WAY OF ROCKLAND, MAINE, AND BOSTON, MASSACHUSETTS. THE TRAVEL TO ROCKLAND AND BOSTON WAS FOR PERSONAL REASONS INVOLVING THE USE OF ANNUAL LEAVE. MR. KENNY SAYS THAT THERE WAS SOME UNCERTAINTY AS TO HIS SCHEDULE AND MODE OF TRAVEL FROM WASHINGTON TO BOSTON TO ROCKLAND. HE, THEREFORE, OBTAINED HIS ROUND-TRIP TICKET FROM BOSTON TO LONDON ON A GOVERNMENT TRANSPORTATION REQUEST AND PURCHASED SEPARATELY A TICKET FROM WASHINGTON TO BOSTON TO ROCKLAND. HE DEPARTED BOSTON ON SEPTEMBER 9, 1964, ARRIVING IN LONDON THE FOLLOWING DAY. THE RETURN PORTION OF THE TRIP TICKET FROM LONDON TO BOSTON WAS CANCELED SINCE THE EMPLOYEE USED MILITARY AIR TRANSPORTATION ON THE RETURN TRIP. RETURNING TO THE UNITED STATES THE FILE SHOWS THAT THE TRAVEL WAS TERMINATED AT HARTFORD, CONNECTICUT, WHERE THE ACTUAL TRAVEL COSTS ENDED. THE EMPLOYEE IS CLAIMING REIMBURSEMENT OF THE CONSTRUCTIVE TRAVEL COST FROM WASHINGTON, D.C., TO LONDON, ENGLAND, AND RETURN VIA NEW YORK WHICH THE RECORD INDICATES IS LESS THAN THE ACTUAL TRAVEL COSTS.

WE HAVE HELD THAT EMPLOYEES TRAVELING ON OFFICIAL BUSINESS USING AN INDIRECT ROUTE FOR PERSONAL CONVENIENCE ARE ENTITLED TO REIMBURSEMENT OF TRAVEL EXPENSES INCURRED NOT TO EXCEED WHAT WOULD HAVE BEEN INCURRED BY THE USUALLY TRAVELED ROUTE. SEE 22 COMP. GEN. 1109.

APPARENTLY, THE ANNUAL LEAVE TAKEN BY THE EMPLOYEE WAS IN ANTICIPATION OF THE TRAVEL ON TO LONDON AND WOULD NOT AFFECT THE APPLICATION OF THE ABOVE RULE. UNDER THE CIRCUMSTANCES AND BASED ON THE FIGURES SHOWN IN MR. KEENY'S VOUCHER, IT APPEARS THAT HE IS ENTITLED TO THE $21.40 AS CLAIMED.