B-159864, OCT. 11, 1966

B-159864: Oct 11, 1966

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WERE ISSUED FOR YOUR TRAVEL AND TRANSPORTATION OF YOUR DEPENDENTS AND HOUSEHOLD GOODS AND EFFECTS FROM CLEVELAND TO FORT WAYNE. YOU WERE GIVEN GENERAL TRAVEL ORDER (GTO) COVERING THE 17 STATES WHICH COMPRISE THE CENTRAL DISTRICT. WHILE YOUR IMMEDIATE DUTY POINT WAS FORT WAYNE AND YOU PERFORMED SOME TRAVEL IN AND AROUND THAT POINT. YOU WERE INFORMED THAT YOUR PRINCIPAL WORK AREA (OFFICIAL STATION) EVENTUALLY WOULD BE IN THE FACILITIES PROVIDED BY THE CONTRACTOR. YOU WERE ORDERED ORALLY TO YOUR ASSIGNED OFFICIAL DUTY STATION AT WABASH. WERE ISSUED AS CONFIRMATORY AUTHORIZATION OF TEMPORARY ADDITIONAL DUTY (WITHIN THE 17 STATES) IN CONNECTION WITH YOUR ASSIGNED DUTIES AT WABASH. YOU SAY THAT YOUR OFFICIAL STATION ASSIGNMENT TO WABASH WAS "AN ILLEGAL TRANSFER.'.

B-159864, OCT. 11, 1966

TO MR. MURRAY B. CAMPBELL:

YOUR LETTER OF JULY 26, 1966, APPEALS OUR CLAIMS DIVISION SETTLEMENT OF JULY 22, 1966, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM IN LIEU OF SUBSISTENCE FOR TRAVEL YOU PERFORMED DURING THE PERIOD JANUARY 7 TO OCTOBER 1, 1965, AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY.

PRIOR TO THAT PERIOD, INCIDENT TO A REDUCTION IN FORCE OF THE QUALITY ASSURANCE DEPARTMENT AT CLEVELAND, OHIO (INSMAT), YOU ACCEPTED A TWO-GRADE PROMOTION (GS-7 TO GS-9) INCIDENT TO TRANSFER, FOR WHICH A STANDARD FORM 50 "NOTIFICATION OF PERSONNEL ACTION" AND TRAVEL ORDER NO. 0.341, BOTH DATED DECEMBER 1, 1964, WERE ISSUED FOR YOUR TRAVEL AND TRANSPORTATION OF YOUR DEPENDENTS AND HOUSEHOLD GOODS AND EFFECTS FROM CLEVELAND TO FORT WAYNE, INDIANA (BRINSMAT), UNDER ADMINISTRATIVE JURISDICTION OF THE SUPERVISORY INSPECTOR OF NAVAL MATERIAL (SUPINSMAT, CENTRAL DISTRICT), CHICAGO, ILLINOIS.

AFTER YOU ARRIVED AT THE FORT WAYNE OFFICE ON DECEMBER 7, 1964, YOU WERE GIVEN GENERAL TRAVEL ORDER (GTO) COVERING THE 17 STATES WHICH COMPRISE THE CENTRAL DISTRICT. WHILE YOUR IMMEDIATE DUTY POINT WAS FORT WAYNE AND YOU PERFORMED SOME TRAVEL IN AND AROUND THAT POINT, INCLUDING SOME TEMPORARY DUTY TRAVEL TO AND FROM WABASH, INDIANA, YOU WERE INFORMED THAT YOUR PRINCIPAL WORK AREA (OFFICIAL STATION) EVENTUALLY WOULD BE IN THE FACILITIES PROVIDED BY THE CONTRACTOR, MINNEAPOLIS-HONEYWELL, INC., AT WABASH, INDIANA. ON OR ABOUT JANUARY 7, 1965, YOU WERE ORDERED ORALLY TO YOUR ASSIGNED OFFICIAL DUTY STATION AT WABASH. WRITTEN ORDERS (GTO) DATED JANUARY 7, 1965, WERE ISSUED AS CONFIRMATORY AUTHORIZATION OF TEMPORARY ADDITIONAL DUTY (WITHIN THE 17 STATES) IN CONNECTION WITH YOUR ASSIGNED DUTIES AT WABASH.

YOU SAY THAT YOUR OFFICIAL STATION ASSIGNMENT TO WABASH WAS "AN ILLEGAL TRANSFER.' ALSO, YOU SAY, A CIVIL SERVICE COMMISSION REGULATION STATES THAT PERSONNEL INVOLVED IN A REDUCTION-IN-FORCE ACTION "MAY BE TRANSFERRED TO A JOB WHICH MUST LAST 90 DAYS.' WE HAVE CAREFULLY READ THE COMMISSION'S REGULATION ON REDUCTION IN FORCE, 5 CFR, PART 351, AND THE COMMISSION'S INSTRUCTIONS IN FEDERAL PERSONNEL MANUAL CHAPTER 351, BUT DO NOT FIND A PROVISION WHICH HAS THE MEANING OR INTENT THAT YOU GIVE IN YOUR ABOVE-QUOTED STATEMENT. COMPARE 5 CFR 351.301, TRANSFER OF EMPLOYEES, AND 351.605, LIQUIDATION PROVISIONS, AND OTHER REGULATORY PROVISIONS TO WHICH THOSE SECTIONS RELATE. MOREOVER, WE NOTE FROM YOUR CLAIM THAT YOUR WORK LARGELY WAS PERFORMED EACH MONTH (JANUARY THROUGH SEPTEMBER 1965) AT THE HONEYWELL SITE, AS COMPARED WITH YOUR TRAVEL INTERMITTENTLY TO TEMPORARY DUTY POINTS IN THE VICINITY OF WABASH AND FORTH WAYNE DURING THOSE NINE MONTHS.

THE LAW GOVERNING TRANSFERS OF EMPLOYEES FROM ONE OFFICIAL STATION TO ANOTHER HAS LONG BEEN CONSIDERED TO RELATE TO CHANGE OF PERMANENT DUTY STATION AND DOES NOT RELATE TO THE TENURE OF APPOINTMENT OF THE TRANSFERRED EMPLOYEE. 27 COMP. GEN. 757. NEITHER THAT LAW NOR THE REGULATIONS ISSUED THEREUNDER RELATE TO A SINGLE CONTRACTOR SITUATION AS YOU IMPLY. THE RECORD SHOWS YOUR OFFICIAL STATION ASSIGNMENT WAS CONTINUED AT WABASH UNTIL YOU TRANSFERRED TO THE DEFENSE CONTRACT ADMINISTRATIVE SERVICES REGION, CLEVELAND, OHIO, ON MAY 6, 1966.

AS TO THE CONTINUANCE OF YOUR OFFICIAL STATION AT WABASH--- DESPITE YOUR PROTESTS THEREOF AND YOUR FAILURE TO MOVE YOUR DEPENDENTS AND HOUSEHOLD GOODS TO THAT POINT--- THE RULE IS THAT THE EMPLOYEE'S OFFICIAL HEADQUARTERS FOR PER DIEM PURPOSES IS THE PLACE WHERE THE EMPLOYEE IS REQUIRED TO SPEND MOST OF HIS WORKING TIME AND FROM THAT PLACE (OFFICIAL DUTY STATION) THE EMPLOYEE WILL PERFORM ANY AUTHORIZED TEMPORARY DUTY TRAVEL. 31 COMP. GEN. 289.

YOUR CLAIM SHOWS YOU WORKED 85 DAYS AT THE HONEYWELL SITE DURING THE 266 CALENDAR DAYS (JANUARY 7 THROUGH SEPTEMBER 30, 1965) OF YOUR CLAIM. DURING THOSE 85 DAYS YOU PERFORMED NO OFFICIAL TRAVEL AWAY FROM WABASH. FOR MOST OF THE PERIOD OF YOUR CLAIM (INCLUDING THOSE 85 DAYS) THE MILEAGE CLAIMED FOR "LOCAL TRAVEL" REPRESENTS THE TWO MILES DAILY COMMUTING DISTANCE FROM YOUR LODGINGS TO THE HONEYWELL SITE AT WABASH.

AS TO THE OTHER DAYS OF THE PERIOD FOR WHICH YOU CLAIM "OTHER MILEAGE" AND "TOLLS," 91 DAYS REPRESENT ROUND TRIPS EACH WEEKEND AND OCCASIONAL HOLIDAYS FROM WABASH TO CLEVELAND. WE FIND NO EVIDENCE THAT YOU WERE ORDERED TO PERFORM ANY OFFICIAL DUTY AT CLEVELAND OR OTHERWISE ON SUCH WEEKENDS DURING THE WHOLE PERIOD.

YOU MAY BE ASSURED THAT WE HAVE CAREFULLY REVIEWED EACH OF THE DOCUMENTS SUBMITTED WITH YOUR CLAIM OR OBTAINED FROM THE ADMINISTRATIVE OFFICES CONCERNED INCLUDING THOSE TO WHICH YOUR LETTER OF JULY 26 REFERS. OUR OPINION IS THAT THE RECORD REASONABLY ESTABLISHES THAT, IN FACT, YOUR HEADQUARTERS FOR PER DIEM PURPOSES WAS AT WABASH DURING THE PERIOD COVERED BY YOUR CLAIM.

WE NOTE YOUR SUGGESTION THAT YOUR FILE OF RECORDS IS AVAILABLE FOR REVIEW BY CLEVELAND REPRESENTATIVES OF THIS OFFICE. ALTHOUGH THE ADMINISTRATIVE OFFICE HAS SUBMITTED A FILE ON THE SUBJECT OF YOUR CLAIM YOU ARE AT LIBERTY TO SUBMIT TO OUR WASHINGTON OFFICE ANY DOCUMENTS WHICH YOU BELIEVE SUPPORT YOUR CLAIM. SUCH DOCUMENTS WILL BE RETURNED IF YOU SO REQUEST.

THEREFORE, AS WE FIND NO LEGAL BASIS FOR ALLOWANCE OF ANY PART OF YOUR CLAIM, BASED ON THE PRESENT RECORD, THE SETTLEMENT OF JULY 22, 1966, IS SUSTAINED.