B-160180, OCT. 31, 1966

B-160180: Oct 31, 1966

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THE REGIONAL OFFICE AT MIAMI WAS CLOSED AND PERSONNEL ACTION REASSIGNING MR. MYERS FROM MIAMI TO NEW YORK CITY WAS EFFECTIVE MAY 27. WAS ISSUED TO EFFECT CHANGE OF STATION FROM MIAMI TO NEW YORK AND DIRECTED MR. WAS ISSUED CHANGING MR. THE PERSONNEL ACTION EFFECTIVE MAY 27 WAS CANCELLED JULY 11. A NEW ACTION WAS ISSUED SHOWING REASSIGNMENT FROM MIAMI TO WASHINGTON. BEFORE TRAVEL WAS COMMENCED TO WASHINGTON. MYERS WAS DIRECTED BY TRAVEL ORDER NO. 182. IT IS SAID THAT MR. MYERS WAS INFORMED PRIOR TO HIS ORIGINAL DEPARTURE FROM MIAMI THAT THE OFFICE WAS BEING CLOSED AND THAT HE WOULD BE ASSIGNED TO A NEW OFFICE. OUR OFFICE HAS CONSISTENTLY HELD THAT AN EMPLOYEE'S HEADQUARTERS OR POST OF DUTY FOR TRAVEL AND PER DIEM PURPOSES IS REQUIRED TO BE THE PLACE AT WHICH HE EXPECTS.

B-160180, OCT. 31, 1966

TO AUTHORIZED CERTIFYING OFFICER, CIVIL AERONAUTICS BOARD:

YOUR LETTER OF SEPTEMBER 29, 1966, B-28, WITH ENCLOSURES,REQUESTS OUR DECISION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT A VOUCHER DRAWN IN FAVOR OF MR. GEORGE L. MYERS FOR PER DIEM IN LIEU OF SUBSISTENCE FOR THE PERIOD JULY 11, 1966, THROUGH JULY 29, 1966.

THE INFORMATION FURNISHED SHOWS THAT MR. MYERS WITH A PERMANENT DUTY STATION IN MIAMI, FLORIDA, ARRIVED IN ATLANTA, GEORGIA, ON APRIL 3, 1966, FOR APPROXIMATELY 90 DAYS TEMPORARY DUTY UNDER NOTIFICATION OF TRAVEL ORDER NO. 198, DATED APRIL 1, 1966. ON JUNE 3, 1966, THE REGIONAL OFFICE AT MIAMI WAS CLOSED AND PERSONNEL ACTION REASSIGNING MR. MYERS FROM MIAMI TO NEW YORK CITY WAS EFFECTIVE MAY 27, 1966. TRAVEL ORDER NO. 520, DATED MAY 5, 1966, WAS ISSUED TO EFFECT CHANGE OF STATION FROM MIAMI TO NEW YORK AND DIRECTED MR. MYERS TO PROCEED UPON COMPLETION OF TEMPORARY DUTY IN ATLANTA TO HIS NEW HEADQUARTERS. PRIOR TO COMPLETION OF THE TEMPORARY DUTY IN ATLANTA, TRAVEL ORDER NO. 241, DATED JUNE 13, 1966, CANCELLING PREVIOUS TRAVEL ORDER NO. 520, WAS ISSUED CHANGING MR. MYERS' OFFICIAL STATION TO WASHINGTON, D.C., AND DIRECTED HIM TO PROCEED THERE UPON COMPLETION OF TEMPORARY DUTY IN ATLANTA. THE PERSONNEL ACTION EFFECTIVE MAY 27 WAS CANCELLED JULY 11, 1966, AND A NEW ACTION WAS ISSUED SHOWING REASSIGNMENT FROM MIAMI TO WASHINGTON, D.C., EFFECTIVE JULY 3, 1966. HOWEVER, BEFORE TRAVEL WAS COMMENCED TO WASHINGTON, D.C., MR. MYERS WAS DIRECTED BY TRAVEL ORDER NO. 182, DATED JULY 13, 1966, TO TRAVEL TO MIAMI FOR TEMPORARY DUTY AND THEN PROCEED TO WASHINGTON, D.C. MR. MYERS ARRIVED IN MIAMI ON JULY 11, 1966, AND AFTER COMPLETING THE TEMPORARY DUTY PROCEEDED TO HIS HEADQUARTERS IN WASHINGTON, D.C., ARRIVING THERE JULY 29, 1966. IT IS SAID THAT MR. MYERS WAS INFORMED PRIOR TO HIS ORIGINAL DEPARTURE FROM MIAMI THAT THE OFFICE WAS BEING CLOSED AND THAT HE WOULD BE ASSIGNED TO A NEW OFFICE. IN VIEW THEREOF, HE GAVE UP HIS RESIDENCE IN MIAMI AND TOOK ALL HIS PERSONAL BELONGINGS TO ATLANTA.

OUR OFFICE HAS CONSISTENTLY HELD THAT AN EMPLOYEE'S HEADQUARTERS OR POST OF DUTY FOR TRAVEL AND PER DIEM PURPOSES IS REQUIRED TO BE THE PLACE AT WHICH HE EXPECTS, AND IS EXPECTED, INDEFINITELY TO SPEND THE GREATER PART OF HIS TIME--- WHERE NORMALLY HIS RESIDENCE WOULD BE ESTABLISHED AND WHERE THERE WOULD BE NO EXTRA SUBSISTENCE EXPENSES TO BE INCURRED OR TO BE REIMBURSED THROUGH THE MEDIUM OF A PER DIEM. THE ACTUAL FACTS ARE CONTROLLING IN EACH CASE. SEE 25 COMP. GEN. 136; ID. 461; 19 ID. 347; 18 ID. 423.

SINCE MR. MYERS HAD BEEN INFORMED PRIOR TO HIS DEPARTURE FOR TEMPORARY DUTY AT ATLANTA THAT THE MIAMI OFFICE WAS BEING CLOSED AND IT ACTUALLY WAS CLOSED, AND THAT HE CLOSED HIS RESIDENCE IN MIAMI AND TOOK ALL HIS PERSONAL BELONGINGS WITH HIM, IT MAY BE CONCLUDED MIAMI WAS NOT IN FACT MR. MYERS' HEADQUARTERS FOR TRAVEL AND PER DIEM PURPOSES DURING THE PERIOD JULY 11 THROUGH 29, 1966. SEE B-131736, DATED JUNE 25, 1957.

THEREFORE, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.

CONCERNING YOUR QUESTION AS TO THE AMOUNT THAT MAY BE ALLOWED FOR TRAVEL VIA PRIVATELY OWNED AUTOMOBILE FROM MIAMI TO WASHINGTON, D.C., IT MAY BE STATED THAT SINCE MR. MYERS WAS AWARE BEFORE LEAVING MIAMI THAT HIS OFFICIAL HEADQUARTERS WAS BEING TRANSFERRED TO ONE OF THREE LOCATIONS HE MUST BE REGARDED AS HAVING TRAVELLED TO EFFECT A CHANGE OF PERMANENT HEADQUARTERS WITH TEMPORARY DUTY EN ROUTE. THUS, THE DIRECT MILEAGE FROM MIAMI TO WASHINGTON WOULD BE FOR PAYMENT AT THE RATE OF SIX CENTS PER MILE AS SPECIFIED IN TRAVEL ORDER NO. 241, AND BUREAU OF THE BUDGET CIRCULAR NO. A-56, TRANSMITTAL MEMORANDUM NO. 5, DATED JULY 30, 1965. ANY ADDITIONAL MILEAGE RESULTING FROM THE TEMPORARY DUTY WOULD BE PAYABLE AT THE MILEAGE RATE AUTHORIZED BY YOUR AGENCY FOR TEMPORARY DUTY TRAVEL.