B-160884, APR. 14, 1967

B-160884: Apr 14, 1967

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THE AMOUNT IN QUESTION REPRESENTS PER DIEM SAVINGS WHICH NORMALLY COULD HAVE BEEN CLAIMED BY ANOTHER EMPLOYEE OF YOUR OFFICE WHO TRAVELLED WITH MR. SUCH TRAVEL WAS A VOLUNTARY ROUND TRIP FOR WHICH MR. INFORMATION FURNISHED US INFORMALLY BY YOUR OFFICE IS THAT NEITHER OF THESE EMPLOYEES' TRAVEL ORDERS REQUIRED THAT THEY RETURN TO HEADQUARTERS OVER WEEKENDS. THAT NEITHER OF THEM CLAIMED OR WAS CREDITED WITH "SAVED" PER DIEM FOR THE DAY OF ANNUAL LEAVE ON SEPTEMBER 6. YOUR OFFICE VERIFIED THAT THESE EMPLOYEES WERE ALLOWED THE PER DIEM THAT EACH CLAIMED FOR HIS TRAVEL TIME (1/2-DAY. THE TRAVELER WILL BE ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE EXPENSES UNTIL MIDNIGHT OF THE LAST DAY PRECEDING THE LEAVE OF ABSENCE AND FROM 12:01 A.M.

B-160884, APR. 14, 1967

TO AUTHORIZED CERTIFYING OFFICER:

YOUR LETTER OF FEBRUARY 14, 1967, REQUESTS OUR ADVICE WHETHER MR. WALTER M. KEEFE PROPERLY MAY BE ALLOWED THE AMOUNT OF $35.75 CLAIMED ON THE ENCLOSED VOUCHER.

THE AMOUNT IN QUESTION REPRESENTS PER DIEM SAVINGS WHICH NORMALLY COULD HAVE BEEN CLAIMED BY ANOTHER EMPLOYEE OF YOUR OFFICE WHO TRAVELLED WITH MR. KEEFE IN MR. KEEFE'S AUTOMOBILE FOR PURPOSE OF THEIR WEEKEND RETURN TO HEADQUARTERS. SUCH TRAVEL WAS A VOLUNTARY ROUND TRIP FOR WHICH MR. KEEFE CLAIMS MILEAGE (972 MILES), HAVING DEPARTED FROM HIS TEMPORARY DUTY STATION AT 5:30 P.M. CST, FRIDAY, SEPTEMBER 2, 1966, AND RETURNED THERETO AT 9:45 P.M. CST, TUESDAY, SEPTEMBER 6, 1966, AFTER THE MONDAY HOLIDAY, SEPTEMBER 5, 1966. THEY BOTH TOOK ANNUAL LEAVE TO RETURN TO THEIR TEMPORARY DUTY STATION ON SEPTEMBER 6, 1966.

INFORMATION FURNISHED US INFORMALLY BY YOUR OFFICE IS THAT NEITHER OF THESE EMPLOYEES' TRAVEL ORDERS REQUIRED THAT THEY RETURN TO HEADQUARTERS OVER WEEKENDS, OR THAT THEY PERFORM OFFICIAL TRAVEL TOGETHER, AND THAT NEITHER OF THEM CLAIMED OR WAS CREDITED WITH "SAVED" PER DIEM FOR THE DAY OF ANNUAL LEAVE ON SEPTEMBER 6. ALSO, YOUR OFFICE VERIFIED THAT THESE EMPLOYEES WERE ALLOWED THE PER DIEM THAT EACH CLAIMED FOR HIS TRAVEL TIME (1/2-DAY, 5:30 P.M. CST, SEPTEMBER 2, TO 2 A.M. MST, SEPTEMBER 3) TO HEADQUARTERS.

SECTION 6 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS (SGTR) PROVIDES AS FOLLOWS:

"6.3 LEAVE OR ABSENCE. - * * * IF LEAVE OF ABSENCE DOES NOT BEGIN OR TERMINATE WITHIN THE TRAVELER'S PRESCRIBED HOURS OF DUTY, THE TRAVELER WILL BE ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE EXPENSES UNTIL MIDNIGHT OF THE LAST DAY PRECEDING THE LEAVE OF ABSENCE AND FROM 12:01 A.M. OF THE DAY FOLLOWING THE LEAVE OF ABSENCE.

"A TRAVELER WILL BE CONSIDERED TO BE IN SUBSISTENCE STATUS ON NONWORK DAYS UNLESS HE RETURNS TO HIS OFFICIAL STATION OR PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION, OR UNLESS SUCH NONWORK DAY IS IMMEDIATELY PRECEDED AND FOLLOWED BY LEAVE OF ABSENCE: PROVIDED, THAT PER DIEM IN LIEU OF SUBSISTENCE MAY NOT BE PAID FOR MORE THAN 2 NONWORK DAYS WHERE THE LEAVE OF ABSENCE IS IMMEDIATELY PRECEDED AND FOLLOWED BY NONWORK DAYS/S).

"6.4 RETURN TO OFFICIAL STATION. - AT THE DISCRETION OF THE ADMINISTRATIVE OFFICIALS A TRAVELER MAY BE REQUIRED TO RETURN TO HIS OFFICIAL STATION FOR NONWORK DAYS. IN CASES OF VOLUNTARY RETURN OF A TRAVELER FOR NONWORK DAYS TO HIS OFFICIAL STATION, OR HIS PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION THE MAXIMUM REIMBURSEMENT ALLOWABLE FOR THE ROUND-TRIP TRANSPORTATION AND PER DIEM EN ROUTE WILL BE THE TRAVEL EXPENSE WHICH WOULD HAVE BEEN ALLOWABLE HAD THE TRAVELER REMAINED AT HIS TEMPORARY DUTY STATION.'

THE MAXIMUM REIMBURSEMENT ALLOWABLE CONSTRUCTIVELY UNDER SECTION 6.4 IS THE COMPARATIVE VALUE OF 3 1/4 DAYS' PER DIEM WHICH WOULD HAVE BEEN PAYABLE TO EACH OF THE EMPLOYEES HAD THEY REMAINED AT THEIR TEMPORARY DUTY STATION, OR A TOTAL OF $84.50. SEE 31 COMP. GEN. 144. THE DAY OF ANNUAL LEAVE, SEPTEMBER 6, FOLLOWING THE THREE NONWORKDAYS IN THIS TYPE OF CASE IS TO BE EXCLUDED FROM THE CONSTRUCTIVE COMPUTATION.

THUS, AS TO BOTH EMPLOYEES EACH HAVING CLAIMED AND BEEN PAID $6.50 FOR TRAVEL TIME TO HEADQUARTERS, THE TOTAL PER DIEM "SAVED" UNDER AUTHORITY OF SECTION 6.4 IS 471.50 ($84.50 MINUS $13). ON THE ORIGINAL PAID VOUCHER (NO. P 572-03) MR. KEEFE WAS ENTITLED TO CLAIM MILEAGE UP TO BUT NOT EXCEEDING THE SUM OF $71.50.

THE CASE MENTIONED IN YOUR LETTER AND BY MR. KEEFE ON HIS RECLAIM VOUCHER WAS AN INTRA-OFFICE MEMORANDUM AND, THEREFOR, NO DISTRIBUTION OF THE CASE WAS MADE.

SINCE MR. KEEFE WAS ONLY PAID $35.75 ON VOUCHER NO. P 572-03 FOR THE RETURN TO HEADQUARTERS, THE RECLAIM VOUCHER FOR AN ADDITIONAL $35.75 IS RETURNED HEREWITH AND MAY BE CERTIFIED FOR PAYMENT AS A PART OF THE MILEAGE COST ALLOWABLE UNDER SECTION 6.4 OF THE STANDARIZED GOVERNMENT TRAVEL REGULATIONS.