B-160985, MAR. 17, 1967

B-160985: Mar 17, 1967

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THE EMPLOYEE IN QUESTION WAS AUTHORIZED TO TRAVEL FROM WASHINGTON. (X) PRIVATELY-OWNED VEHICLE (X) AUTO RATE PER MILE TEN CENTS (1) (X) DETERMINED MORE ADVANTAGEOUS TO THE GOVERNMENT (JUSTIFY IN ITEM 14) THE EMPLOYEE ORIGINALLY CLAIMED PER DIEM AT THE RATE OF $16 PER DAY FOR THE ENTIRE PERIOD HE WAS AWAY FROM HIS OFFICIAL STATION IN WASHINGTON INCIDENT TO ATTENDING THE SCHOOL IN QUESTION. HIS CLAIM WAS ALLOWED IN THE AMOUNT OF $16 PER DAY FOR 30 DAYS AND $11 PER DAY FOR 70 DAYS. HIS CLAIM IS PREDICATED UPON THE ASSUMPTION THAT HIS TRAVEL TO WASHINGTON. THE TIME THE EMPLOYEE'S ORDERS WERE WRITTEN IT WAS CLEARLY STATED THEREIN THAT HE WOULD RETURN TO WASHINGTON. THE CLAIMANT POINTS OUT THAT HE WOULD NOT HAVE BEEN PERMITTED TO PARK ON THE CAMPUS EXCEPT BY PAYMENT OF SUCH FEE.

B-160985, MAR. 17, 1967

TO AUTHORIZED CERTIFYING OFFICER:

WE REFER TO YOUR LETTER OF MARCH 2, 1967, REQUESTING A DECISION CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT A RECLAIM TRAVEL VOUCHER IN FAVOR OF MR. KENNETH A. MEYERS, AN EMPLOYEE OF THE MARITIME ADMINISTRATION, ON WHICH HE CLAIMS ADDITIONAL PAYMENT OR REIMBURSEMENT AS FOLLOWS:

PER DIEM $350.

PARKING FEES 20.

UNIVERSITY PARTICIPATION FEE 10.

BY TRAVEL ORDER DATED AUGUST 18, 1966, THE EMPLOYEE IN QUESTION WAS AUTHORIZED TO TRAVEL FROM WASHINGTON, D.C., TO BOSTON, MASSACHUSETTS,FOR THE PURPOSE OF ATTENDING HARVARD UNIVERSITY, GRADUATE SCHOOL OF BUSINESS ADMINISTRATION'S PROGRAM FOR MANAGEMENT DEVELOPMENT FROM AUGUST 28 TO DECEMBER 16, 1966. SUCH ORDER PROVIDED FOR THE EMPLOYEE'S RETURN TO WASHINGTON, D.C. DURING THREE SCHOOL RECESS PERIODS AND THAT THE EMPLOYEE WOULD BE ENTITLED TO A PER DIEM ALLOWANCE OF $16 FOR THE FIRST 30 DAYS AND $11 FOR EACH DAY THEREAFTER.

UNDER PARAGRAPH 11 ENTITLED "MODE OF TRANSPORATION" THE TRAVEL ORDER PROVIDES AS FOLLOWS:

A. (X) COMMON CARRIER

(X) OTHER THAN AIR FIRST CLASS

B. (X) PRIVATELY-OWNED VEHICLE

(X) AUTO RATE PER MILE TEN CENTS

(1) (X) DETERMINED MORE ADVANTAGEOUS TO THE

GOVERNMENT (JUSTIFY IN ITEM 14)

THE EMPLOYEE ORIGINALLY CLAIMED PER DIEM AT THE RATE OF $16 PER DAY FOR THE ENTIRE PERIOD HE WAS AWAY FROM HIS OFFICIAL STATION IN WASHINGTON INCIDENT TO ATTENDING THE SCHOOL IN QUESTION. HIS CLAIM WAS ALLOWED IN THE AMOUNT OF $16 PER DAY FOR 30 DAYS AND $11 PER DAY FOR 70 DAYS. HE NOW CLAIMS TO BE ENTITLED TO AN ADDITIONAL AMOUNT OF $5 PER DAY FOR EACH OF THE 70 DAYS. HIS CLAIM IS PREDICATED UPON THE ASSUMPTION THAT HIS TRAVEL TO WASHINGTON, D.C. DURING THE SCHOOL RECESS PERIODS OPERATED TO START A NEW 30-DAY PER DIEM PERIOD AT THE $16 RATE AFTER HIS RETURN TO THE SCHOOL FROM EACH SUCH BREAK (RECESS PERIOD). WE DO NOT CONCUR IN SUCH VIEW. THE TIME THE EMPLOYEE'S ORDERS WERE WRITTEN IT WAS CLEARLY STATED THEREIN THAT HE WOULD RETURN TO WASHINGTON, D.C. FOR BRIEF PERIODS WHEN THE SCHOOL RECESSES OCCURRED. NEVERTHELESS THE ORDERS SPECIFIED THAT REIMBURSEMENT WOULD BE MADE AT THE $16-RATE FOR 30 DAYS ONLY, AND AT THE $11-RATE THEREAFTER, WITH NO INDICATION THAT EACH RECESS WOULD START A NEW 30-DAY PERIOD. THUS, IT SEEMS REASONABLE TO CONCLUDE THAT THE REDUCTION IN THE PER DIEM HAD RELATION TO THE ENTIRE PERIOD OF THE TRAINING COURSE AFTER THE FIRST 30 DAYS THEREOF.

CONCERNING THE CLAIM FOR $20 MANDATORY PARKING FEE, THE CLAIMANT POINTS OUT THAT HE WOULD NOT HAVE BEEN PERMITTED TO PARK ON THE CAMPUS EXCEPT BY PAYMENT OF SUCH FEE. MOREOVER, THE CLAIMANT'S ORDERS INDICATE THAT IT WAS ADMINISTRATIVELY DETERMINED TO BE ADVANTAGEOUS TO THE UNITED STATES FOR THE CLAIMANT TO TRAVEL BY PRIVATELY OWNED AUTOMOBILE. UNDER THE CIRCUMSTANCES WE WOULD HAVE NO OBJECTION TO THE ALLOWING OF THE $20 PARKING FEE.

AS TO THE $10 UNIVERSITY PARTICIPATION FEE, WE NOTE THAT THE EXPLANATION OF THE CLAIMANT FAILS TO INDICATE THAT SUCH FEE WAS A NECESSARY COST DIRECTLY RELATED TO THE TRAINING, NOR HAS SUCH FEE BEEN OTHERWISE APPROVED ON THAT BASIS. THEREFORE, REIMBURSEMENT OF THE FEE IS NOT ALLOWABLE ON THE BASIS OF THE PRESENT RECORD. SEE IN THIS CONNECTION 5 U.S.C 4109.

ACCORDINGLY, THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT SUBJECT TO THE CONDITIONS AND ONLY TO THE EXTENT INDICATED ABOVE.