B-161878, JUL. 21, 1967

B-161878, JUL. 21, 1967

EMPLOYEES - TRANSFERS - PUBLIC LAW 89-516 - TEMPORARY LODGING DECISION TO CERTIFYING OFFICER OF BUREAU OF MINES AUTHORIZING CERTIFICATION OF VOUCHER FOR TEMPORARY LODGING ON DAY OF ARRIVAL OF EMPLOYEE AND FAMILY AT NEW PERMANENT DUTY STATION WHICH CLAIM HAD BEEN ADMINISTRATIVELY DISALLOWED BECAUSE EXPENSE WAS COVERED BY PER DIEM. HOWEVER UNDER SEC. 6, SGTR PER DIEM IS NOT INTENDED TO COVER EXPENSES AFTER ARRIVAL ABD SINCE EMPLOYEE DID NOT RECEIVE PER DIEM FOR FULL DAY, EXPENSES FOR TEMPORARY LODGING MAY BE ALLOWED.

TO MRS. JEANNETTE B. WILBANKS, AUTHORIZED CERTIFYING OFFICER, WESTERN ADMINISTRATIVE OFFICE, BUREAU OF MINES, UNITED STATES DEPARTMENT OF THE INTERIOR:

WE REFER TO YOUR LETTER OF JUNE 16, 1967, FORWARDING FOR OUR ADVANCE DECISION THE RECLAIM TRAVEL VOUCHER OF MR. ERNEST K. KLEESPIES, AN EMPLOYEE OF THE BUREAU OF MINES, UNITED STATES DEPARTMENT OF THE INTERIOR, TO REIMBURSE HIM FOR THE ACTUAL COST OF THE LODGINGS HE AND HIS FAMILY OCCUPIED THE NIGHT THEY ARRIVED AT HIS NEW DUTY STATION, RENO, NEVADA, IN CONNECTION WITH A PERMANENT CHANGE OF DUTY STATION FROM BOULDER CITY, NEVADA, WHICH WAS EFFECTIVE AUGUST 9, 1966.

MR. KLEESPIES AND HIS FAMILY LEFT BOULDER CITY BY PRIVATELY OWNED AUTOMOBILE AT 2 P.M. ON AUGUST 8 AND ARRIVED IN RENO AT 12:30 A.M; AUGUST 9. UPON ARRIVAL MR. KLEESPIES OBTAINED TEMPORARY LODGING FOR HIMSELF AND HIS FAMILY AT A COST OF $12.60. HE CLAIMED REIMBURSEMENT OF THAT COST ON HIS ORIGINAL VOUCHER AS AN ITEM OF SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS UNDER SECTION 23/3) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS ADDED BY THE ACT OF JULY 21, 1966, PUB. L. 89516, 80 STAT. 323, AND SECTION 2.5 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966. REIMBURSEMENT WAS DISALLOWED ON THE BASIS THAT THE EXPENSE WAS COVERED BY THE PER DIEM IN LIEU OF SUBSISTENCE PAID MR. KLEESPIES AND HIS FAMILY FORONE-HALF DAY BEGINNING AT 2 P.M; AUGUST 8, UNDER SECTIONS 2.1 AND 2.2 OF CIRCULAR NO. A-56 AND SECTION 6.11 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. ON MARCH 30, 1967, MR. KLEESPIES SUBMITTED A RECLAIM VOUCHER FOR THE $12.60 DISALLOWED.

IN THE DECISION OF MAY 31, 1967, B-161348, A COPY OF WHICH IS ENCLOSED, IT WAS SAID THAT PER DIEM IN LIEU OF SUBSISTENCE PAID IN ACCORDANCE WITH SECTION 6 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS (TRAVEL PER DIEM) IS NOT INTENDED TO COVER EXPENSES INCURRED AFTER THE EMPLOYEE ARRIVES AT HIS NEW DUTY STATION. THUS, IT WAS HELD THAT AN EMPLOYEE IS ELIGIBLE FOR REIMBURSEMENT OF HIS ACTUAL EXPENSES OF SUBSISTENCE UNDER SECTION 2.5 OF CIRCULAR NO. A-56 FROM THE TIME HE ARRIVES AT HIS NEW DUTY STATION TO THE TIME HE OCCUPIES PERMANENT QUARTERS SUBJECT TO THE APPLICABLE TIME AND EXPENSE LIMITATIONS. IN THIS CASE, AS IN B-161348, THE TRAVEL WAS LESS THAN 24 HOURS. THE EMPLOYEE HERE INVOLVED RECEIVED PER DIEM IN LIEU OF SUBSISTENCE FOR ONE-HALF DAY COVERING THE PERIOD 2 P.M; AUGUST 8, TO 12:30 A.M; AUGUST 9, 1966. HE DID NOT RECEIVE SUCH REGULAR PER DIEM FOR THE FULL QUARTER DAY 12 MIDNIGHT TO 6 A.M. ON AUGUST 9. THEREFORE, THE EXPENSES FOR TEMPORARY LODGING ARE TO BE COMPUTED FOR THE FULL DAY AUGUST 9. THUS, THE EXPENSE HERE INVOLVED MAY BE PAID AS A TEMPORARY LODGING EXPENSE UNDER THE AUTHORITY OF SECTION 2.5 OF CIRCULAR NO. A 56, PROVIDED THE TOTAL AMOUNT PAID FOR THE FIRST 10-DAY TEMPORARY LODGING PERIOD DOES NOT EXCEED THE MAXIMUM ALLOWABLE.

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