B-163011, DEC. 27, 1967

B-163011, DEC. 27, 1967

PER DIEM - CIVILIAN PERSONNEL - TWENTY-FOUR HOURS OR LESS DECISION TO CERTIFYING OFFICER OF THE BUREAU OF MINES, DEPARTMENT OF THE INTERIOR, RE PROPRIETY OF PER DIEM FOR TRAVEL AWAY FROM D. C. EMPLOYEE WHO DEPARTED DULLES AIRPORT AT 7:50 P.M. OCT. 1 FOR TEMPORARY DUTY IN LOUISVILLE WHERE HE SPENT THE NIGHT IN A HOTEL, COMPLETED HIS TEMPORARY DUTY, RETURNED TO DULLES AT 7:10 P.M. ON OCT. 2 AND TRAVELED BY AUTO TO HIS HOME 30 MILES FROM THE AIRPORT MUST HE REGARDED AS BEING IN A TRAVEL STATUS OF 24 HOURS OR LESS AND THEREFORE TRAVEL COMES UNDER 6.9C OF THE SGT REGS. RATHER THAN UNDER THE EXCEPTION IN THAT SUBSECTION. THEREFORE PER DIEM OF $16.00 WAS CORRECTLY ALLOWED.

TO MR. J. E. FOWLER, JR.:

YOUR LETTER OF NOVEMBER 28, 1967, WITH ENCLOSED VOUCHER FOR $4 REPRESENTING PER DIEM IN LIEU OF SUBSISTENCE CLAIMED BY MR. EARL T. HAYES, A CIVILIAN EMPLOYEE OF THE BUREAU OF MINES, IN CONNECTION WITH OFFICIAL TRAVEL AWAY FROM WASHINGTON, D.C., ON OCTOBER 1 AND 2, 1967, REQUESTS OUR DECISION WHETHER THE VOUCHER MAY BE CERTIFIED FOR PAYMENT.

THE RECORD SHOWS THAT MR. HAYES DEPARTED DULLES AIRPORT BY PLANE AT 7:50 P.M., OCTOBER 1, 1967, FOR TEMPORARY DUTY IN LOUISVILLE, KENTUCKY. THE EMPLOYEE APPARENTLY SPENT THE NIGHT OF OCTOBER 1 AND 2 IN A HOTEL AT LOUISVILLE, COMPLETED HIS TEMPORARY DUTY IN THE AFTERNOON ON OCTOBER 2 AND RETURNED TO WASHINGTON BY PLANE ARRIVING AT DULLES AIRPORT AT 7:10 P.M., OF THAT DAY. TRAVEL BETWEEN THE AIRPORT AND THE EMPLOYEE'S RESIDENCE, A DISTANCE OF 30 MILES EACH WAY, WAS PERFORMED BY PRIVATELY OWNED VEHICLE.

SO FAR AS HERE PERTINENT THE EMPLOYEE'S TRAVEL ORDER PRESCRIBED A PER DIEM ALLOWANCE AS OLLOWS: "$16.00 EXCEPT FOR TRAVEL OF LESS THAN 24 HOURS WHEN A NIGHT'S LODGING IS NOT REQUIRED, THEN THE PER DIEM RATE WILL BE $8.00.'

SUBSECTION 6.9C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, PROVIDES IN PART:

"C. GENERALLY FOR COMPUTING PER DIEM ALLOWANCES OFFICIAL TRAVEL BEGINS WHEN THE TRAIN, AIRPLANE, BOAT, OR OTHER CONVEYANCE IS SCHEDULED TO DEPART FROM ITS DEPOT, AIRPORT, OR DOCK AND ENDS WHEN THE TRAIN, AIRPLANE, BOAT, OR OTHER CONVEYANCE ACTUALLY ARRIVES AT ITS DEPOT, AIRPORT, OR DOCK AT THE CONCLUSION OF A TRIP. HOWEVER, THE FOLLOWING EXCEPTIONS ARE AUTHORIZED:

"/1) WHEN A TRAVELER USES AN AUTOMOBILE OR OTHER NONSCHEDULED MEANS OF TRANSPORTATION BETWEEN HIS OFFICE, HOME, OR OTHER POINT OF DEPARTURE AND A DEPOT, AIRPORT, OR DOCK LOCATED MORE THAN 50 MILES DISTANT (DETERMINED BY USUALLY TRAVELED MOTOR ROUTE), OFFICIAL TRAVEL FOR COMPUTING PER DIEM ALLOWANCES BEGINS WHEN THE EMPLOYEE ACTUALLY LEAVES HIS HOME, OFFICE, OR OTHER POINT OF DEPARTURE AND ENDS WHEN HE RETURNS FROM SUCH DEPOT, AIRPORT, OR DOCK TO HIS HOME, OFFICE, OR OTHER POINT AT THE CONCLUSION OF HIS TRIP.'

SINCE MR. HAYES RESIDED AT A POINT LESS THAN 50 MILES DISTANT FROM THE AIRPORT, THE BEGINNING AND ENDING OF HIS TRAVEL MUST BE MEASURED BY THE PROVISION OF SUBSECTION 6.9C RATHER THAN DETERMINED UNDER THE QUOTED EXCEPTION TO THAT SUBSECTION.

AS REFLECTED BY THE RECORD MR. HAYES' ABSENCE IN A TRAVEL STATUS FROM HIS OFFICIAL DUTY STATION WAS FOR A PERIOD OF 23 HOURS AND 40 MINUTES. SECTION 6.11 (2D PARAGRAPH) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES:

"FOR CONTINUOUS TRAVEL OF 24 HOURS OR LESS, THE TRAVEL PERIOD WILL BE REGARDED AS COMMENCING WITH THE BEGINNING OF THE TRAVEL AND ENDING WITH ITS COMPLETION, AND FOR EACH 6-HOUR PORTION OF THE PERIOD, OR FRACTION OF SUCH PORTION, ONE-FOURTH OF THE PER DIEM RATE FOR A CALENDAR DAY WILL BE ALLOWED ***.'

IN ACCORD WITH THE REGULATION QUOTED IMMEDIATELY ABOVE, MR. HAYES WAS ADMINISTRATIVELY ALLOWED ONE-FOURTH OF THE PER DIEM RATE ($16) FOR A CALENDAR DAY FOR EACH 6-HOUR PORTION OF THE PERIOD COMMENCING WITH THE BEGINNING OF THE TRAVEL, 7:50 P.M., OCTOBER 1, AND ENDING WITH ITS COMPLETION, 7:10 P.M., OCTOBER 2. THUS, HE WAS PAID $16. SEE THE CASE OF MR. FOX DISCUSSED IN OUR DECISION 21 COMP. GEN. 4, BEGINNING WITH LAST PARAGRAPH, PAGE 6. ALSO, SEE OUR DECISION OF NOVEMBER 30, 1943, B-37904, COPY HEREWITH.

MR. HAYES CLAIMS AN ADDITIONAL ONE QUARTER DAY PER DIEM ($4) FOR REASONS STATED IN YOUR LETTER, AS FOLLOWS:

"THE REASON WHY I THINK I AM ENTITLED TO THE $4.00 IS THAT I LEFT IN THE 4TH QUARTER OF ONE DAY AND RETURNED IN THE 4TH QUARTER OF THE NEXT. TRAVEL WAS NOT CONTINUOUS IN THAT I PAID FOR A HOTEL ROOM AND MEALS.'

THE WORD "TRAVEL" AS USED IN SECTION 6.11 COVERS BOTH TIME OF TRAVEL BY COMMON CARRIER OR OTHER MODE OF TRANSPORTATION AND TIME SPENT AT A TEMPORARY POST OF DUTY. WE FIND NO FACTS OF RECORD THAT WOULD TEND TO SHOW THAT THE CONTINUITY OF MR. HAYES' OFFICIAL TRAVEL STATUS OR AUTHORIZED PER DIEM STATUS WAS IN ANY WISE INTERRUPTED.

RATHER, MR. HAYES WAS AWAY FROM HIS OFFICIAL STATION ON OFFICIAL BUSINESS FOR A PERIOD OF 24 HOURS OR LESS. THEREFORE, HIS PER DIEM ALLOWANCE OF $16 WAS CORRECTLY COMPUTED UNDER SECTION 6.11 (2D PARAGRAPH) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

THE VOUCHER TRANSMITTED WITH YOUR LETTER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.