B-163286, MAR. 1, 1968

B-163286: Mar 1, 1968

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EMPLOYEES OF NORFOLK NAVAL SHIPYARD WHO WERE REQUIRED TO PERFORM 30 DAYS TEMPORARY DUTY AT BOSTON A DISTANCE OF 600 MILES AND AUTHORIZED TRAVEL BY PRIVATELY-OWNED AUTOMOBILE MAY BE ALLOWED TWO DAYS TRAVEL TIME. ALSO IN VIEW OF CONFUSION AS TO TIME WITHIN WHICH TRAVEL WAS TO BE ACCOMPLISHED PER DIEM MAY BE ALLOWED FROM SECOND QUARTER OF DAY ORDERED TO LEAVE PERMANENT POST UNTIL ACTUAL RETURN ARRIVAL AND EMPLOYEES WHO WERE CHARGED ANNUAL LEAVE MAY HAVE IT RECREDITED. THE EMPLOYEES IN QUESTION ARE ALL PAINTERS WORKING OUT OF SHOP 71 IN THE SHIPYARD. THE EMPLOYEES WERE ORDERED TO LEAVE PORTSMOUTH ON OR ABOUT MONDAY. IT WAS DETERMINED THAT TRAVEL BY PRIVATELY-OWNED VEHICLE WAS ADVANTAGEOUS TO THE GOVERNMENT SO THEY PROCEEDED IN THREE AUTOMOBILES.

B-163286, MAR. 1, 1968

PER DIEM - CIVILIAN PERSONNEL DECISION TO COMPTROLLER, NORFOLK NAVAL SHIPYARD CONCERNING PAYMENT OF TRAVEL CLAIMS ARISING FROM TEMPORARY DUTY OF 8 UNGRADED EMPLOYEES. EMPLOYEES OF NORFOLK NAVAL SHIPYARD WHO WERE REQUIRED TO PERFORM 30 DAYS TEMPORARY DUTY AT BOSTON A DISTANCE OF 600 MILES AND AUTHORIZED TRAVEL BY PRIVATELY-OWNED AUTOMOBILE MAY BE ALLOWED TWO DAYS TRAVEL TIME. ALSO IN VIEW OF CONFUSION AS TO TIME WITHIN WHICH TRAVEL WAS TO BE ACCOMPLISHED PER DIEM MAY BE ALLOWED FROM SECOND QUARTER OF DAY ORDERED TO LEAVE PERMANENT POST UNTIL ACTUAL RETURN ARRIVAL AND EMPLOYEES WHO WERE CHARGED ANNUAL LEAVE MAY HAVE IT RECREDITED.

TO CAPTAIN W. H. LEWIS (SC) US NAVY:

WE REFER TO YOUR LETTER OF OCTOBER 23, 1967, REFERENCE NY6/12770 (600), REQUESTING OUR DECISION CONCERNING THE PROPRIETY OF PAYING CERTAIN TRAVEL CLAIMS ARISING FROM THE PERFORMANCE OF TEMPORARY DUTY OF EIGHT UNGRADED EMPLOYEES OF THE NORFOLK NAVAL SHIPYARD, PORTSMOUTH, VIRGINIA.

THE EMPLOYEES IN QUESTION ARE ALL PAINTERS WORKING OUT OF SHOP 71 IN THE SHIPYARD. FOLLOWING A REQUEST FROM THE BOSTON NAVAL SHIPYARD, BOSTON, MASSACHUSETTS, FOR THE LOAN OF TEN PAINTERS TO ASSIST IN SOME WORK, THE EMPLOYEES WERE ORDERED TO LEAVE PORTSMOUTH ON OR ABOUT MONDAY, APRIL 24, 1967, AND PROCEED TO THE BOSTON NAVAL SHIPYARD FOR 30-DAY TEMPORARY DUTY AND RETURN. IT WAS DETERMINED THAT TRAVEL BY PRIVATELY-OWNED VEHICLE WAS ADVANTAGEOUS TO THE GOVERNMENT SO THEY PROCEEDED IN THREE AUTOMOBILES. YOU POINT OUT THAT THE DISTANCE TO BOSTON IS APPROXIMATELY 600 MILES. SOME OF THE EMPLOYEES DEPARTED THE PORTSMOUTH AREA ON SUNDAY, APRIL 23, AND OTHERS ON MONDAY, APRIL 24. ALL ARRIVED IN BOSTON ON SUNDAY OR MONDAY BUT THEY DID NOT REPORT FOR DUTY AT THE SHIPYARD UNTIL WEDNESDAY MORNING, APRIL 26.

THE EMPLOYEES WORKED THE SECOND SHIFT, APPARENTLY 1600-2400, THROUGH THURSDAY, MAY 18 AND ONE-HALF OF A SHIFT ON FRIDAY, MAY 19. THEY DEPARTED BOSTON FOLLOWING CESSATION OF WORK ON FRIDAY OR ON THE FOLLOWING MORNING, RETURNING TO THEIR HOMES IN THE PORTSMOUTH AREA ON SATURDAY, MAY 20.

YOU STATE THAT THE EMPLOYEES WHO ARRIVED IN BOSTON ON SUNDAY, APRIL 23 OR PRIOR TO HOURS OF WORK ON MONDAY, APRIL 24 WERE CHARGED ANNUAL LEAVE ON MONDAY, APRIL 24 AND TUESDAY, APRIL 25 WHEN THEY DID NOT REPORT FOR WORK AT THE SHIPYARD THERE UNTIL WEDNESDAY, APRIL 26. THOSE WHO TRAVELED ON MONDAY AND DELAYED REPORTING UNTIL WEDNESDAY WERE CHARGED ANNUAL LEAVE FOR TUESDAY, APRIL 25. LIKEWISE, FOLLOWING THEIR RETURN TO PORTSMOUTH THEY WERE CHARGED WITH ANNUAL LEAVE ON MONDAY, MAY 22 AND TUESDAY, MAY 23 WHEN THEY FAILED TO REPORT FOR WORK AT THE SHIPYARD UNTIL WEDNESDAY, MAY 24.

THE RECORD INDICATES THAT PER DIEM WAS PAID TO THESE EMPLOYEES ONLY DURING PERIODS OF TRAVEL AND WAS NOT PAID DURING THE DAYS IN BOSTON PRIOR TO REPORTING FOR WORK FOR WHICH THEY WERE CHARGED ANNUAL LEAVE.

THE RECORD CONTAINS A COPY OF A GRIEVANCE HEARING IN WHICH THE EMPLOYEES STATE THAT THEY WERE ADVISED IN PORTSMOUTH PRIOR TO THEIR DEPARTURE THEY WERE ENTITLED TO TWO DAYS TRAVEL TO BOSTON COMMENCING MONDAY, APRIL 24 AND UPON LEAVING BOSTON FOR PORTSMOUTH THEY WERE GIVEN THE SAME INFORMATION. YOU INQUIRE AS TO WHETHER THE EMPLOYEES SHOULD BE ALLOWED PER DIEM FOR TWO DAYS TRAVEL TIME EACH WAY AT THE AVERAGE RATE OF 300 MILES PER CALENDAR DAY, AND LEAVE RESTORED TO THEM WHERE IT WAS CHARGED.

IN SUPPORT OF THEIR CONTENTION THAT THE ANSWER TO THE FOREGOING SHOULD BE IN THE AFFIRMATIVE THE EMPLOYEES CITE 39 COMP. GEN. 250 AND EXECUTIVE ORDER NO. 10826.

SINCE THE DISTANCE BETWEEN BOSTON AND PORTSMOUTH IS APPROXIMATELY 600 MILES AN ALLOWANCE OF TWO DAYS TRAVEL TIME WOULD NOT BE UNREASONABLE. CF. 39 COMP. GEN. 250 INVOLVING A PERMANENT CHANGE OF STATION. THE EMPLOYEES' TRAVEL ORDERS OMIT ANY REFERENCE TO THE TIME ALLOWED FOR TRAVEL BETWEEN THE TWO POINTS INDICATING ONLY THAT TRAVEL WAS TO COMMENCE ON OR ABOUT MONDAY, APRIL 24, 1967. THE STATEMENT OF THE EMPLOYEES TO THE EFFECT THAT THEY WERE TOLD THEY WOULD HAVE TWO DAYS TRAVEL TIME IS INDIRECTLY CORROBORATED BY THE TIME ALLOWED FOR TRAVEL UNDER A PERMANENT CHANGE OF STATION, 300 MILES PER DAY, AND THE DISTANCE INVOLVED HERE. SEE JOINT TRAVEL REGULATIONS C-10155-1B1. IT IS ALSO NOTED THAT FOLLOWING COMPLETION OF TRAVEL THE EMPLOYEES CONTINUED TO INCUR EXPENSES OF LIVING AWAY FROM HOME AT THEIR TEMPORARY DUTY STATION. IN VIEW OF THE FOREGOING AND THE CONFUSION THAT EXISTED IN THIS PARTICULAR CASE AS TO THE TIME WITHIN WHICH THE TRAVEL WAS TO BE ACCOMPLISHED, OUR VIEW IS THAT PER DIEM IN LIEU OF SUBSISTENCE SHOULD BE ALLOWED TO ALL THREE GROUPS OF EMPLOYEES COMMENCING WITH THE SECOND QUARTER ON MONDAY, APRIL 24, 1967, AND EXTENDING TO THE TIME THEY ACTUALLY ARRIVED BACK AT PORTSMOUTH. MOREOVER, UNDER SUCH CIRCUMSTANCES THE EMPLOYEES SHOULD NOT BE CHARGED ANNUAL LEAVE FOR ANY PART OF SUCH PERIOD.

PER DIEM FOR RETURN TRAVEL COULD NOT EXTEND BEYOND THE ACTUAL TIME AT WHICH THE EMPLOYEES RETURNED TO THEIR PERMANENT DUTY STATION AT PORTSMOUTH. LIKEWISE ANY PERIOD OF ABSENCE FROM DUTY FOLLOWING THEIR RETURN TO PORTSMOUTH WOULD BE CHARGEABLE TO ANNUAL LEAVE. SEE B 144215, OCTOBER 31, 1960 (COPY ENCLOSED).

WITH RESPECT TO THE APPLICABILITY OF EXECUTIVE ORDER NO. 10826, DATED JUNE 25, 1959, IT IS OUR UNDERSTANDING THAT IT PRIMARILY RELATES TO CIVIL SERVICE STATUS AND OTHER MATTERS PERTAINING THERETO AND WAS NOT INTENDED TO COVER PER DIEM AND LEAVE SUCH AS HERE INVOLVED. WE ENCLOSE A COPY OF DEPARTMENTAL CIRCULAR 1013, DATED JUNE 30, 1959, ISSUED BY THE CIVIL SERVICE COMMISSION WHICH GIVES EXAMPLES OF THE MATTERS COVERED BY EXECUTIVE ORDER NO. 10826.