B-163906, APR. 25, 1968

B-163906: Apr 25, 1968

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WAS ON TEMPORARY DUTY IN WASHINGTON. MELILLO WAS SCHEDULED TO ATTEND NATIONAL GUARD DRILLS IN CINCINNATI. PERMISSION WAS DENIED FOR THE WEEKEND OF AUGUST 26 AND 27. YOU CONSIDERED THIS AS A VOLUNTARY RETURN AND ALLOWED TOWARDS THE REIMBURSEMENT OF SUCH TRAVEL EXPENSES THE PER DIEM THE EMPLOYEE WOULD HAVE BEEN ENTITLED TO HAD HE REMAINED OVER THE WEEKEND AT HIS TEMPORARY DUTY STATION. MELILLO WAS ALLOWED TWO DAYS PER DIEM AT THE $7 RATE WHEN HE SHOULD HAVE BEEN ALLOWED TWO DAYS PER DIEM AT THE $11 RATE. THE $8 WILL BE PAID MR. MELILLO IF THE CLAIM FOR $50.20 IS DENIED. PARAGRAPH 1.4 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES: "TRAVELING EXPENSES WHICH WILL BE REIMBURSED ARE CONFINED TO THOSE EXPENSES ESSENTIAL TO THE TRANSACTING OF THE OFFICIAL BUSINESS.'.

B-163906, APR. 25, 1968

TO MISS VIRGINIA G. LEIST:

YOUR LETTER OF MARCH 13, 1968, REFERENCE AD:F:F:V, REQUESTS OUR DECISION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT THE RECLAIM VOUCHER THEREWITH IN FAVOR OF MR. DANIEL A. MELILLO FOR $50.20, REPRESENTING THE ACTUAL COST OF HIS RETURNING TO HIS HEADQUARTERS OVER THE WEEKEND, LESS $14 PREVIOUSLY ALLOWED FOR WEEKEND SAVINGS.

THE INFORMATION OF RECORD SHOWS THAT MR. MELILLO, WITH HEADQUARTERS IN CINCINNATI, OHIO, WAS ON TEMPORARY DUTY IN WASHINGTON, D.C., FROM AUGUST 14 TO SEPTEMBER 15, 1967. DURING THIS TIME, MR. MELILLO WAS SCHEDULED TO ATTEND NATIONAL GUARD DRILLS IN CINCINNATI. BEFORE GOING TO WASHINGTON, D.C., HE RECEIVED PERMISSION TO MAKE UP TWO OF THE THREE SCHEDULED MEETINGS, BUT PERMISSION WAS DENIED FOR THE WEEKEND OF AUGUST 26 AND 27, 1967, AND HE RETURNED TO CINCINNATI OVER THE WEEKEND TO ATTEND THE REQUIRED DRILL.

YOU CONSIDERED THIS AS A VOLUNTARY RETURN AND ALLOWED TOWARDS THE REIMBURSEMENT OF SUCH TRAVEL EXPENSES THE PER DIEM THE EMPLOYEE WOULD HAVE BEEN ENTITLED TO HAD HE REMAINED OVER THE WEEKEND AT HIS TEMPORARY DUTY STATION. YOU SAY THAT MR. MELILLO WAS ALLOWED TWO DAYS PER DIEM AT THE $7 RATE WHEN HE SHOULD HAVE BEEN ALLOWED TWO DAYS PER DIEM AT THE $11 RATE. THE $8 WILL BE PAID MR. MELILLO IF THE CLAIM FOR $50.20 IS DENIED.

PARAGRAPH 1.4 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES:

"TRAVELING EXPENSES WHICH WILL BE REIMBURSED ARE CONFINED TO THOSE EXPENSES ESSENTIAL TO THE TRANSACTING OF THE OFFICIAL BUSINESS.'

THE DUTY OF REPORTING FOR INACTIVE DUTY TRAINING OF A MEMBER OF A RESERVE COMPONENT OF THE ARMED SERVICES AT THE CITY OR TOWN IN WHICH THE HEADQUARTERS OF HIS RESERVE COMPONENT UNIT IS LOCATED IS A PERSONAL OBLIGATION OF THE MEMBER REGARDLESS OF WHETHER OR NOT HE IS AN EMPLOYEE OF THE UNITED STATES. THE SAME WOULD BE TRUE IF, BECAUSE OF THE NATURE OF HIS EMPLOYMENT, A FEDERAL EMPLOYEE'S DUTIES ARE FOR PERFORMANCE AWAY FROM THE LOCATION OF THE HEADQUARTERS OF THE RESERVE UNIT OF WHICH HE IS A MEMBER. IN OTHER WORDS, THE TRAVEL BACK TO THE EMPLOYEE'S OFFICIAL STATION FOR THE PURPOSE INDICATED HAS NO RELATION TO THE DUTIES OF HIS CIVILIAN POSITION.

ACCORDINGLY, IT MUST BE HELD THAT THE FUNDS AVAILABLE FOR TRAVEL EXPENSES OF AN EMPLOYEE OF THE INTERNAL REVENUE SERVICE ON TEMPORARY DUTY MAY NOT BE CHARGED WITH THE COST OF HIS TRAVEL EXPENSES INCIDENT TO RETURNING TO HIS HEADQUARTERS IN ORDER TO PERFORM INACTIVE DUTY TRAINING AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED SERVICES.

THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.