B-164134, JUL. 23, 1968

B-164134, JUL. 23, 1968

TO MR. WILLIAM M. LOWDER:

YOUR LETTER OF APRIL 8, 1968, REQUESTS THAT WE RECONSIDER YOUR CLAIM FOR TRAVEL EXPENSES WHICH WERE DISALLOWED IN OUR OFFICE SETTLEMENT DATED FEBRUARY 16, 1968, FOR THE REASON THAT SUCH EXPENSES WERE INCURRED BY YOU INCIDENT TO PERSONAL TRAVEL WHILE ON AUTHORIZED LEAVE - WHICH INTERRUPTED OFFICIAL TRAVEL EN ROUTE TO YOUR PERMANENT STATION - RETURNING FROM TEMPORARY DUTY UNDER THE AUTHORITY INDICATED BELOW.

BY TRAVEL ORDER NO. TO 12-74 DATED DECEMBER 16, 1966, AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY YOU WERE AUTHORIZED TO TRAVEL FROM SIERRA VISTA, ARIZONA, TO ABERDEEN PROVING GROUND, MARYLAND, AND RETURN, FOR PURPOSE OF TEMPORARY DUTY AS DIRECTED BY THE U.S. ARMY TEST AND EVALUATION COMMAND.

WE POINT OUT THAT THE BASIC REGULATIONS GOVERNING OFFICIAL TRAVEL BY CIVILIAN EMPLOYEES OF THE GOVERNMENT ARE CONTAINED IN THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS ISSUED BY THE BUREAU OF THE BUDGET WHEREIN BOTH SECTIONS 3.3 AND 6.10 EXPRESSLY PROVIDE THAT ANY ADDITIONAL EXPENSES RESULTING FROM A TRAVELER'S INTERRUPTION OF AUTHORIZED OFFICIAL TRAVEL OR FROM A TRAVELER'S DEVIATION FROM THE DIRECT ROUTE FOR HIS OWN CONVENIENCE OR THROUGH HIS TAKING LEAVE WILL BE BORNE BY THE TRAVELER. SIMILARLY, THE DEPARTMENT OF DEFENSE JOINT TRAVEL REGULATIONS, VOLUME 2, CHAPTERS 3 AND 10, PROVIDE IN PART AS FOLLOWS: "C3007 TEMPORARY DUTY IN CONNECTION WITH LEAVE STATUS "TEMPORARY DUTY MAY BE AUTHORIZED BEFORE, DURING, AND AFTER LEAVE STATUS. PER DIEM ALLOWANCE AND TRANSPORTATION EXPENSE ENTITLEMENTS ARE LIMITED TO THE CONDITIONS DIRECTLY RELATED TO THE TEMPORARY DUTY ASSIGNMENT. FOR PER DIEM AND TRANSPORTATION EXPENSE REIMBURSEMENT ENTITLEMENTS AND LIMITATIONS, SEE CHAPTER 10. "C10101 EFFECT OF ABSENCES ON PAYMENT OF PER DIEM

* * * * * * * "9. ABSENT FOR PERSONAL REASONS. AN EMPLOYEE WHO ABSENTS HIMSELF FROM HIS PERMANENT DUTY STATION FOR PERSONAL REASONS AND RETURNS TO SUCH STATION ON OFFICIAL BUSINESS IS NOT ENTITLED TO EXPENSES INCURRED FOR SUCH TRAVEL. * * *" ALSO, PARAGRAPH C10101-7 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT, WHEN FOR PERSONAL REASONS, INCLUDING THE TAKING OF AUTHORIZED LEAVE, AN EMPLOYEE DOES NOT RETURN IMMEDIATELY TO HIS PERMANENT DUTY STATION AFTER COMPLETION OF A PERIOD OF TEMPORARY DUTY, PER DIEM ALLOWANCES WILL BE COMPUTED ON THE BASIS OF THE TIME THAT HE REASONABLY COULD HAVE LEFT THE TEMPORARY DUTY POINT AND ARRIVED AT HIS PERMANENT STATION.

WE NOTE THAT ITEMS 9 AND 15 OF THE TRAVEL ORDER CONTAIN THE PROVISION "CIPAP" WHICH IS DEFINED IN AR 320-50 AS AUTHORITY TO CHANGE THE ITINERARY AND PROCEED TO ADDITIONAL PLACES AS MAY BE NECESSARY FOR ACCOMPLISHMENT OF THE MISSION. ITEM 15 ALSO INDICATED "DELAY EN ROUTE AUTHORIZED FOR TEN DAYS ANNUAL LEAVE.' HOWEVER, NEITHER OF THOSE PROVISIONS, NOR THE ITINERARY OF YOUR ANNUAL LEAVE TRAVEL STATED ON YOUR TRAVEL VOUCHER, SHOWS THAT ANY OF THE EXPENSES CLAIMED BY YOU WERE RELATED TO THE ACCOMPLISHMENT OF OFFICIAL BUSINESS OF YOUR EMPLOYING AGENCY.

REGARDING ITEM 11 OF THE TRAVEL ORDER WHICH AUTHORIZED TRANSPORTATION BY COMMON CARRIER (AIR/SURFACE) AND GOVERNMENT OWNED AIRCRAFT, AND INDICATED THAT REIMBURSEMENT OF TRAVEL EXPENSES WOULD BE LIMITED TO THE COST TO THE GOVERNMENT OF TRAVEL BY USUAL MODE OF TRANSPORTATION INCLUDING PER DIEM, WE POINT OUT THAT IN FORWARDING YOUR CLAIM THE FINANCE AND ACCOUNTING OFFICER BY 3RD INDORSEMENT DATED AUGUST 24, 1967, SCCH-C-E4, STATED THE FACTS AS FOLLOWS:

"* * * THE NON SCHEDULED MILITARY AIRCRAFT WAS DISPATCHED FROM FORT HUACHUCA, ARIZONA TO ABERDEEN PROVING GROUND, MARYLAND FOR THE EXPRESS PURPOSE OF TRANSPORTING MR. LOWDER AND SEVERAL OTHER GOVERNMENT EMPLOYEES TO ABERDEEN AND THEN RETURN. MR. LOWDER LEFT THIS AIRCRAFT AT NASHVILLE, TENNESSEE FOR HIS PERSONAL CONVENIENCE. THE AIRCRAFT THEN PROCEEDED DIRECTLY TO FORT HUACHUCA WITH THE OTHER PASSENGERS. * * *"

WHILE AS YOU SAY THE GOVERNMENT OWNED AIRCRAFT DID NOT PROCEED DIRECTLY FROM ABERDEEN PROVING GROUND TO FORT HUACHUCA, AND OTHER COMMENTS BY YOU SUGGEST THAT THE AIRCRAFT LANDED AT NASHVILLE, TENNESSEE, FOR REASONS OTHER THAN FOR YOUR PERSONAL CONVENIENCE, THE CONTROLLING POINT OF FACT IS THAT THE DEPARTMENT OF THE ARMY HAD MADE THE AIRCRAFT OFFICIALLY AVAILABLE FOR YOUR TRANSPORTATION TO AND FROM YOUR TEMPORARY DUTY AT ABERDEEN PROVING GROUND, IN LIEU OF COMMON CARRIER TRANSPORTATION FOR THAT PURPOSE. IN THE CIRCUMSTANCES, AND SINCE THE COMMON CARRIER COSTS INCURRED BY YOU WERE NOT INCIDENT TO YOUR OFFICIAL DUTY TRAVEL, THE SETTLEMENT OF FEBRUARY 16, 1968, WHICH DISALLOWED YOUR CLAIM, IS SUSTAINED.