B-164251, JUN. 26, 1968

B-164251: Jun 26, 1968

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FROM YOUR LETTER AND ITS ENCLOSURES WE UNDERSTAND THAT MISS SHORES UPON COMPLETION OF HER AGREED PERIOD OF SERVICE OVERSEAS WITH THE AIR FORCE WAS TRANSPORTED BY THAT DEPARTMENT. PROVIDED "AND WILL PROCEED TO ALTERNATE DESTINATION: WASHINGTON. MISS SHORES IS SAID TO HAVE BEEN SEPARATED FROM THE AIR FORCE EFFECTIVE JULY 22. IS SHOWN TO HAVE BEEN EMPLOYED BY THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION BY PERSONNEL ACTION DATED JULY 21. IT IS QUESTIONABLE WHETHER THE AIR FORCE SHOULD HAVE ISSUED THE AMENDED ORDERS AND MADE PAYMENT THEREUNDER. WHILE WE WILL NOT FURTHER OBJECT TO THAT ACTION IN THIS CASE. IT CANNOT SERVE AS A BASIS FOR DENIAL OF OTHERWISE PROPER BENEFITS OF A TRANSFER OF STATION FROM WIESBADEN TO WASHINGTON UNLESS IT IS DETERMINED UNDER 5 U.S.C. 5724 (H) THAT THE TRANSFER WAS PRINCIPALLY FOR THE CONVENIENCE OR BENEFIT OF THE EMPLOYEE OR WAS AT HER REQUEST.

B-164251, JUN. 26, 1968

TO MISS BESSIE G. LOSS:

YOUR LETTER OF MAY 3, 1968, REFERENCE BFH, ENCLOSING A REIMBURSEMENT VOUCHER IN FAVOR OF MISS MARY K. SHORES COVERING EXPENSES INCURRED BY HER INCIDENT TO HER MOVEMENT FROM WIESBADEN, GERMANY, TO WASHINGTON, D.C., AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE AND HER SUBSEQUENT TRANSFER OF EMPLOYMENT TO THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA) REQUESTS OUR DECISION WHETHER THE VOUCHER MAY BE CERTIFIED FOR PAYMENT.

FROM YOUR LETTER AND ITS ENCLOSURES WE UNDERSTAND THAT MISS SHORES UPON COMPLETION OF HER AGREED PERIOD OF SERVICE OVERSEAS WITH THE AIR FORCE WAS TRANSPORTED BY THAT DEPARTMENT, AT HER ELECTION, TO WASHINGTON, D.C., ON JULY 21, 1967, FOR SEPARATION IN LIEU OF TRANSPORTATION TO HER RESIDENCE OF RECORD AT CORDELE, GEORGIA. HER ORIGINAL ORDERS OF JULY 11, 1967, READ "PROCEED TO HER NEW DUTY STATION: WASHINGTON, DC, FOR FURTHER EMPLOYMENT.' HER MODIFYING ORDERS OF OCTOBER 24, 1967, PROVIDED "AND WILL PROCEED TO ALTERNATE DESTINATION: WASHINGTON, DC, (HOME OF RECORD: CORDELE, GEORGIA) FOR THE PURPOSE OF SEPARATION AND FURTHER EMPLOYMENT WITH HEADQUARTERS NASA.' MISS SHORES IS SAID TO HAVE BEEN SEPARATED FROM THE AIR FORCE EFFECTIVE JULY 22, 1967, AND IS SHOWN TO HAVE BEEN EMPLOYED BY THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION BY PERSONNEL ACTION DATED JULY 21, 1967, EFFECTIVE JULY 23, 1967, WITHOUT A BREAK IN SERVICE. MISS SHORES STATES THAT SHE DID NOT SUBMIT A FORMAL RESIGNATION TO THE AIR FORCE AND THAT SHE PERFORMED NO OFFICIAL DUTIES FOR THE AIR FORCE IN WASHINGTON, D.C. WE NOTE THAT THE RECORD INDICATES THAT THE EMPLOYEE HAD BEEN OFFERED AND HAD ACCEPTED EMPLOYMENT WITH NASA PRIOR TO HER DEPARTURE FROM THE OVERSEAS STATION. IN THE CIRCUMSTANCES, IT IS QUESTIONABLE WHETHER THE AIR FORCE SHOULD HAVE ISSUED THE AMENDED ORDERS AND MADE PAYMENT THEREUNDER. WHILE WE WILL NOT FURTHER OBJECT TO THAT ACTION IN THIS CASE, IT CANNOT SERVE AS A BASIS FOR DENIAL OF OTHERWISE PROPER BENEFITS OF A TRANSFER OF STATION FROM WIESBADEN TO WASHINGTON UNLESS IT IS DETERMINED UNDER 5 U.S.C. 5724 (H) THAT THE TRANSFER WAS PRINCIPALLY FOR THE CONVENIENCE OR BENEFIT OF THE EMPLOYEE OR WAS AT HER REQUEST.

IN HER REIMBURSEMENT VOUCHER MISS SHORES CLAIMS CERTAIN ITESM, $6.60 TAXI FARE ANDREWS AIR FORCE BASE TO WASHINGTON AND $6 PER DIEM, WHICH ITEMS OF EXPENSE APPEAR TO HAVE BEEN INCURRED BY HER INCIDENT TO HER TRANSPORTATION BY THE AIR FORCE FROM HER OVERSEAS POST TO WASHINGTON. SUCH ITEMS, IF OTHERWISE ALLOWABLE, MAY BE SUBMITTED FOR PAYMENT TO THE AIR FORCE BY MISS SHORES.

MISS SHORES CLAIMS REIMBURSEMENT ALSO FOR $270 SUBSISTENCE EXPENSES INCURRED WHILE OCCUPYING TEMPORARY QUARTERS IN WASHINGTON, D.C., AND ARLINGTON, VIRGINIA, FROM JULY 22 UNTIL SEPTEMBER 2, 1967, AND $100 FOR MISCELLANEOUS RELOCATION EXPENSES. THE ALLOWANCES CLAIMED ARE THOSE AUTHORIZED BY 5 U.S.C. 5724A, SUBSECTIONS (A) (3) AND (B), RESPECTIVELY, WHICH ARE IMPLEMENTED BY BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, SECTIONS 2.5 AND 3. UNDER 5 U.S.C. 5724 (E) THOSE EXPENSES, IF OTHERWISE ALLOWABLE, WOULD BE FOR PAYMENT FROM APPROPRIATIONS AVAILABLE TO THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION. SEE B- 160565, JUNE 21, 1968, COPY ENCLOSED.

WITH RESPECT TO YOUR QUESTION REGARDING THE COMMENCEMENT DATE UNDER THE AUTHORIZATION FOR PAYMENT OF SUBSISTENCE FOR TEMPORARY QUARTERS, THE PROPER DATE WOULD BE JULY 23, 1967 (12:01 A.M.), THE DATE HER TRANSFER TO NASA BECAME EFFECTIVE. HER ENTITLEMENT TO THESE ALLOWANCES WOULD CONTINUE UNINTERRUPTED BY ABSENCE FOR PERSONAL REASONS FOR THE 30-DAY PERIOD FOLLOWING THAT DATE SUBJECT TO EXTENSION FOR THE PERIODS OF TEMPORARY DUTY ON OFFICIAL BUSINESS AND ALSO THE LIMITATIONS PRESCRIBED IN SECTION 2.5D, BUREAU OF THE BUDGET CIRCULAR NO. A-56. SEE B-162601, DECEMBER 6, 1967, 47 COMP. GEN.---, AND B-162641, NOVEMBER 27, 1967. YOUR CALCULATIONS AS TO THE BEGINNING AND ENDING OF THE PERIODS OF ENTITLEMENT TO TEMPORARY QUARTERS ALLOWANCE WOULD BE THEREFORE ADVANCED ONE DAY. ALTHOUGH WE HAVE HELD THAT SUBSISTENCE EXPENSES INCURRED BY AN EMPLOYEE WHILE IN TEMPORARY QUARTERS AT THE NEW OFFICIAL STATION MAY BE REIMBURSED EVEN THOUGH THE EMPLOYEE IS ON LEAVE -- B-162641, SUPRA -- WE DO NOT BELIEVE THAT SUCH EXPENSES MAY BE REIMBURSED IF THEY ARE INCURRED BY THE EMPLOYEE AWAY FROM HIS OLD AND NEW OFFICIAL STATIONS ON PERSONAL BUSINESS.

ACCORDINGLY, MISS SHORES' ENTITLEMENT TO SUBSISTENCE EXPENSES FOR THE FIRST 10-DAY PERIOD, BEGINNING JULY 23 AT 12:01 A.M., WOULD BE LIMITED TO ACTUAL SUBSISTENCE EXPENSES SHE INCURRED IN THE WASHINGTON AREA DURING THAT PERIOD AS EXTENDED BY THE PERIOD OF TEMPORARY DUTY, NOT TO EXCEED $120. TOTAL ALLOWABLE EXPENDITURES DURING THAT 10-DAY PERIOD AND EACH SUCCEEDING 10-DAY PERIOD SHOULD BE COMPARED TO THE MAXIMUM ALLOWABLE FOR THE PERIOD AND THE EMPLOYEE SHOULD BE REIMBURSED THE LESSER OF THE TWO AMOUNTS.

MISS SHORES DOES NOT SUPPORT HER CLAIM FOR REIMBURSEMENT OF EXPENSES FOR MEALS BY ITEMIZING THE COST OF EACH MEAL BUT CLAIMS $6, $7 OR $8 FOR MEALS EACH DAY DURING THE PERIOD SHE OCCUPIED TEMPORARY QUARTERS. ALTHOUGH THE APPLICABLE REGULATION, SECTION 6.12F OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, DOES NOT REQUIRE A MEAL BY MEAL ITEMIZATION OF COSTS, IT DOES REQUIRE THAT THE ACTUAL AMOUNTS SPENT FOR MEALS BE SHOWN. TO THE EXTENT THAT MISS SHORES' CLAIM IS BASED ON ESTIMATES OF EXPENSES RATHER THAN ON ACTUAL COSTS INCURRED, REIMBURSEMENT FOR MEALS MAY NOT BE ALLOWED.

WITH RESPECT TO YOUR QUESTION REGARDING THE INCLUSION OF THE COST OF THE NOON MEAL OR THE EVENING MEAL WHEN THE 10-DAY PERIOD OF SUBSISTENCE ENDS AT NOON OR 6:00 P.M., IF THE COST WAS INCURRED DURING THE PERIOD IN QUESTION IT MAY BE INCLUDED IN SUPPORTING A CLAIM FOR ACTUAL SUBSISTENCE EXPENSES.

THE VOUCHER WHICH IS RETURNED TOGETHER WITH SUPPORTING PAPERS MAY BE CERTIFIED FOR PAYMENT ONLY IN ACCORDANCE WITH THE ABOVE.