B-164314, JUNE 20, 1968, 47 COMP. GEN. 760

B-164314: Jun 20, 1968

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SUBSISTENCE - PER DIEM - TEMPORARY DUTY - DEPENDENTS - EN ROUTE TO NEW STATION AN EMPLOYEE WHOSE DEPENDENTS TRAVELED WITH HIM INCIDENT TO A CHANGE OF OFFICIAL DUTY STATION AND A STOPOVER FOR CONSULTATION IS ENTITLED UNDER SECTION 2.2B OF BUREAU OF THE BUDGET CIRCULAR NO. THE VOUCHER IS FOR $77 AND REPRESENTS PER DIEM FOR MR. OLSON WAS AUTHORIZED TRAVEL FROM BELLEVILLE. THE ADMINISTRATIVE OFFICE DETERMINED THAT IF THE EMPLOYEE'S FAMILY HAD PERFORMED UNINTERRUPTED TRAVEL FROM BELLEVILLE TO HONOLULU THE TOTAL TIME INVOLVED FOR PER DIEM PURPOSES FOR THE FAMILY WOULD HAVE BEEN 1-1/4 DAYS. THE EMPLOYEE WAS ALLOWED ONLY $35 PER DIEM FOR THE MEMBERS OF HIS FAMILY. A-56 APPEARS TO BE SILENT ON THE ISSUE INVOLVED YOU HAVE REQUESTED OUR DECISION IN THE MATTER.

B-164314, JUNE 20, 1968, 47 COMP. GEN. 760

SUBSISTENCE - PER DIEM - TEMPORARY DUTY - DEPENDENTS - EN ROUTE TO NEW STATION AN EMPLOYEE WHOSE DEPENDENTS TRAVELED WITH HIM INCIDENT TO A CHANGE OF OFFICIAL DUTY STATION AND A STOPOVER FOR CONSULTATION IS ENTITLED UNDER SECTION 2.2B OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 TO PAYMENT OF PER DIEM ON ACCOUNT OF HIS FAMILY RESTRICTED TO THAT ALLOWABLE FOR UNINTERRUPTED TRAVEL BETWEEN THE OLD AND NEW DUTY STATIONS, THE RATIONALE OF SECTION 6.10 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS APPLYING IN MEASURING THE EMPLOYEE'S ENTITLEMENT TO REIMBURSEMENT FOR PER DIEM ON ACCOUNT OF HIS FAMILY.

TO A. D. COX, UNITED STATES DEPARTMENT OF AGRICULTURE, JUNE 20, 1968:

WE REFER TO YOUR LETTERS OF MAY 9 AND 22, 1968, WITH ENCLOSURES, REQUESTING OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT A RECLAIM VOUCHER IN FAVOR OF MR. FRANKLIN J. OLSON, AN EMPLOYEE OF THE AGRICULTURAL RESEARCH SERVICE. THE VOUCHER IS FOR $77 AND REPRESENTS PER DIEM FOR MR. OLSON'S WIFE AND TWO CHILDREN FOR TRAVEL IN CONNECTION WITH A PERMANENT CHANGE OF STATION.

BY TRAVEL ORDER DATED SEPTEMBER 13, 1967, MR. OLSON WAS AUTHORIZED TRAVEL FROM BELLEVILLE, MICHIGAN, TO HONOLULU, HAWAII, INCIDENT TO A CHANGE OF OFFICIAL STATION AND A STOPOVER AT OAKLAND, CALIFORNIA, FOR CONSULTATION PURPOSES. THE TRAVEL ORDER AUTHORIZED TRANSPORTATION OF MR. OLSON'S IMMEDIATE FAMILY CONSISTING OF HIS WIFE AND TWO CHILDREN AGES 10 AND 7.

THE EMPLOYEE AND HIS FAMILY, TRAVELING TOGETHER, DEPARTED BELLEVILLE, MICHIGAN, AT 4 P.M. ON SEPTEMBER 22, 1967, AND ARRIVED IN SAN FRANCISCO AT 10:30 A.M. ON SEPTEMBER 23. AFTER PERFORMING TEMPORARY DUTY AT OAKLAND, MR. OLSON AND HIS FAMILY DEPARTED SAN FRANCISCO AT 9 A.M. ON SEPTEMBER 26 AND ARRIVED IN HONOLULU AT 10:55 A.M. THE SAME DAY. FOR THE TOTAL TIME INVOLVED, INCLUDING THE STOPOVER IN OAKLAND, MR. OLSON CLAIMED PER DIEM IN THE AMOUNT OF $112 FOR THE THREE MEMBERS OF HIS FAMILY UNDER SECTION 2.2B OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966.

THE ADMINISTRATIVE OFFICE DETERMINED THAT IF THE EMPLOYEE'S FAMILY HAD PERFORMED UNINTERRUPTED TRAVEL FROM BELLEVILLE TO HONOLULU THE TOTAL TIME INVOLVED FOR PER DIEM PURPOSES FOR THE FAMILY WOULD HAVE BEEN 1-1/4 DAYS. THEREFORE, THE EMPLOYEE WAS ALLOWED ONLY $35 PER DIEM FOR THE MEMBERS OF HIS FAMILY.

SINCE SECTION 2.2B OF CIRCULAR NO. A-56 APPEARS TO BE SILENT ON THE ISSUE INVOLVED YOU HAVE REQUESTED OUR DECISION IN THE MATTER.

IN OUR DECISION OF FEBRUARY 5, 1968, B-163122, INVOLVING A SIMILAR QUESTION, WE RULED AS FOLLOWS:

* * * WHEN AN EMPLOYEE'S SPOUSE INTERRUPTS HIS OR HER CONTINUOUS TRAVEL BETWEEN AN OLD AND NEW OFFICIAL STATION SO THAT HE OR SHE CAN ACCOMPANY THE EMPLOYEE ON TEMPORARY DUTY ASSIGNMENTS THE RATIONALE OF SECTION 6.10 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS MUST BE APPLIED IN MEASURING AN EMPLOYEE'S ENTITLEMENT TO REIMBURSEMENT FOR PER DIEM IN LIEU OF SUBSISTENCE ON ACCOUNT OF THE SPOUSE'S TRAVEL.

THUS IN THE CASE PRESENTED BY YOUR LETTER THE EMPLOYEE IS ENTITLED TO BE REIMBURSED THE COST OF THE SPOUSE'S TRANSPORTATION BY A USUALLY TRAVELED ROUTE BETWEEN HAWAII AND EL FERROL, SPAIN, AND THE PER DIEM IN LIEU OF SUBSISTENCE ALLOWABLE WOULD BE THAT PAYABLE HAD THE SPOUSE'S TRAVEL BETWEEN THOSE POINTS BEEN UNINTERRUPTED.

THAT RULE IS APPLICABLE TO THE FACTS OF THIS CASE. THEREFORE, WE HOLD THAT THE PAYMENT OF PER DIEM ON ACCOUNT OF MR. OLSON'S IMMEDIATE FAMILY PROPERLY WAS RESTRICTED TO THAT ALLOWABLE FOR UNINTERRUPTED TRAVEL BETWEEN THE OLD AND NEW DUTY STATIONS.

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