B-165717, JAN. 29, 1969

B-165717: Jan 29, 1969

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ON ARRIVAL AT CODY HE WAS ADVISED OF A DEATH IN THE FAMILY AND INSTEAD OF ACTUALLY PERFORMING WORK. GEN. 443 WE HELD THAT AN EMPLOYEE AUTHORIZED PRIOR TO DEPARTURE ON ANNUAL LEAVE TO PROCEED ON OFFICIAL TRAVEL FROM THE PLACE OF LEAVE TO A TEMPORARY DUTY STATION AND RETURN TO HEADQUARTERS IS ENTITLED TO BE PAID TRAVELING EXPENSES NOT TO EXCEED WHAT WOULD HAVE BEEN INCURRED HAD HE TRAVELED DIRECTLY FROM HEADQUARTERS TO THE TEMPORARY DUTY STATION WITHOUT REGARD TO WHAT IT WOULD HAVE COST TO RETURN TO HIS HEADQUARTERS FROM THE PLACE OF LEAVE. GEN. 237 WE ALSO HELD THAT WHEN AN EMPLOYEE ABANDONS TRAVEL ON GOVERNMENT BUSINESS BECAUSE OF PERSONAL REASONS SUCH AS THE ILLNESS OR DEATH OF A MEMBER OF THE FAMILY THE GOVERNMENT WILL PAY THE COST OF TRAVEL UP TO THE POINT OF ABANDONMENT.

B-165717, JAN. 29, 1969

TO MR. PAUL J. GRAINGER:

YOUR LETTER OF NOVEMBER 13, 1968, REFERENCE 6540, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER IN THE AMOUNT OF $79.08 TRANSMITTED THEREWITH IN FAVOR OF MR. LLOYD W. HAWLEY, AN EMPLOYEE OF THE FOREST SERVICE.

THE INFORMATION FURNISHED SHOWS THAT MR. HAWLEY WENT ON AN ANNUAL LEAVE STATUS JUNE 14, 1968, AND TRAVELED FROM HIS OFFICIAL STATION, DENVER, COLORADO, TO MONTANA. THE FILE INDICATES THAT PRIOR TO HIS LEAVE MR. HAWLEY MADE ARRANGEMENTS WITH HIS SUPERVISOR TO PERFORM TEMPORARY DUTY AT CODY, WYOMING, FOR A PERIOD OF APPROXIMATELY 1 WEEK BEGINNING JUNE 24, 1968, AND REPORT BACK TO HIS HEADQUARTERS. ON JUNE 23, 1968, THE EMPLOYEE RETURNED FROM ANNUAL LEAVE TO ARRIVE AT THE TEMPORARY DUTY STATION IN CODY AT 7 P.M. IN ORDER TO BE AVAILABLE FOR DUTY THE FOLLOWING MORNING AT 8 A.M. ON ARRIVAL AT CODY HE WAS ADVISED OF A DEATH IN THE FAMILY AND INSTEAD OF ACTUALLY PERFORMING WORK, HE CONTINUED THE FOLLOWING DAY IN AN ANNUAL LEAVE STATUS, TRAVELING TO ARIZONA TO ATTEND THE FUNERAL.

IN 24 COMP. GEN. 443 WE HELD THAT AN EMPLOYEE AUTHORIZED PRIOR TO DEPARTURE ON ANNUAL LEAVE TO PROCEED ON OFFICIAL TRAVEL FROM THE PLACE OF LEAVE TO A TEMPORARY DUTY STATION AND RETURN TO HEADQUARTERS IS ENTITLED TO BE PAID TRAVELING EXPENSES NOT TO EXCEED WHAT WOULD HAVE BEEN INCURRED HAD HE TRAVELED DIRECTLY FROM HEADQUARTERS TO THE TEMPORARY DUTY STATION WITHOUT REGARD TO WHAT IT WOULD HAVE COST TO RETURN TO HIS HEADQUARTERS FROM THE PLACE OF LEAVE. IN 23 COMP. GEN. 237 WE ALSO HELD THAT WHEN AN EMPLOYEE ABANDONS TRAVEL ON GOVERNMENT BUSINESS BECAUSE OF PERSONAL REASONS SUCH AS THE ILLNESS OR DEATH OF A MEMBER OF THE FAMILY THE GOVERNMENT WILL PAY THE COST OF TRAVEL UP TO THE POINT OF ABANDONMENT.

THEREFORE, SINCE MR. HAWLEY ABANDONED HIS TRAVEL UPON ARRIVING AT HIS TEMPORARY DUTY POST, UNDER THE ABOVE-REFERRED TO DECISIONS HE WOULD BE ENTITLED TO TRAVELING EXPENSES, INCLUDING APPLICABLE PER DIEM TO THE END OF THE QUARTER AFTER ARRIVAL AT THAT POINT, FOR CONSTRUCTIVE COST OF ONEWAY TRAVEL FROM DENVER TO CODY.

ACTION ON THE VOUCHER WHICH IS RETURNED HEREWITH SHOULD BE TAKEN IN ACCORDANCE WITH THE FOREGOING.