B-165762, JAN. 21, 1969

B-165762: Jan 21, 1969

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TO REIMBURSE HIM THE AMOUNT HE PAID FOR QUARTERS AT HIS TEMPORARY DUTY STATION FOR A PERIOD OF 5 DAYS WHILE HE WAS ABSENT FROM THAT TEMPORARY DUTY STATION BY REASON OF HIS RETURN TO HIS OFFICIAL STATION TO ACCOMPANY ANOTHER EMPLOYEE TO HIS HOME FOR MEDICAL TREATMENT. WE ARE AUTHORIZED TO RENDER BINDING DECISIONS ONLY AT THE REQUEST OF AUTHORIZED CERTIFYING OFFICERS. SINCE THE VOUCHER PRESENTED IS APPARENTLY BEFORE A DISBURSING OFFICER IN YOUR ORGANIZATION FOR PAYMENT WE WILL CONSIDER THE CASE AS PRESENTED IN ORDER TO EXPEDITE ACTION THEREON. RANDINO AND ANOTHER EMPLOYEE OF THE NAVAL APPLIED SCIENCE LABORATORY WERE ASSIGNED TO TEMPORARY DUTY AT THE NAVY MINE DEFENSE LABORATORY. ON JULY 3 THE OTHER EMPLOYEE BECAME ILL AND DUE TO THE PSYCHIATRIC NATURE OF HIS ILLNESS IT WAS DETERMINED THAT HE SHOULD RETURN TO HIS HOME IN THE NEW YORK AREA ACCOMPANIED BY MR.

B-165762, JAN. 21, 1969

TO COMMANDING OFFICER:

WE REFER TO THE LETTER FROM YOUR OFFICE DATED OCTOBER 15, 1968, YOUR REFERENCE FM80:MO:JLK 7420, CONCERNING YOUR AUTHORITY TO PAY A VOUCHER FOR $33.80 IN FAVOR OF MR. FELIX J. RANDINO, AN EMPLOYEE OF THE U.S. NAVAL APPLIED SCIENCE LABORATORY, BROOKLYN, NEW YORK, TO REIMBURSE HIM THE AMOUNT HE PAID FOR QUARTERS AT HIS TEMPORARY DUTY STATION FOR A PERIOD OF 5 DAYS WHILE HE WAS ABSENT FROM THAT TEMPORARY DUTY STATION BY REASON OF HIS RETURN TO HIS OFFICIAL STATION TO ACCOMPANY ANOTHER EMPLOYEE TO HIS HOME FOR MEDICAL TREATMENT.

WE ARE AUTHORIZED TO RENDER BINDING DECISIONS ONLY AT THE REQUEST OF AUTHORIZED CERTIFYING OFFICERS, DISBURSING OFFICERS OR THE HEADS OF DEPARTMENTS. HOWEVER, SINCE THE VOUCHER PRESENTED IS APPARENTLY BEFORE A DISBURSING OFFICER IN YOUR ORGANIZATION FOR PAYMENT WE WILL CONSIDER THE CASE AS PRESENTED IN ORDER TO EXPEDITE ACTION THEREON.

MR. RANDINO AND ANOTHER EMPLOYEE OF THE NAVAL APPLIED SCIENCE LABORATORY WERE ASSIGNED TO TEMPORARY DUTY AT THE NAVY MINE DEFENSE LABORATORY, PANAMA CITY, FLORIDA, DURING JUNE AND JULY 1968. ON JULY 3 THE OTHER EMPLOYEE BECAME ILL AND DUE TO THE PSYCHIATRIC NATURE OF HIS ILLNESS IT WAS DETERMINED THAT HE SHOULD RETURN TO HIS HOME IN THE NEW YORK AREA ACCOMPANIED BY MR. RANDINO. MR. RANDINO WAS ISSUED A TRANSPORTATION REQUEST FOR PROCUREMENT OF ROUND TRIP AIR TRANSPORTATION BETWEEN PANAMA CITY AND NEW YORK. HOWEVER, DUE TO THE EMERGENT NATURE OF THE OTHER EMPLOYEE'S ILLNESS MR. RANDINO DID NOT HAVE TIME TO CHECK OUT OF HIS HOTEL ROOM IN PANAMA CITY. THEREFORE, AT A COST OF $33.80 HE RETAINED THE ROOM DURING THE PERIOD HE WAS ABSENT FROM PANAMA CITY WHICH INCLUDED ANNUAL LEAVE FOR THE PERIOD JULY 4-7, 1968, INCLUSIVE.

THE CASES CITED IN SUPPORT OF PAYING MR. RANDINO'S VOUCHER FOR ROOM RENT WHILE HE WAS AWAY FROM HIS TEMPORARY DUTY STATION ARE CASES IN WHICH WE AUTHORIZED AGENCIES TO PAY EMPLOYEES' ACTUAL SUBSISTENCE EXPENSES UNDER THE AUTHORITY NOW CONTAINED IN 5 U.S.C. 5702 (C) AND SECTION 6.12 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS RATHER THAN PER DIEM IN LIEU OF SUBSISTENCE, AND TO INCLUDE IN THE REIMBURSABLE ACTUAL SUBSISTENCE EXPENSES THE COST OF QUARTERS THE EMPLOYEE WAS REQUIRED TO RETAIN FOR SOME VALID REASON AT ONE TEMPORARY DUTY STATION WHILE ON DUTY AWAY FROM THAT TEMPORARY DUTY STATION AT ANOTHER TEMPORARY DUTY STATION. IN THE CASE PRESENTED THE EMPLOYEE RETAINED HIS QUARTERS AT HIS TEMPORARY DUTY STATION DURING A PERIOD THE MOST OF WHICH WAS SPENT AT HIS OFFICIAL STATION ON ANNUAL LEAVE. SINCE PAYMENT OF PER DIEM OR ACTUAL SUBSISTENCE EXPENSES IS NOT AUTHORIZED WHEN AN EMPLOYEE IS AT HIS OFFICIAL STATION OR ON ANNUAL LEAVE THE CASES CITED DO NOT PROVIDE A BASIS FOR THE ALLOWANCE OF MR. RANDINO'S CLAIM. WE FIND NO OTHER AUTHORITY UNDER WHICH PAYMENT OF THE CLAIM MAY BE ALLOWED.

THEREFORE, THE VOUCHER WHICH IS RETAINED IN OUR FILES MAY NOT BE PAID. THE PAPERS ATTACHED TO THE VOUCHER ARE RETURNED.