B-166420, APR. 28, 1969

B-166420: Apr 28, 1969

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FC: THIS IS IN REPLY TO YOUR REQUEST OF FEBRUARY 11. CALLAHAN WAS IN TRAVEL STATUS IN GERMANY INCIDENT TO TEMPORARY DUTY FROM JULY 30 TO AUGUST 14. WAS PAID PER DIEM IN LIEU OF SUBSISTENCE WITH THE EXCEPTION OF THE PERIOD FROM MONDAY. WHEN HE WAS AUTHORIZED LEAVE. IT WAS DETERMINED THAT AN OVERPAYMENT OF PER DIEM WAS MADE AND THE AMOUNT OF PER DIEM PAID FOR AUGUST 3 (SATURDAY). 10 (SATURDAY) WAS COLLECTED. AUGUST 11 WAS NOT COLLECTED BECAUSE MR. CALLAHAN IS RECLAIMING PER DIEM FOR SATURDAY. PER DIEM ALLOWANCE WILL TERMINATE AT THE BEGINNING OF THE NEXT QUARTER DAY. THE TRAVELER WILL BE ENTITLED TO PER DIEM UNTIL MIDNIGHT OF THE LAST DAY ON WHICH SERVICES WERE RENDERED PRECEDING THE ABSENCE AND FROM 0001 OF THE DAY ON WHICH ACTUAL SERVICE IS RESUMED. * * * * * * * "6.

B-166420, APR. 28, 1969

TO LIEUTENANT COLONEL A. S. BACEY, FC:

THIS IS IN REPLY TO YOUR REQUEST OF FEBRUARY 11, 1969, REFERENCE AEZSH- CF, FOR A DECISION AS TO THE ALLOWABILITY OF A TRAVEL VOUCHER FOR $18 IN FAVOR OF MR. PAUL A. CALLAHAN, AN EMPLOYEE OF YOUR AGENCY.

MR. CALLAHAN WAS IN TRAVEL STATUS IN GERMANY INCIDENT TO TEMPORARY DUTY FROM JULY 30 TO AUGUST 14, 1968, AND WAS PAID PER DIEM IN LIEU OF SUBSISTENCE WITH THE EXCEPTION OF THE PERIOD FROM MONDAY, AUGUST 5, THROUGH FRIDAY, AUGUST 9, 1968, WHEN HE WAS AUTHORIZED LEAVE. SUBSEQUENTLY, IT WAS DETERMINED THAT AN OVERPAYMENT OF PER DIEM WAS MADE AND THE AMOUNT OF PER DIEM PAID FOR AUGUST 3 (SATURDAY), 4 (SUNDAY), AND 10 (SATURDAY) WAS COLLECTED. PER DIEM PAID FOR SUNDAY, AUGUST 11 WAS NOT COLLECTED BECAUSE MR. CALLAHAN RETURNED TO TRAVEL STATUS ON THAT DAY. MR. CALLAHAN IS RECLAIMING PER DIEM FOR SATURDAY, AUGUST 10.

SECTION C 10101, VOLUME 2, JOINT TRAVEL REGULATIONS, PROVIDES IN PERTINENT PART AS FOLLOWS: ,4. LEAVE BEGINS OR TERMINATES WITHIN HOURS OF DUTY. IF THE LEAVE OF ABSENCE BEGINS OR TERMINATES WITHIN THE TRAVELER'S PRESCRIBED HOURS OF DUTY, PER DIEM ALLOWANCE WILL TERMINATE AT THE BEGINNING OF THE NEXT QUARTER DAY, OR BEGIN WITH THE QUARTER DAY DURING WHICH THE LEAVE OF ABSENCE TERMINATES. IF THE LEAVE OF ABSENCE BEGINS OR TERMINATES OUTSIDE SUCH HOURS OF DUTY, THE TRAVELER WILL BE ENTITLED TO PER DIEM UNTIL MIDNIGHT OF THE LAST DAY ON WHICH SERVICES WERE RENDERED PRECEDING THE ABSENCE AND FROM 0001 OF THE DAY ON WHICH ACTUAL SERVICE IS RESUMED.

* * * * * * * "6. NONWORK DAYS. A TRAVELER WILL BE ENTITLED TO PER DIEM ON NONWORK DAYS UNLESS:

"3. ONE OR MORE NONWORK DAYS IMMEDIATELY PRECEDE AND FOLLOW A PERIOD OF ABSENCE (PER DIEM ALLOWANCE IS NOT PAYABLE FOR MORE THAN 2 NONWORK DAYS).'

IN REGARD TO SUBSISTENCE ON NONWORK DAYS, SECTION 6.3 (FORMERLY PARAGRAPH 45A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES IN PERTINENT PART AS FOLLOWS:

"A TRAVELER WILL BE CONSIDERED TO BE IN SUBSISTENCE STATUS ON NONWORK DAYS * * * UNLESS SUCH NONWORK DAY IS IMMEDIATELY PRECEDED AND FOLLOWED BY LEAVE OF ABSENCE: PROVIDED, THAT PER DIEM IN LIEU OF SUBSISTENCE MAY NOT BE PAID FOR MORE THAN 2 NONWORK DAYS WHERE THE LEAVE OF ABSENCE IS IMMEDIATELY PRECEDED AND FOLLOWED BY NONWORK DAY/S).'

APPARENTLY THE AGENCY REGULATION IN THE INSTANT CASE IS INTENDED TO APPLY IN THE SAME MANNER AS THE CITED STANDARDIZED GOVERNMENT TRAVEL REGULATION. UNDER THE LATTER REGULATION THE NONWORK DAYS MUST BE PRECEDED AND FOLLOWED BY A LEAVE OF ABSENCE IN ORDER TO TERMINATE THE EMPLOYEE'S SUBSISTENCE STATUS. SEE 31 COMP. GEN. 144 AND B-128266, JULY 2, 1956, COPY ENCLOSED. ACCORDINGLY, MR. CALLAHAN WAS ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE FOR THE NONWORK DAYS NOT IN EXCESS OF 2. SINCE HE HAS ONLY RECEIVED PAYMENT FOR 1 NONWORK DAY, HE IS ENTITLED TO PAYMENT FOR AN ADDITIONAL DAY.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE PAID IF OTHERWISE PROPER.