B-167662, SEP. 18, 1969

B-167662: Sep 18, 1969

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GRAVELINE WAS REQUIRED TO VACATE HIS PERMANENT QUARTERS AT HIS OLD OFFICIAL DUTY STATION ON JUNE 30. A-56 WHICH WAS INCORPORATED AS PART OF MR. YOU QUESTION WHETHER RECEIPTS FOR LODGING ARE REQUIRED. SUBSECTION 6.12F OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS REFERRED TO THEREIN PROVIDES HOW THE ACTUAL EXPENSES ARE TO BE SHOWN AND SUPPORTED. SUBSECTION 6.12F PROVIDES: "* * * ACTUAL AND NECESSARY SUBSISTENCE EXPENSES INCURRED ON A TRAVEL ASSIGNMENT FOR WHICH REIMBURSEMENT IS CLAIMED BY A TRAVELER WILL BE ITEMIZED IN A MANNER PRESCRIBED BY THE HEADS OF DEPARTMENTS AND ESTABLISHMENTS WHICH WILL PERMIT AT LEAST A REVIEW OF THE AMOUNTS SPENT DAILY FOR (1) LODGING. RECEIPTS WILL BE REQUIRED AT LEAST FOR LODGING.'.

B-167662, SEP. 18, 1969

CIVIL PAY - TRANSFERS - TEMPORARY QUARTERS DECISION TO CERTIFYING OFFICER OF BUREAU OF CUSTOMS, TREASURY, CONCERNING TRAVEL AND SUBSISTENCE EXPENSES INCIDENT TO TRANSFER OF EMPLOYEE'S OFFICIAL STATION FROM OGDENSBURG, NEW YORK TO ST. THOMAS, VIRGIN ISLANDS. EMPLOYEE WHO DID NOT FURNISH ANY RECEIPTS OR ITEMIZATION FOR SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS FOLLOWING DEPARTURE FROM OLD STATION MAY NOT BE ALLOWED SUBSISTENCE. HOWEVER, CANCELED CHECK MAY BE ACCEPTED AS A RECEIPT FOR THE LODGINGS. EMPLOYEE WHO REMAINED IN NEW YORK CITY FROM JUNE 30, 1968, AFTER LEAVING OLD STATION BY PRIVATELY OWNED AUTOMOBILE UNTIL JULY 8 WHEN HE AND HIS FAMILY DEPARTED FOR HIS NEW STATION, VIRGIN ISLANDS, BY AIRPLANE MAY BE ALLOWED 1-1/4 DAYS' PER DIEM FOR JULY 5 AND 6 AND 1/4 DAY AT ST. THOMAS THERE BEING NO EXPLANATION AS TO REASON FOR STAY IN NEW YORK CITY.

TO MR. E. J. ELSBERRY, JR.:

YOUR LETTER OF JULY 30, 1969, REFERENCE FIS-5-FIN-2 XFIS-8, ENCLOSING A VOUCHER IN FAVOR OF PAUL WILLIAM GRAVELINE COVERING TRAVELING AND SUBSISTENCE EXPENSES INCURRED INCIDENT TO A TRANSFER OF OFFICIAL DUTY STATION FROM OGDENSBURG, NEW YORK, TO ST. THOMAS, VIRGIN ISLANDS, REQUESTS AN ADVANCE DECISION W&ET&ER T&E VOUCHER MAY BE CERTIFIED FOR PAYMENT.

THE VOUCHER INDICATES THAT THESE EVENTS OCCURRED: MR. GRAVELINE WAS REQUIRED TO VACATE HIS PERMANENT QUARTERS AT HIS OLD OFFICIAL DUTY STATION ON JUNE 30, 1968, AND MOVE TO TEMPORARY QUARTERS. ON THE 5TH OF JULY, 1968, HE LEFT CHAZY, NEW YORK, WITH HIS WIFE AND CHILD IN HIS AUTOMOBILE, APPARENTLY ARRIVING IN NEW YORK CITY ON THE SAME DAY. HOWEVER, HE AND HIS FAMILY DID NOT DEPART NEW YORK BY AIRPLANE UNTIL 11:30 A.M. JULY 8. THEY ARRIVED AT ST. THOMAS, VIRGIN ISLANDS, HIS NEW DUTY STATION, AT 3:15 P.M. THE SAME DAY. NO QUARTERS BEING AVAILABLE, HE AND HIS FAMILY STAYED IN HOTELS UNTIL THE 26TH OF JULY AT WHICH TIME HE SENT HIS FAMILY BACK TO THE UNITED STATES AND BEGAN SHARING AN APARTMENT WITH ANOTHER EMPLOYEE. PERMANENT QUARTERS BECAME AVAILABLE ON SEPTEMBER 5, 1968, AT WHICH TIME MR. GRAVELINE'S FAMILY FLEW BACK TO ST. THOMAS. MR. GRAVELINE CLAIMS SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS FROM JUNE 30, 1968, TO AUGUST 29, 1968.

YOU QUESTION WHETHER MR. GRAVELINE HAS COMPLIED WITH SUBSECTION 6.12F OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS REFERRED TO IN SUBSECTION 2.5D (1) OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 WHICH WAS INCORPORATED AS PART OF MR. GRAVELINE'S TRANSFER AUTHORIZATION, SF 50. SPECIFICALLY, YOU QUESTION WHETHER RECEIPTS FOR LODGING ARE REQUIRED, WHETHER MR. GRAVELINE ITEMIZED EXPENSES FOR MEALS PROPERLY, AND WHETHER EXPENSES PAYABLE TO HIS FAMILY AFTER THEY RETURNED TO THE UNITED STATES AND TO HIMSELF AFTER HE BEGAN SHARING AN APARTMENT WITH ANOTHER EMPLOYEE.

SUBSECTION 2.5D (1) OF CIRCULAR NO. A-56 STATES CLEARLY THAT ONLY ACTUAL EXPENSES CAN BE REIMBURSED, AND SUBSECTION 6.12F OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS REFERRED TO THEREIN PROVIDES HOW THE ACTUAL EXPENSES ARE TO BE SHOWN AND SUPPORTED. SUBSECTION 6.12F PROVIDES:

"* * * ACTUAL AND NECESSARY SUBSISTENCE EXPENSES INCURRED ON A TRAVEL ASSIGNMENT FOR WHICH REIMBURSEMENT IS CLAIMED BY A TRAVELER WILL BE ITEMIZED IN A MANNER PRESCRIBED BY THE HEADS OF DEPARTMENTS AND ESTABLISHMENTS WHICH WILL PERMIT AT LEAST A REVIEW OF THE AMOUNTS SPENT DAILY FOR (1) LODGING, (2) MEALS, AND (3) ALL OTHER ITEMS OF SUBSISTENCE EXPENSES. RECEIPTS WILL BE REQUIRED AT LEAST FOR LODGING.' THUS, A CLEAR REQUIREMENT FOR RECEIPTS FOR LODGING IS STATED, AND WE HAVE HELD IN B- 165139, OCTOBER 8, 1968, THAT A BARE STATEMENT OF CHARGES INCLUDING LODGING MAY NOT BE REGARDED AS A RECEIPT.

WE HAVE HELD ALSO THAT AN ESTIMATE OF AVERAGE COST OF MEALS PER DAY IS TOO GENERAL TO BE CONSIDERED AS COMPLIANCE WITH SUBSECTION 6.12F. HOWEVER, IN SOME CASES WE HAVE ACCEPTED ESTIMATES OF EXPENDITURES FOR MEALS WHEN IT IS REASONABLE TO ASSUME THAT AT LEAST THE ESTIMATED AMOUNT OF THE COST OF MEALS WOULD HAVE BEEN EXPENDED. SEE B-165020, SEPTEMBER 9, 1968.

WE NOTE THAT THE EMPLOYEE HAS CLAIMED $28 A DAY FOR SUBSISTENCE (TEMPORARY QUARTERS ALLOWANCE) IN CHOZY, NEW YORK, AFTER VACATING HIS QUARTERS, THAT IS, FROM NOON JUNE 30, 1968, TO 6 A.M. JULY 5, 1968, AND ALSO FOR A 2-1/2-DAY DELAY IN NEW YORK CITY, HAVING DEPARTED FOR ST. THOMAS AT 11:30 A.M. ON JULY 8, 1968. HOWEVER, NO RECEIPTS FOR LODGING AND MEALS (OR ESTIMATES) HAVE BEEN FURNISHED FOR THE PERIOD JUNE 30 TO JULY 8, 1968. FOR THE PERIOD JULY 8 THROUGH JULY 26 RECEIPTS FOR LODGING IN ST. THOMAS, VIRGIN ISLANDS, WERE FURNISHED PLUS AN ESTIMATE OF EXPENDITURES OF $20 PER DAY FOR MEALS OF TWO ADULTS AND ONE CHILD. THAT CONNECTION THE CANCELLED CHECK FOR $291.25 FURNISHED BY THE EMPLOYEE MAY BE ACCEPTED AS A RECEIPT FOR LODGINGS.

SINCE MR. GRAVELINE HAS FAILED TO FURNISH ANY RECEIPTS OR ITEMIZATION COVERING THE PERIODS HE HAS CLAIMED SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS DURING THE PERIOD JUNE 30 TO JULY 8, 1968, NO CONSIDERATION MAY BE GIVEN TO ALLOWANCE OF ANY AMOUNT FOR TEMPORARY QUARTERS DURING SUCH PERIOD UNDER SECTION 2.5 OF CIRCULAR NO. A-56.

CONCERNING PER DIEM IN LIEU OF SUBSISTENCE, THE EMPLOYEE SHOWS THAT HE LEFT CHAZY, NEW YORK AT 6 A.M. ON JULY 5, 1968, BY PRIVATELY OWNED AUTOMOBILE. HE DOES NOT STATE THE TIME HE ARRIVED IN NEW YORK CITY BUT WE ASSUME BECAUSE OF THE DISTANCE INVOLVED THAT HE ARRIVED THERE SOME TIME BETWEEN NOON AND 6 P.M. ON THAT DAY. WE FURTHER ASSUME HE COULD HAVE TAKEN AN AIRPLANE THE NEXT DAY AT 1:30 A.M., THERE BEING NO EXPLANATION OF WHY HE REMAINED IN NEW YORK CITY UNTIL JULY 8, 1968. UPON THAT BASIS HE MAY BE ALLOWED PER DIEM AT AN AGGREGATE RATE OF $36 ($16 FOR EMPLOYEE, $12 FOR SPOUSE AND $8 FOR ONE CHILD UNDER 12 YEARS) FROM 6 A.M., JULY 5 THROUGH THE SECOND QUARTER ON JULY 6 (1-1/4 DAYS) AND 1/4 DAY AT THE ST. THOMAS, VIRGIN ISLANDS AGGREGATE $60.75 RATE FOR SELF AND FAMILY. SEE B- 158171, JANUARY 24, 1966. THE PER DIEM SO COMPUTED AMOUNTS TO $60.19.

REFERRING TO MR. GRAVELINE'S ENTITLEMENT TO TEMPORARY QUARTERS ALLOWANCE AFTER HE ARRIVED IN ST. THOMAS, VIRGIN ISLANDS, WE HAVE HELD THAT THE 30 OR 60-DAY PERIOD OF TEMPORARY QUARTERS ALLOWANCE IS TO BE REGARDED AS RUNNING CONTINUOUSLY EXCEPT IN INSTANCES WHEN FOR REASONS OF OFFICIAL NECESSITY THE PERIOD IS INTERRUPTED. B-162601, DECEMBER 6, 1967. THE PERIOD FOR WHICH THE EMPLOYEE CLAIMED TEMPORARY QUARTERS REIMBURSEMENT BEGAN AT NOON ON JUNE 30, 1968. IT CONTINUED UNTIL 6 A.M. ON JULY 5, 1968 (4-3/4 DAYS) WHEN INTERRUPTED BECAUSE OF OFFICIAL NECESSITY TO BEGIN TRAVEL TO THE NEW DUTY STATION. IN THE ABSENCE OF INFORMATION CONCERNING THE DELAY IN NEW YORK CITY, PREVIOUSLY REFERRED TO, IT WOULD PICK UP AGAIN (CONSTRUCTIVELY) AT 6 P.M. ON JULY 6, 1968, AND WOULD TERMINATE AT THE END OF 60 DAYS WHICH WOULD RUN THROUGH AUGUST 30, 1968. INCIDENTALLY WE ASSUME THE 60 DAYS OF TEMPORARY QUARTERS ALLOWANCE HAS BEEN APPROVED BY THE PROPER AUTHORITY. THE FIRST 10-DAY PERIOD SHOULD BE COMPUTED IN A SIMILAR MANNER AND WOULD TERMINATE AT MIDNIGHT ON JULY 11, 1968. THE SECOND 10-DAY PERIOD BEGAN JULY 12 AND EXPIRED ON JULY 21. THE THIRD 10- DAY PERIOD BEGAN JULY 22 AND EXPIRED JULY 31, 1968. THE ADDITIONAL 30-DAY PERIOD EXPIRED AT MIDNIGHT AUGUST 30, 1968.

THE MAXIMUM AMOUNTS ALLOWABLE DAILY FOR THE THREE 10-DAY PERIODS AT THE ST. THOMAS RATES ARE $47.25, $31.50 AND $23.63 (UNTIL JULY 27), RESPECTIVELY. BEGINNING JULY 27 THE MAXIMUM AMOUNT ALLOWABLE FOR WIFE AND CHILD IN NEW YORK WAS $8 PER DAY AND FOR THE EMPLOYEE IN ST. THOMAS $10.13 PER DAY OF A TOTAL OF $18.13.

CONSIDERING THE MATTER AS A WHOLE WE HAVE DETERMINED THAT THE EMPLOYEE'S ESTIMATE OF MEAL EXPENDITURES FOR HIMSELF AND FAMILY IN ST. THOMAS DURING THE PERIOD JULY 8, THROUGH JULY 26, 1968, MAY BE ACCEPTED AS REASONABLE WITHOUT FURTHER ITEMIZATION. ALSO, WE WILL ACCEPT THE EMPLOYEE'S ESTIMATE OF $8 PER DAY FOR SUBSISTENCE EXPENSES OF HIS WIFE AND CHILD IN NEW YORK FOR THE PERIOD JULY 27 THROUGH AUGUST 30, 1968. IN THAT CONNECTION IT APPEARS TO US THAT THE EMPLOYEE HAS NOT CLAIMED ANY EXPENSES FOR HIMSELF WHILE LIVING IN ST. THOMAS APART FROM HIS FAMILY DURING SUCH PERIOD. THE FACT THAT THE WIFE AND CHILD OCCUPIED TEMPORARY QUARTERS IN THE UNITED STATES DOES NOT APPEAR TO PRECLUDE PAYMENT OF THE ALLOWANCE THEREFOR IF OTHERWISE PROPER, SUBSECTION 2.5B (5) OF CIRCULAR NO. A-56 SPECIFICALLY MENTIONS THE SITUATION OF THE EMPLOYEE AND FAMILY OCCUPYING TEMPORARY QUARTERS AT DIFFERENT LOCATIONS AND THAT SITUATION WAS DEALT WITH IN B- 161796, SEPTEMBER 1, 1967, THE DECISION STATING THAT EXPENSES AT BOTH LOCATIONS COULD BE REIMBURSED. THE APPLICABLE RATE FOR EACH LOCATION UNDER SUBSECTION 2.5D (2) SHOULD BE USED, HOWEVER.

IN ACCORDANCE WITH THE ABOVE, THE TEMPORARY QUARTERS ALLOWANCE FOR WHICH REQUIRED RECEIPTS AND OTHERWISE ACCEPTABLE ESTIMATES HAVE BEEN FURNISHED IS TO BE COMPUTED BY ALLOWING 1/4 DAY ON JULY 8 PLUS THREE MORE DAYS TO COMPLETE THE FIRST 10-DAY PERIOD. ON JULY 8 THE EMPLOYEE EXPENDED $20 FOR A HOTEL ROOM AND $9.50 (ESTIMATE) FOR DINNERS FOR HIMSELF AND FAMILY OR $29.50. ON JULY 9, 10 AND 11, THE HOTEL EXPENSES OF $20 PER DAY PLUS MEALS OF $20 PER DAY (ESTIMATE), WOULD AMOUNT TO $120 OR $149.50 ALLOWABLE EXPENDITURES FOR THE 10-DAY PERIOD. SINCE THIS AMOUNT IS WELL WITHIN THE MAXIMUM ALLOWANCE IT APPEARS PROPER FOR PAYMENT. FOR THE NEXT 10 DAYS (JULY 12 THROUGH JULY 21) THE MAXIMUM AMOUNT ALLOWABLE PER DAY IS $31.50 OR $315. SINCE THIS IS LESS THAN THE AMOUNT OF ALLOWABLE EXPENDITURES ($40.72 PER DAY), IT APPEARS PROPER FOR PAYMENT. FOR THE FIRST 5 DAYS OF THE THIRD 10-DAY PERIOD (JULY 22 THROUGH JULY 26) THE MAXIMUM ALLOWABLE IS $23.63 PER DAY AND FOR THE BALANCE OF 5 DAYS THE MAXIMUM IS $18.13 ($8 PER DAY FOR WIFE AND CHILD IN NEW YORK AND $10.13 PER DAY FOR EMPLOYEE IN ST. THOMAS) OR A 10-DAY TOTAL OF $208.80. DURING THE PERIOD JULY 22 THROUGH JULY 26 THE EMPLOYEE EXPENDED $104 FOR HOTEL LODGING PLUS $100 FOR MEALS (ESTIMATE). FOR THE BALANCE OF THIS 10-DAY PERIOD THE ALLOWABLE EXPENDITURES OF $8 PER DAY AS CLAIMED ($40) WOULD MAKE A TOTAL OF $244. THEREFORE, THE $208.80 MAY BE CONSIDERED PROPER FOR PAYMENT. FOR THE ADDITIONAL 30 DAYS A TOTAL OF $240 IS CONSIDERED PROPER FOR PAYMENT.

TO SUMMARIZE, THE EMPLOYEE IS ENTITLED TO $31 FOR MILEAGE; $60.19 FOR PER DIEM; $913.30 FOR TEMPORARY QUARTERS ALLOWANCE AND $200 MISCELLANEOUS EXPENSE ALLOWANCE OR A TOTAL OF $1,204.49. THE VOUCHER IS RETURNED AND MAY BE CERTIFIED FOR PAYMENT IN THAT AMOUNT. IF THE EMPLOYEE SHOULD SUBMIT FURTHER EVIDENCE OF HIS ACTUAL EXPENDITURES THE MATTER SHOULD BE RETURNED HERE FOR FURTHER CONSIDERATION.