B-167967, OCT. 10, 1969

B-167967: Oct 10, 1969

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ALTHOUGH STOPOVERS WERE SCHEDULED IN TRAVEL ORDERS AS DUTY POINTS. EMPLOYEE WAS ENTITLED ONLY TO $6 PER DIEM RATE SPECIFIED IN SEC. 6.2C (3) OF STANDARDIZED GOVERNMENT TRAVEL REGULATIONS CONCERNING TRAVEL OUTSIDE U.S. WERE MORE THAN 6 HOURS AND REGULATIONS DO NOT DIFFERENTIATE BETWEEN STOPOVER NECESSARY TO PERFORM OFFICIAL BUSINESS AND STOPOVER MADE NECESSARY BY CARRIER SCHEDULES. YOU SAY THAT PART OF THE DEDUCTION ($3) OCCURRED BECAUSE THE EMPLOYEE WAS ALLOWED PER DIEM AT TRINIDAT AT $20 A DAY WHEREAS CLAIM WAS MADE AT THE RATE OF $23. SINCE THE DUTIES PERFORMED IN NASSAU AND GUADELOUPE WERE LESS THAN 6 HOURS EACH. THEY WERE ADMINISTRATIVELY REGARDED AS STOPOVERS RESULTING IN TOTAL ELAPSED TIME BETWEEN LOCALITIES OUTSIDE THE UNITED STATES EXCEEDING 6 HOURS WHICH WOULD RESULT IN THE $6 PER DIEM RATE BEING APPLICABLE UNDER SECTION 6.2C (3) OF THE SGTR.

B-167967, OCT. 10, 1969

SUBSISTENCE--PER DIEM--RATES--OUTSIDE UNITED STATES--STOPOVERS WHEN EMPLOYEE DEPARTED MIAMI, FLA; 10:12 A.M; JUNE 29, 1969, PERFORMED OFFICIAL BUSINESS AT NASSAU BEFORE LEAVING AT 3:12 P.M. FOR SAN JUAN, PUERTO RICO, ARRIVING AT 6:12 P.M; AND ON JULY 1, 1969, DEPARTED MARTINIQUE 10 A.M. AND ARRIVED GUADELOUPE 10:36 A.M. BEFORE LEAVING, AFTER DUTY, AT 4 P.M. FOR BARBADOS, ARRIVING 5:18 P.M; ALTHOUGH STOPOVERS WERE SCHEDULED IN TRAVEL ORDERS AS DUTY POINTS, EMPLOYEE WAS ENTITLED ONLY TO $6 PER DIEM RATE SPECIFIED IN SEC. 6.2C (3) OF STANDARDIZED GOVERNMENT TRAVEL REGULATIONS CONCERNING TRAVEL OUTSIDE U.S. SINCE ELAPSED TIME BY AIR FROM MIAMI TO SAN JUAN AND MARTINIQUE TO BARBADOS, INCLUDING STOPOVERS OF LESS THAN 6 HOURS, WERE MORE THAN 6 HOURS AND REGULATIONS DO NOT DIFFERENTIATE BETWEEN STOPOVER NECESSARY TO PERFORM OFFICIAL BUSINESS AND STOPOVER MADE NECESSARY BY CARRIER SCHEDULES. SEE 39 COMP. GEN. 728.

TO MR. R. P. HOGAN:

THIS REFERS TO YOUR LETTER OF SEPTEMBER 22, 1969, REFERENCE AD571, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER OF MR. WESLEY IRVIN IN THE AMOUNT OF $17 REPRESENTING AMOUNTS OF PER DIEM IN LIEU OF SUBSISTENCE DEDUCTED FROM A PREVIOUS VOUCHER.

YOU SAY THAT PART OF THE DEDUCTION ($3) OCCURRED BECAUSE THE EMPLOYEE WAS ALLOWED PER DIEM AT TRINIDAT AT $20 A DAY WHEREAS CLAIM WAS MADE AT THE RATE OF $23. YOU CONCEDE THE DIFFERENCE OF $3 PER DIEM IN LIEU OF SUBSISTENCE FOR ONE DAY AT TRINIDAD AS THE EXAMINER APPLIED THE RATES IN SUPPLEMENT NO. 60 RATHER THAN 61 OF THE STANDARDIZED REGULATIONS. THE REMAINING DEDUCTION AMOUNTING TO $14 RESULTS FROM DISSIMILAR VIEWS IN THE INTERPRETATION OF SECTION 6.2C (3) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS (SGTR).

MR. IRWIN PERFORMED OFFICIAL TRAVEL UNDER TRAVEL ORDER NO. 69-W14-36 FROM WASHINGTON, D.C., HIS HEADQUARTERS, TO MIAMI, FLORIDA, AND A NUMBER OF CARIBBEAN ISLAND LOCATIONS. HE DEPARTED FROM MIAMI AT 10:12 A.M., JUNE 29, 1969, AND PERFORMED OFFICIAL DUTY AT NASSAU THAT SAME DATE UNTIL 3:12 P.M. AT WHICH TIME HE LEFT FOR SAN JUAN, PUERTO RICO, WHERE HE SPENT THE NIGHT ARRIVING THERE AT :12 P.M. ON JULY 1, 1969, MR. IRVIN LEFT MARTINIQUE AT 10 A.M. AND ARRIVED IN GUADELOUPE AT 10:36 A.M. HE DEPARTED FROM THERE AT 4 P.M. AND ARRIVED IN BARBADOS AT 5:18 P.M. SINCE THE DUTIES PERFORMED IN NASSAU AND GUADELOUPE WERE LESS THAN 6 HOURS EACH, THEY WERE ADMINISTRATIVELY REGARDED AS STOPOVERS RESULTING IN TOTAL ELAPSED TIME BETWEEN LOCALITIES OUTSIDE THE UNITED STATES EXCEEDING 6 HOURS WHICH WOULD RESULT IN THE $6 PER DIEM RATE BEING APPLICABLE UNDER SECTION 6.2C (3) OF THE SGTR. MR. IRVIN DOES NOT THINK THE RULE IN SECTION 6.2C (3) OF THE SGTR IS APPLICABLE IN HIS CASE WITH RESPECT TO THE STOPS IN NASSAU AND GUADELOUPE BECAUSE THEY WERE DUTY POINTS AS SCHEDULED IN THE TRAVEL ORDER AND THAT HE IS ENTITLED TO PER DIEM AT THE RATE SPECIFIED FOR THE DESTINATION DUTY POINT AS INDICATED IN SECTION 6.2C (2) OF THE REGULATIONS (TRIPS LESS THAN 6 HOURS). SECTIONS 6.2C (2) AND (3) OF THE SGTR PROVIDE IN PART AS FOLLOWS:

"C. FOR TRAVEL ON OFFICIAL BUSINESS BEYOND THE LIMITS OF THE CONTINENTAL UNITED STATES BY AIRPLANE, TRAIN, OR BOAT (REGARDLESS OF WHETHER COMMERCIALLY OR GOVERNMENT-OWNED), WHETHER EN ROUTE BETWEEN THE CONTINENTAL UNITED STATES AND A LOCALITY BEYOND OR BETWEEN SUCH LOCALITIES, INCLUDING STOP-OVERS OF LESS THAN 6 HOURS, THE MAXIMUM PER DIEM THAT MAY BE AUTHORIZED OR APPROVED (EXCEPT FOR THE PROVISO IN SECTION 6.11) IS AS FOLLOWS:

"/2) FOR TRIPS OTHER THAN THOSE PRESCRIBED IN (1), THE MAXIMUM PER DIEM RATE ALLOWABLE BETWEEN DUTY POINTS WILL BE THAT OF THE DESTINATION DUTY POINT WHEN THE TRAVEL TIME BETWEEN A DUTY POINT IN THE CONTINENTAL UNITED STATES AND A DUTY POINT IN A LOCALITY BEYOND THE LIMITS OF THE CONTINENTAL UNITED STATES OR BETWEEN A DUTY POINT IN ONE SUCH LOCALITY AND A DUTY POINT IN ANOTHER IS LESS THAN 6 HOURS.

"/3) WHEN * * * THE TRAVEL TIME BETWEEN THE DUTY POINTS IS 6 HOURS OR MORE, THE PER DIEM RATE APPLICABLE OUTSIDE THE CONTINENTAL UNITED STATES WILL BE $6 * * *"

THE ABOVE PROVISIONS DO NOT DIFFERENTIATE BETWEEN STOPOVERS NECESSARY TO PERFORM OFFICIAL BUSINESS AND STOPOVERS MADE NECESSARY BY CARRIER SCHEDULES. 39 COMP. GEN. 728. SINCE THE ELAPSED TIME BY AIR FROM MIAMI TO SAN SUAN ON JUNE 29, 1969, AND FROM MARTINIQUE TO BARBADOS ON JULY 1, 1969, INCLUDING THE STOPOVERS OF LESS THAN 6 HOURS WERE MORE THAN 6 HOURS, MR. IRVIN WOULD BE ENTITLED TO THE $6 PER DIEM RATE AS PROVIDED IN SECTION 6.2C (3).

THEREFORE, THE VOUCHER RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT ONLY IN THE AMOUNT OF $3 IF OTHERWISE CORRECT.