B-168053, NOV. 10, 1969

B-168053, NOV. 10, 1969

SUBSISTENCE--PER DIEM--TEMPORARY DUTY--LEAVES OF ABSENCE--EFFECT ON PER DIEM EMPLOYEE WHO LEFT TEMPORARY DUTY STATION 5 P.M; FRIDAY, JULY 11, 1969, TO BEGIN WEEK'S ANNUAL LEAVE AND BECAUSE MONDAY, JULY 21, 1969, WAS PROCLAIMED NATIONAL DAY OF PARTICIPATION, STARTED RETURN TRAVEL 5 A.M; TUESDAY, JULY 22, AND REPORTED FOR DUTY 8 A.M. AT TEMPORARY STATION IS ENTITLED TO PER DIEM UNTIL MIDNIGHT JULY 11, 1969 WHICH WAS LAST DUTY DAY PRECEDING LEAVE; PER DIEM FOR NONWORKDAYS JULY 12 AND 13 WHICH WERE NOT PRECEDED BY ANNUAL LEAVE AND REGULATIONS PROVIDE NONWORKDAYS MUST BE PRECEDED AND FOLLOWED BY ANNUAL LEAVE IN ORDER TO TERMINATE SUBSISTENCE STATUS; AND PER DIEM FOR FULL DAY JULY 22 SINCE EMPLOYEE BEGAN TRAVEL AT 5 A.M. TO RETURN TO HIS TEMPORARY DUTY STATION.

TO MR. W. G. WILSON:

THIS REFERS TO YOUR LETTER OF SEPTEMBER 19, 1969, REFERENCE 9132:W:MM, WITH ENCLOSURES, REQUESTING A DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE RECLAIM VOUCHER OF MR. WESCO CATION, JR., REPRESENTING TRAVELING EXPENSES INCURRED BETWEEN HIS HEADQUARTERS AND HIS TEMPORARY DUTY STATION PRIOR TO AND AFTER A PERIOD OF ANNUAL LEAVE. YOU HAVE FURNISHED OUR OFFICE A COPY OF THE RECLAIM VOUCHER.

THE INFORMATION FURNISHED SHOWS THAT MR. CATION ON JULY 11, 1969 (FRIDAY), VOLUNTARILY DEPARTED HIS TEMPORARY DUTY STATION AT 5 P.M. FOR THE PURPOSE OF BEGINNING A WEEK OF ANNUAL LEAVE. WHILE HE WAS ON ANNUAL LEAVE THE PRESIDENT OF THE UNITED STATES PROCLAIMED MONDAY, JULY 21, 1969, WOULD BE A NATIONAL DAY OF PARTICIPATION AND THAT IT WOULD BE A HOLIDAY FOR ALL GOVERNMENT EMPLOYEES. MR. CATION REPORTED FOR WORK AT HIS TEMPORARY DUTY STATION ON JULY 22, 1969. HE IS CLAIMING REIMBURSEMENT OF PER DIEM IN LIEU OF SUBSISTENCE FOR THE LAST QUARTER OF JULY 11, 1969, AND FOR JULY 12 AND 13, 1969, WHICH WERE NONWORKDAYS. HE IS ALSO CLAIMING PER DIEM IN LIEU OF SUBSISTENCE FOR THE FIRST QUARTER OF JULY 22, 1969, WHILE RETURNING TO HIS TEMPORARY DUTY STATION FOLLOWING LEAVE OF ABSENCE. THE PER DIEM IN LIEU OF SUBSISTENCE IS LESS THAN THE COST OF ROUND-TRIP TRAVEL BY AUTOMOBILE.

SECTIONS 6.3 AND 6.4 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDE IN PART AS FOLLOWS:

"6.3 * * * IF LEAVE OF ABSENCE DOES NOT BEGIN OR TERMINATE WITHIN THE TRAVELER'S PRESCRIBED HOURS OF DUTY, THE TRAVELER WILL BE ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE EXPENSES UNTIL MIDNIGHT OF THE LAST DAY PRECEDING THE LEAVE OF ABSENCE AND FROM 12:01 A.M. OF THE DAY FOLLOWING THE LEAVE OF ABSENCE.

"A TRAVELER WILL BE CONSIDERED TO BE IN SUBSISTENCE STATUS ON NONWORK DAYS UNLESS HE RETURNS TO HIS OFFICIAL STATION OR PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION, OR 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).

"6.4 * * * IN CASES OF VOLUNTARY RETURN OF A TRAVELER FOR NONWORK DAYS TO HIS OFFICIAL STATION, OR HIS PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION, THE MAXIMUM REIMBURSEMENT ALLOWABLE FOR THE ROUND -TRIP TRANSPORTATION AND PER DIEM EN ROUTE WILL BE THE TRAVEL EXPENSE WHICH WOULD HAVE BEEN ALLOWABLE HAD THE TRAVELER REMAINED AT HIS TEMPORARY DUTY STATION.'

UNDER THE ABOVE-CITED REGULATION THE EMPLOYEE WOULD BE ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE UNTIL MIDNIGHT OF JULY 11, 1969, WHICH WAS HIS LAST DAY OF WORK PRECEDING THE LEAVE OF ABSENCE. HE WOULD ALSO BE ENTITLED TO A FULL DAY'S PER DIEM IN LIEU OF SUBSISTENCE FOR JULY 22, 1969, SINCE HE BEGAN TRAVEL AT 5 A.M. TO RETURN TO HIS TEMPORARY DUTY STATION. THE REGULATION ALSO PROVIDES THAT THE NONWORKDAYS MUST BE PRECEDED AND FOLLOWED BY A LEAVE OF ABSENCE IN ORDER TO TERMINATE THE EMPLOYEE'S SUBSISTENCE STATUS. SEE 31 COMP. GEN. 144 (1951) AND B 128266, JULY 2, 1956, COPY ENCLOSED. ACCORDINGLY, THE NONWORKDAYS NOT BEING PRECEDED BY LEAVE MR. CATION WOULD BE ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE FOR THE NONWORKDAYS NOT IN EXCESS OF TWO.