B-168218, AUG. 11, 1970

B-168218: Aug 11, 1970

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TO CALIFORNIA ON TERMINATION OF EMPLOYEE AND SUBSEQUENTLY WAS REEMPLOYED BY DEPT. OF ARMY MAY NOT HAVE DEPENDENTS TRAVEL REGARDED AS BEING PERFORMED INCIDENT TO TRANSFER FOR PER DIEM PURPOSES. EMPLOYEE'S CLAIM FOR REIMBURSEMENT FOR EXPENSES WHILE IN TEMPORARY QUARTERS AT NEW OFFICIAL STATION IS NOT PRECLUDED BY REASON OF FACT EMPLOYEE WAS ON ANNUAL LEAVE SO LONG AS HE DID NOT LEAVE NEW OFFICIAL STATION. THAT IS. YOU WERE ALLOWED PER DIEM AND EXPENSES ON THE BASIS THAT TERMINATION OF YOUR EMPLOYMENT AT LONDON. RETURN TO THE UNITED STATES WAS FOR SEPARATION BY THE DEPARTMENT OF THE AIR FORCE. YOU TAKE EXCEPTION TO THE FACT THAT YOU WERE NOT ALLOWED MILEAGE TO THE EXTENT RECOMMENDED ON AIR FORCE FORM 610-13.

B-168218, AUG. 11, 1970

EMPLOYEE -- TRANSFER V TERMINATION AND REAPPOINTMENT EMPLOYEE WHO WITH DEPENDENTS RETURNED FROM LONDON, ENGLAND, TO CALIFORNIA ON TERMINATION OF EMPLOYEE AND SUBSEQUENTLY WAS REEMPLOYED BY DEPT. OF ARMY MAY NOT HAVE DEPENDENTS TRAVEL REGARDED AS BEING PERFORMED INCIDENT TO TRANSFER FOR PER DIEM PURPOSES. EMPLOYEE'S CLAIM FOR REIMBURSEMENT FOR EXPENSES WHILE IN TEMPORARY QUARTERS AT NEW OFFICIAL STATION IS NOT PRECLUDED BY REASON OF FACT EMPLOYEE WAS ON ANNUAL LEAVE SO LONG AS HE DID NOT LEAVE NEW OFFICIAL STATION.

TO MR. DALE E. RAGEL:

YOUR LETTERS OF APRIL 16 AND 17, 1970, WITH ENCLOSURES, REQUEST RECONSIDERATION OF THE TRAVEL AND TRANSPORTATION EXPENSES ALLOWED YOU IN THE SUMS OF $418.90 ON DEPARTMENT OF THE AIR FORCE VOUCHER NO. 16730 PAID FEBRUARY 26, 1970, AND $476.44 ON DEPARTMENT OF THE ARMY VOUCHER NO. 668171 PAID MARCH 2, 1970.

OUR CLAIMS DIVISION SETTLEMENT CERTIFICATE DATED JANUARY 12, 1970, AUTHORIZED PAYMENT ON THE VOUCHERS TO THE EXTENT INDICATED THEREIN. THAT IS, YOU WERE ALLOWED PER DIEM AND EXPENSES ON THE BASIS THAT TERMINATION OF YOUR EMPLOYMENT AT LONDON, ENGLAND, AND RETURN TO THE UNITED STATES WAS FOR SEPARATION BY THE DEPARTMENT OF THE AIR FORCE, THERE BEING NO TRANSFER TO THE DEPARTMENT OF THE ARMY UNTIL AFTER YOUR ARRIVAL IN CALIFORNIA.

YOU TAKE EXCEPTION TO THE FACT THAT YOU WERE NOT ALLOWED MILEAGE TO THE EXTENT RECOMMENDED ON AIR FORCE FORM 610-13, DATED SEPTEMBER 30, 1969, OR PER DIEM FOR YOUR DEPENDENTS WHILE TRAVELING. ALSO, YOU FEEL YOU ARE ENTITLED TO AN ADDITIONAL AMOUNT UNDER THE TEMPORARY QUARTERS ALLOWANCE REGULATIONS.

THE ADDITIONAL MILEAGE PAYMENTS RECOMMENDED ON FORM 610-13 WERE BASED ON INCORRECT MILEAGE BETWEEN AUTHORIZED POINTS. THEREFORE, MILEAGE WAS COMPUTED AS INDICATED ON THE SETTLEMENT. NO PER DIEM WAS ALLOWED FOR YOUR DEPENDENTS' TRAVEL BECAUSE AS PREVIOUSLY INDICATED YOUR TRAVEL AND THAT OF YOUR DEPENDENTS FROM LONDON TO CALIFORNIA WAS REGARDED AS BEING PERFORMED PURSUANT TO A RETURN FOR SEPARATION RATHER THAN TRANSFER. PER DIEM FOR DEPENDENTS IS ALLOWABLE ONLY WHEN A TRANSFER IS INVOLVED. SEE OUR DECISION IN 47 COMP. GEN. 763.

REGARDING YOUR CLAIM FOR AN ADDITIONAL AMOUNT FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES, YOU ARE ADVISED THAT WE HAVE HELD THAT THE TAKING OF ANNUAL LEAVE DOES NOT INTERRUPT THE 30 CONSECUTIVE DAYS DURING WHICH THE TEMPORARY QUARTERS ALLOWANCE IS PAYABLE. 47 COMP. GEN. 322; ALSO SEE SECTION 2.5B(1) OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED JUNE 26, 1969. HOWEVER, WE HAVE RECOGNIZED THAT THE EXPENSES INCURRED BY AN EMPLOYEE WHILE IN TEMPORARY QUARTERS AT THE NEW OFFICIAL STATION MAY BE REIMBURSED EVEN THOUGH THE EMPLOYEE IS ON ANNUAL LEAVE UNLESS HE DEPARTS THEREFROM ON PERSONAL BUSINESS. B-169525, MAY 11, 1970. YOU SAY YOU TOOK ANNUAL LEAVE FOR THE PURPOSE OF LOOKING FOR A HOUSE AND THAT YOU INCURRED HOTEL AND OTHER EXPENSES DURING THE PERIOD BUT DID NOT MAKE CLAIM ORIGINALLY FOR THIS PERIOD BECAUSE OF ADVICE FROM YOUR AGENCY THAT REIMBURSEMENT WAS NOT ALLOWABLE.

IN VIEW OF SUCH CIRCUMSTANCES IF YOU WILL NOW FURNISH US WITH AN ITEMIZATION OF THE EXPENSES YOU INCURRED DURING SUCH PERIOD OF ANNUAL LEAVE (APPARENTLY NOVEMBER 4 TO 11, 1967, INCLUSIVE) INCLUDING LODGING RECEIPTS, IF AVAILABLE, WE WILL FURTHER CONSIDER THE MATTER.