B-170413, SEP. 15, 1970

B-170413: Sep 15, 1970

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OF AGRICULTURE EMPLOYEE WHO WAS ON ANNUAL LEAVE AT TUSKEGEE. MAY HAVE VOUCHER FOR TRAVEL EXPENSES CERTIFIED EMPLOYEE WHO HAD ARRANGED A PERIOD OF ANNUAL LEAVE FOR PERSONAL BUSINESS SO AS NOT TO CONFLICT WITH TRAVEL TO AN OFFICIAL MEETING AND THEN BECAUSE THE MEETING WAS RESCHEDULED TRAVELED FROM HIS LEAVE LOCATION TO ATTEND THE MEETING AND THEN RETURNED TO THE LEAVE LOCATION MAY HAVE SUCH TRAVEL REGARDED AS AN INTERRUPTION OF ANNUAL LEAVE SO AS TO BE ENTITLED TO REIMBURSEMENT FOR THE TRAVEL EXPENSES AND THE EMPLOYEE NEED NOT BE LIMITED TO THE COST THAT WOULD HAVE BEEN INCURRED HAD THE TRAVEL BEEN PERFORMED FROM THE PERMANENT STATION TO THE TEMPORARY DUTY STATION AND RETURN. CARROLL: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 20.

B-170413, SEP. 15, 1970

ANNUAL LEAVE -- TEMPORARY DUTY -- TRAVEL EXPENSES DECISION TO CERTIFYING OFFICER, ADVISING THAT THE EXPENSES INCURRED BY A DEPT. OF AGRICULTURE EMPLOYEE WHO WAS ON ANNUAL LEAVE AT TUSKEGEE, ALA., AND HAD TO PERFORM TEMPORARY DUTY AT A MEETING IN LA CROSSE, WISC., AND THEN RETURN TO ALABAMA TO RESUME HIS LEAVE, MAY HAVE VOUCHER FOR TRAVEL EXPENSES CERTIFIED EMPLOYEE WHO HAD ARRANGED A PERIOD OF ANNUAL LEAVE FOR PERSONAL BUSINESS SO AS NOT TO CONFLICT WITH TRAVEL TO AN OFFICIAL MEETING AND THEN BECAUSE THE MEETING WAS RESCHEDULED TRAVELED FROM HIS LEAVE LOCATION TO ATTEND THE MEETING AND THEN RETURNED TO THE LEAVE LOCATION MAY HAVE SUCH TRAVEL REGARDED AS AN INTERRUPTION OF ANNUAL LEAVE SO AS TO BE ENTITLED TO REIMBURSEMENT FOR THE TRAVEL EXPENSES AND THE EMPLOYEE NEED NOT BE LIMITED TO THE COST THAT WOULD HAVE BEEN INCURRED HAD THE TRAVEL BEEN PERFORMED FROM THE PERMANENT STATION TO THE TEMPORARY DUTY STATION AND RETURN.

TO MR. PAUL A. CARROLL:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 20, 1970, ENCLOSING A VOUCHER FOR AN ADDITIONAL AMOUNT OF $49.60 IN FAVOR OF DOCTOR C. A. WILLIAMS, FOR TRAVEL FROM TUSKEGEE, ALABAMA, WHERE HE WAS ON ANNUAL LEAVE, TO LA CROSSE, WISCONSIN, FOR TEMPORARY DUTY AND RETURN TO DECATUR, ALABAMA, WHERE HE RESUMED HIS ANNUAL LEAVE.

THE TRAVEL WAS PERFORMED DURING THE PERIOD JUNE 22 TO 24, 1970, PURSUANT TO ORDERS DATED JUNE 17, 1970, WHICH REQUIRED HIM TO ATTEND AND PARTICIPATE IN A MEETING AT LA CROSSE. AIR TRAVEL FROM MONTGOMERY, ALABAMA, TO MADISON, WISCONSIN, AND RETURN TO HUNTSVILLE, ALABAMA, WAS PERFORMED AT GOVERNMENT EXPENSE USING A TRANSPORTATION REQUEST ALSO DATED JUNE 17, 1970.

DR. WILLIAMS IS REQUESTING REIMBURSEMENT FOR ALL TRAVEL AND TRANSPORTATION COSTS FROM TUSKEGEE TO LA CROSSE TO DECATUR, RATHER THAN BEING LIMITED TO THE COST THAT WOULD HAVE BEEN INCURRED HAD TRAVEL BEEN PERFORMED FROM HIS PERMANENT STATION (WASHINGTON, D. C.) TO LA CROSSE AND RETURN. HIS REQUEST IS ON THE BASIS THAT (1) AT THE TIME HE PLANNED HIS LEAVE THE MEETING AT LA CROSSE HAD BEEN SCHEDULED FOR JUNE 4 AND 5, 1970; (2) FIRM COMMITMENTS HAD BEEN MADE WITH PERSONS IN CONNECTION WITH THE LOSS OF HIS PROPERTY IN TUSKEGEE; (3) AFTER MAKING THESE COMMITMENTS AND SCHEDULING HIS LEAVE, THE DATE OF THE MEETING IN LA CROSSE WAS RESCHEDULED FOR A DATE WHICH CONFLICTED WITH HIS LEAVE; (4) HE WAS UNABLE TO CHANGE HIS PERSONAL COMMITMENTS IN ALABAMA, AND (5) IT WAS NOT POSSIBLE FOR ANOTHER EMPLOYEE TO REPRESENT THE EXTENSION SERVICE AT THE LA CROSSE MEETING.

YOU SAY THAT IN VIEW OF THE FACT THAT DR. WILLIAMS' OFFICIAL TRAVEL WAS CHANGED AFTER HE HAD MADE PERSONAL COMMITMENTS AND THAT HE USED EVERY REASONABLE MEANS TO AVOID TRAVEL FROM HIS LEAVE POINT TO HIS TEMPORARY DUTY AND RETURN, THERE IS SOME JUSTIFICATION FOR REQUESTING A RULING ON WHETHER HE MAY BE REIMBURSED FOR THE TRAVEL AS PERFORMED.

IN VIEW OF THE ABOVE CIRCUMSTANCES RELATED BY DR. WILLIAMS WE BELIEVE HIS CASE FALLS WITHIN THE RULE OF OUR DECISION THAT WHEN AN EMPLOYEE WHO IS ON AUTHORIZED ANNUAL LEAVE IS DIRECTED TO PERFORM TEMPORARY DUTY AND IS THEREAFTER PERMITTED TO RESUME HIS LEAVE STATUS AT THE PLACE WHERE IT WAS INTERRUPTED, HE IS ENTITLED TO BE REIMBURSED FOR THE TRAVEL EXPENSES INVOLVED. 16 COMP. GEN. 481; 25 ID. 347; 28 ID. 237; 39 ID. 611.

ACCORDINGLY, THE VOUCHER IS RETURNED HEREWITH AND MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.