B-175925, JUL 25, 1972

B-175925: Jul 25, 1972

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THE PREVIOUS DENIAL OF THIS CLAIM WAS DONE ON THE MISTAKEN ASSUMPTION THAT DAILY DIRECT FLIGHTS WERE AVAILABLE FROM KANO. SINCE THE ONLY FLIGHT AVAILABLE TO LONDON ON THE DATE CLAIMANT TRAVELED WAS VIA ROME. CLAIMANT IS ENTITLED TO PER DIEM FOR THIS PERIOD. SECRETARY: REFERENCE IS MADE TO A LETTER DATED MAY 9. WAS AUTHORIZED TRAVEL AND TRANSPORTATION ENTITLEMENTS INCIDENT TO A TRANSFER FROM HIS OFFICIAL DUTY STATION IN JOS. IT WAS STATED IN THE LETTER OF MAY 9. WERE AVAILABLE DURING DECEMBER 1970. MOORE COULD HAVE TRAVELED AS FOLLOWS: "12/25/70 11:00 A.M. "HIS PER DIEM WAS CALCULATED ON THIS BASIS AND HIS CLAIM REDUCED BY $112.06. ***" WE NOTE THAT THE REGULATIONS PRESCRIBED BY THE AGENCY FOR INTERNATIONAL DEVELOPMENT (AID) ARE TO BE USED IN DETERMINING DR.

B-175925, JUL 25, 1972

TRAVEL - PER DIEM - DIRECT ROUTE DECISION ALLOWING IN PART CLAIM OF DR. WELLINGTON MOORE, AN EMPLOYEE OF THE PUBLIC HEALTH SERVICE, FOR PER DIEM INCIDENT TO CHANGE OF STATIONS FROM JOS, NIGERIA, TO CINCINNATI, OHIO, WITH AN AUTHORIZED STOPOVER IN ROME, ITALY. THE PREVIOUS DENIAL OF THIS CLAIM WAS DONE ON THE MISTAKEN ASSUMPTION THAT DAILY DIRECT FLIGHTS WERE AVAILABLE FROM KANO, NIGERIA, TO LONDON, ENGLAND. SINCE THE ONLY FLIGHT AVAILABLE TO LONDON ON THE DATE CLAIMANT TRAVELED WAS VIA ROME, THIS ROUTE MAY BE CONSIDERED THE USUALLY TRAVELED ROUTE. THEREFORE, CLAIMANT IS ENTITLED TO PER DIEM FOR THIS PERIOD.

TO MR. SECRETARY:

REFERENCE IS MADE TO A LETTER DATED MAY 9, 1972, WITH ENCLOSURES, FROM YOUR ASSISTANT SECRETARY, COMPTROLLER, REQUESTING OUR DECISION AS TO WHETHER A VOUCHER IN THE AMOUNT OF $112.06 IN FAVOR OF DR. WELLINGTON MOORE, A FORMER EMPLOYEE OF THE PUBLIC HEALTH SERVICE, MAY BE CERTIFIED FOR PAYMENT. THE VOUCHER REPRESENTS RECLAIM OF PER DIEM PREVIOUSLY DISALLOWED UNDER THE CIRCUMSTANCES HEREINAFTER DESCRIBED.

THE RECORD INDICATES THAT UNDER PERSONNEL ORDER NO. 233, DATED NOVEMBER 23, 1970, DR. MOORE, A PUBLIC HEALTH SERVICE COMMISSIONED OFFICER, WAS AUTHORIZED TRAVEL AND TRANSPORTATION ENTITLEMENTS INCIDENT TO A TRANSFER FROM HIS OFFICIAL DUTY STATION IN JOS, NIGERIA, TO A NEW DUTY STATION IN CINCINNATI, OHIO. DR. MOORE, ACCOMPANIED BY HIS WIFE AND FOUR CHILDREN, TRAVELED BY A ROUTE WHICH ENTAILED A STOPOVER IN ROME, ITALY, FOR AUTHORIZED LEAVE. INCIDENT TO SUCH TRAVEL, DR. MOORE AND HIS FAMILY USED THE FOLLOWING ITINERARY:

(A) DECEMBER 15, 1970: DEPARTED FROM JOS, NIGERIA, 11 A.M. BY PRIVATELY OWNED VEHICLE AND ARRIVED AT KANO, NIGERIA, 9:30 P.M.

(B) DECEMBER 16, 1970: DEPARTED FROM KANO, NIGERIA, BY AIR AND ARRIVED AT ROME, ITALY, THE SAME DAY.

(C) ON APPROVED LEAVE IN ROME, ITALY, DECEMBER 17 TO 25, 1970.

(D) DECEMBER 25, 1970: DEPARTED FROM ROME, ITALY, BY AIR AND ARRIVED AT LONDON, ENGLAND, THE SAME DAY.

(E) DECEMBER 27, 1970: DEPARTED FROM LONDON, ENGLAND, BY AIR AND ARRIVED THE SAME DAY AT WASHINGTON, D.C., FOR CONSULTATION.

(F) DECEMBER 29, 1970: DEPARTED FROM WASHINGTON, D.C., BY AIR AND ARRIVED AT CINCINNATI, OHIO, THE SAME DAY (THE DEPENDENTS TRAVELED IN THE MORNING AND DR. MOORE TRAVELED IN THE EVENING).

WITH REGARD TO THE CLAIM HERE INVOLVED, IT WAS STATED IN THE LETTER OF MAY 9, 1972, THAT:

"DR. MOORE SUBMITTED HIS TRAVEL VOUCHER AND CLAIMED PER DIEM FROM THE TIME OF HIS DEPARTURE FROM JOS, NIGERIA UNTIL HIS ARRIVAL IN ROME, ITALY. HE ALSO CLAIMED PER DIEM FROM HIS ARRIVAL IN LONDON, ENGLAND, UNTIL HIS ARRIVAL AT HIS NEW DUTY STATION IN CINCINNATI, OHIO. WHEN AUDITING HIS VOUCHER FOR APPROVAL, OUR VOUCHER EXAMINERS REJECTED HIS CLAIM FOR PER DIEM AND PAID HIM ON THE BASIS OF A CONSTRUCTIVE VOUCHER, AS THOUGH HE TRAVELED DIRECT FROM JOS, NIGERIA, TO LONDON, ENGLAND. OUR VOUCHER EXAMINERS CONTACTED PAN AMERICAN AIRLINES AND CONFIRMED THAT DAILY FLIGHTS FROM KANO, NIGERIA, TO LONDON, ENGLAND, WERE AVAILABLE DURING DECEMBER 1970. BASED ON THIS INFORMATION, DR. MOORE COULD HAVE TRAVELED AS FOLLOWS:

"12/25/70 11:00 A.M. LEAVE JOS, NIGERIA POV

9:30 P.M. ARRIVE KANO, NIGERIA

"12/26/70 1:05 P.M. LEAVE KANO, NIGERIA C/A

8:30 P.M. ARRIVE LONDON, ENGLAND

"12/27/70 3:30 P.M. LEAVE LONDON, ENGLAND C/A

8:30 P.M. ARRIVE WASHINGTON, D.C.

"HIS PER DIEM WAS CALCULATED ON THIS BASIS AND HIS CLAIM REDUCED BY $112.06. ***"

WE NOTE THAT THE REGULATIONS PRESCRIBED BY THE AGENCY FOR INTERNATIONAL DEVELOPMENT (AID) ARE TO BE USED IN DETERMINING DR. MOORE'S ENTITLEMENTS SINCE THE COSTS HE INCURRED ARE TO BE CHARGED TO AID UNDER A REIMBURSABLE AGREEMENT.

WE UNDERSTAND THAT THE INFORMATION GIVEN TO THE VOUCHER EXAMINERS WAS INCORRECT AND THAT DURING THE PERIOD COVERED BY DR. MOORE'S RECLAIM VOUCHER THERE WAS ONLY A DIRECT FLIGHT FROM KANO TO LONDON ON MONDAYS. THE DAY THAT DR. MOORE AND HIS FAMILY TRAVELED THE ONLY FLIGHT AVAILABLE TO LONDON WAS THE ONE VIA ROME WHICH THEY TOOK AND WHICH IS TO BE REGARDED AS A USUALLY TRAVELLED ROUTE. DR. MOORE STATES THAT THIS FLIGHT WAS 9 HOURS LATE AND HIS ORIGINAL VOUCHER SHOWS THAT HE ARRIVED IN ROME AT 2:15 A.M. ON DECEMBER 17, 1970. IT APPEARS THAT IF HE AND HIS FAMILY HAD PROCEEDED ON TO LONDON, INSTEAD OF LEAVING THE PLANE IN ROME, THEY WOULD NOT HAVE ARRIVED UNTIL APPROXIMATELY 5:30 A.M. ON THE SAME DATE. SINCE THE FLYING TIME FROM KANO TO WASHINGTON WAS IN EXCESS OF 14 HOURS, DR. MOORE AND HIS FAMILY WOULD HAVE BEEN ENTITLED TO A REST PERIOD IN LONDON. FOREIGN AFFAIRS MANUAL, VOLUME 6, SECTION 132.4. OUR RECORDS SHOW THAT THE FIRST THROUGH FLIGHT AFTER A REASONABLE REST PERIOD LEFT LONDON FOR WASHINGTON AT 2:30 P.M. ON DECEMBER 18, 1970. UNDER SUCH CIRCUMSTANCES WE DO NOT VIEW THE CLAIM OF DR. MOORE FOR PER DIEM COVERING THE KANO TO WASHINGTON SEGMENT OF THE TRAVEL AS BEING EXCESSIVE.

THE RECORD INDICATES THAT DR. MOORE'S FAMILY TRAVELED FROM WASHINGTON TO CINCINNATI ON THE MORNING OF DECEMBER 29, 1970, BUT PER DIEM WAS CLAIMED FOR THEIR TRAVEL FOR THE ENTIRE DAY. IT, THEREFORE, APPEARS THAT THE DEDUCTION OF ONE-HALF DAY'S PER DIEM FROM THE AMOUNT CLAIMED INCIDENT TO THEIR TRAVEL WAS PROPER.

THE ENCLOSURES WITH THE LETTER OF MAY 9, 1972, ARE FORWARDED HEREWITH AND THE PAYMENT OF ADDITIONAL PER DIEM TO DR. MOORE IS AUTHORIZED IN ACCORDANCE WITH THE ABOVE.