B-179178, MAR 21, 1974

B-179178: Mar 21, 1974

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TO SCHOOL AND TRAVEL VIA GOVERNMENT TRANSPORTATION WAS AUTHORIZED BY TRANSPORTATION OFFICER AS MORE ECONOMICAL THAN LATER COMMERCIAL FLIGHT. SUCH TRAVEL RESULTED IN THE DEPENDENT'S ARRIVAL ALMOST TWO DAYS PRIOR TO DATE ON WHICH DORMITORY SPACE WAS AVAILABLE. LOVE: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 4. YOU STATE THAT THE EMPLOYEE'S SON WAS TO ATTEND GEORGETOWN UNIVERSITY IN WASHINGTON. WAS TO REPORT THERE NO EARLIER THAN 10 A.M. MILITARY AIRLIFT COMMAND (MAC) TRANSPORTATION WAS PROVIDED FOR HIM LEAVING THE CANAL ZONE ON AUGUST 31. WAS FIRST SUBMITTED ON A SUPPLEMENTAL VOUCHER AND PAID ON NOVEMBER 8. THEN RECLAIMED BY CASH COLLECTION VOUCHER WHICH WAS PAID ON FEBRUARY 9.

B-179178, MAR 21, 1974

WHERE DEPENDENT OF CIVILIAN EMPLOYEE TRAVELED FROM CANAL ZONE TO WASHINGTON, D.C. TO SCHOOL AND TRAVEL VIA GOVERNMENT TRANSPORTATION WAS AUTHORIZED BY TRANSPORTATION OFFICER AS MORE ECONOMICAL THAN LATER COMMERCIAL FLIGHT, AND SUCH TRAVEL RESULTED IN THE DEPENDENT'S ARRIVAL ALMOST TWO DAYS PRIOR TO DATE ON WHICH DORMITORY SPACE WAS AVAILABLE, PER DIEM MAY NOT BE ALLOWED IN EXCESS OF TIME REQUIRED TO PERFORM AUTHORIZED TRAVEL BY MODE OF TRANSPORTATION AUTHORIZED AS PROVIDED BY PAR. C8102-5, JTR, IN ABSENCE OF AUTHORITY FOR PAYMENT OF ADDITIONAL PER DIEM IN SUCH CIRCUMSTANCE.

TO LT. COL. J. R. LOVE:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 4, 1973 (PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE CONTROL NO. 73-35), REQUESTING AN ADVANCE DECISION REGARDING THE PAYMENT OF A SUPPLEMENTAL TRAVEL VOUCHER IN FAVOR OF MR. FRANK S. MENDEZ, A CIVILIAN EMPLOYEE OF THE U.S. ARMY TROPIC TEST CENTER, FORT CLAYTON, CANAL ZONE, FOR PER DIEM ALLOWANCE ON BEHALF OF HIS DEPENDENT SON WHO TRAVELED FROM THE CANAL ZONE TO WASHINGTON, D.C., FOR THE PURPOSE OF ATTENDING SCHOOL, UNDER THE DESCRIBED CIRCUMSTANCES.

YOU STATE THAT THE EMPLOYEE'S SON WAS TO ATTEND GEORGETOWN UNIVERSITY IN WASHINGTON, D.C., AND WAS TO REPORT THERE NO EARLIER THAN 10 A.M. ON SEPTEMBER 3, 1972. MILITARY AIRLIFT COMMAND (MAC) TRANSPORTATION WAS PROVIDED FOR HIM LEAVING THE CANAL ZONE ON AUGUST 31, 1972. FROM HIS ARRIVAL POINT IN THE UNITED STATES, CHARLESTON, SOUTH CAROLINA, THE TRAVELER PROCEEDED TO WASHINGTON, D.C., BY COMMERCIAL AIR ARRIVING AT NATIONAL AIRPORT, AT 1 P.M. ON SEPTEMBER 1, 1972, AFTER WHICH HE TRAVELED TO HIS LODGINGS IN WASHINGTON ARRIVING THERE AT 3 P.M. THUS, THE TRAVELER ARRIVED AT HIS DESTINATION ALMOST TWO DAYS PRIOR TO THE DATE ON WHICH DORMITORY SPACE AT THE UNIVERSITY WOULD BECOME AVAILABLE. MR. MENDEZ CLAIMS PER DIEM FOR HIS SON'S TRAVEL FROM 3 P.M. ON SEPTEMBER 1, 1972, TO 10 A.M. SEPTEMBER 3, 1972; THE PERIOD FROM ARRIVAL AT TEMPORARY LODGINGS IN WASHINGTON TO THE TIME WHEN LODGINGS AT THE UNIVERSITY BECAME AVAILABLE.

THE AMOUNT INVOLVED, $20.65, WAS FIRST SUBMITTED ON A SUPPLEMENTAL VOUCHER AND PAID ON NOVEMBER 8, 1972, THEN RECLAIMED BY CASH COLLECTION VOUCHER WHICH WAS PAID ON FEBRUARY 9, 1972, AND RESUBMITTED FOR PAYMENT BY SUPPLEMENTAL VOUCHER DATED MAY 8, 1973. THE CLAIM WAS COMPUTED ON THE BASIS OF PER DIEM AT THE RATE OF $11.80 (NO LODGING COSTS BEING INCURRED) FOR 1-3/4 DAYS.

PARAGRAPH C7005-2 OF THE JOINT TRAVEL REGULATIONS PROVIDES FOR TRAVEL AND TRANSPORTATION EXPENSES OF STUDENT DEPENDENTS OF CIVILIAN EMPLOYEES IN FOREIGN AREAS AND THE PANAMA CANAL ZONE, BETWEEN SUCH DUTY STATION AND A SCHOOL IN THE UNITED STATES, SUBJECT TO THE ELIGIBILITY REQUIREMENTS OF SECTIONS 031.2 AND 280 OF THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS) ISSUED BY THE DEPARTMENT OF STATE UNDER THE AUTHORITY OF 5 U.S.C. 5922(C), 5924(4)(B). THE JOINT TRAVEL REGULATIONS PROVIDE THAT THE MODE AND ROUTING OF TRAVEL WILL BE IN ACCORDANCE WITH CHAPTER 6, VOLUME 2, OF THE JOINT TRAVEL REGULATIONS AND THE PAYMENT OF PER DIEM WILL BE IN ACCORDANCE WITH CHAPTER 8, VOLUME 2, OF THE JOINT TRAVEL REGULATIONS.

THE PROVISIONS FOR PAYMENT OF PER DIEM ALLOWANCES FOR TRAVEL OF A DEPENDENT FOR EDUCATIONAL PURPOSES APPEAR IN PARAGRAPH C8102-5 OF THE JOINT TRAVEL REGULATIONS WHICH PROVIDES THAT WHEN STUDENT DEPENDENTS OF CIVILIAN EMPLOYEES IN FOREIGN AREAS AND THE PANAMA CANAL ZONE PERFORM TRAVEL AT GOVERNMENT EXPENSE TO OR FROM SCHOOL, PER DIEM ALLOWANCES WILL BE AUTHORIZED FOR THE TIME REQUIRED TO PERFORM THE AUTHORIZED TRAVEL BY THE MODE OF TRANSPORTATION AUTHORIZED. THE PER DIEM RATES ARE SET IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPHS C8101-2B AND C8101-3B OF THE SAME REGULATIONS.

IN THE INSTANT CASE, THE RECORD INDICATES THAT TRANSPORTATION WAS PROVIDED FROM THE EMPLOYEE'S DUTY STATION IN THE CANAL ZONE TO THE SELECTED SCHOOL IN WASHINGTON, D.C., AND IN ACCORDANCE WITH THE REGULATIONS PER DIEM WAS PAID FOR ONLY THAT PERIOD OF TIME REQUIRED TO PERFORM THE AUTHORIZED TRAVEL BY THE MODE OF TRANSPORTATION AUTHORIZED. ALTHOUGH THE TRAVEL WAS PERFORMED IN ADVANCE OF THE DATE NECESSARY FOR THE EMPLOYEE'S SON TO ARRIVE AT SCHOOL ON THE DAY FIXED BY THE SCHOOL FOR AVAILABILITY OF LIVING ACCOMMODATIONS IN ACCORDANCE WITH THE TRAVEL AUTHORIZATION, IT APPEARS THAT THIS PARTICULAR TRAVEL WAS AUTHORIZED IN ORDER TO UTILIZE MAC TRANSPORTATION FOR PART OF THE REQUIRED TRAVEL RATHER THAN USING MORE EXPENSIVE COMMERCIAL FACILITIES FOR THE WHOLE TRIP. THE APPLICABLE REGULATIONS OF THE DEPARTMENT OF DEFENSE PERMIT SUCH A DETERMINATION AS TO THE MODE OF TRAVEL TO BE MADE BY THE TRANSPORTATION OFFICER. SEE PARAGRAPH C6001, JOINT TRAVEL REGULATIONS. WE FIND NOTHING IN THE REGULATIONS WHICH WOULD PERMIT AN EXCEPTION TO THE LIMITATION IMPOSED BY PARAGRAPH C8102-5, JOINT TRAVEL REGULATIONS, TO THE EFFECT THAT PER DIEM WILL BE LIMITED TO THE TIME REQUIRED TO PERFORM THE TRAVEL BY THE AUTHORIZED MODE. FURTHER, TO THE EXTENT THAT THE TRAVEL HERE IN QUESTION IS MORE COMPARABLE WITH PERMANENT DUTY TRAVEL THAN IT IS WITH TEMPORARY DUTY TRAVEL IT WOULD SEEM APPROPRIATE TO HOLD THAT PER DIEM MAY NOT BE CONTINUED AFTER THE TRAVELER REACHES HIS DESTINATION.

THEREFORE, THERE BEING NO AUTHORITY UNDER WHICH PER DIEM FOR THE PERIOD IN QUESTION COULD BE PAID, THE SUPPLEMENTAL VOUCHER IN THE INSTANT CASE MAY NOT BE ALLOWED AND IT IS RETAINED HERE.