B-184183, AUG 13, 1975

B-184183: Aug 13, 1975

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EMPLOYEE WHO TRAVELED UNDER TWO SEPARATE TRAVEL ORDERS WITH TEMPORARY DUTY AT DIFFERENT LOCATIONS AT DIFFERENT TIMES IS ENTITLED TO REIMBURSEMENT OF TRAVEL EXPENSES IN RETURNING TO HEADQUARTERS OVER WEEKEND AS TRAVEL WAS PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF THE TRAVEL ORDERS. BOWERS - REIMBURSEMENT OF TRAVEL EXPENSES WHILE ON OFFICIAL BUSINESS: THIS ACTION IS IN RESPONSE TO A REQUEST BY AN AUTHORIZED CERTIFYING OFFICER OF THE DEPARTMENT OF HEALTH. BUREAU OF RETIREMENT AND SURVIVORS INSURANCE IS ENTITLED TO REIMBURSEMENT IN THE AMOUNT OF $101.98 WHICH REPRESENTS TRAVEL EXPENSES FOR THE EMPLOYEE'S VOLUNTARY RETURN HOME ON NONWORKDAYS WHILE DETAILED TO A TEMPORARY DUTY STATION. THE TRAVEL WAS TO BE PERFORMED DURING THE PERIOD SEPTEMBER 3-6.

B-184183, AUG 13, 1975

EMPLOYEE WHO TRAVELED UNDER TWO SEPARATE TRAVEL ORDERS WITH TEMPORARY DUTY AT DIFFERENT LOCATIONS AT DIFFERENT TIMES IS ENTITLED TO REIMBURSEMENT OF TRAVEL EXPENSES IN RETURNING TO HEADQUARTERS OVER WEEKEND AS TRAVEL WAS PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF THE TRAVEL ORDERS.

RONALD P. BOWERS - REIMBURSEMENT OF TRAVEL EXPENSES WHILE ON OFFICIAL BUSINESS:

THIS ACTION IS IN RESPONSE TO A REQUEST BY AN AUTHORIZED CERTIFYING OFFICER OF THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE (HEW), OFFICE OF ADMINISTRATION AND MANAGEMENT, FOR A DECISION WHETHER AN EMPLOYEE OF THE SOCIAL SECURITY ADMINISTRATION, BUREAU OF RETIREMENT AND SURVIVORS INSURANCE IS ENTITLED TO REIMBURSEMENT IN THE AMOUNT OF $101.98 WHICH REPRESENTS TRAVEL EXPENSES FOR THE EMPLOYEE'S VOLUNTARY RETURN HOME ON NONWORKDAYS WHILE DETAILED TO A TEMPORARY DUTY STATION.

TRAVEL ORDER NUMBER RSI-00-164 DATED JULY 25, 1974, AUTHORIZED THE EMPLOYEE, MR. RONALD P. BOWERS, WITH HEADQUARTERS IN BALTIMORE, MARYLAND, TO TRAVEL FROM BALTIMORE TO SEATTLE, WASHINGTON, AND RETURN TO BALTIMORE FOR AN INTER-REGIONAL MANAGEMENT PROGRAM CONFERENCE. THE TRAVEL WAS TO BE PERFORMED DURING THE PERIOD SEPTEMBER 3-6, 1974.

TRAVEL ORDER NUMBER RSI-00-13 DATED JULY 3, 1974, AUTHORIZED MR. BOWERS TO TRAVEL FROM BALTIMORE TO ALL PROGRAM CENTER CITIES, WITHIN THE UNITED STATES, AS OFTEN AS NECESSARY, AND RETURN TO BALTIMORE. THIS WAS A BLANKET TRAVEL AUTHORIZATION FOR THE PERIOD JULY 1, 1974, THROUGH DECEMBER 31, 1974. THIS TRAVEL ORDER APPARENTLY WAS THE AUTHORITY FOR THE TRAVEL FROM BALTIMORE TO KANSAS CITY, MISSOURI, TO SAN FRANCISCO, CALIFORNIA, AND RETURN FOR THE PERIOD SEPTEMBER 8-18, 1974. TRAVEL WAS ACTUALLY PERFORMED FROM BALTIMORE TO SEATTLE AND RETURN TO BALTIMORE DURING THE PERIOD SEPTEMBER 3-6, 1974; AND FROM BALTIMORE TO KANSAS CITY TO SAN FRANCISCO AND RETURN TO BALTIMORE DURING THE PERIOD SEPTEMBER 8-18, 1974.

THE CLAIMANT SUBMITTED TWO TRAVEL VOUCHERS: ONE IN THE AMOUNT OF $104.82 FOR THE PERIOD OF SEPTEMBER 3-6, 1974; AND THE OTHER IN THE AMOUNT OF $286.78 FOR THE PERIOD OF SEPTEMBER 8-18, 1974, FOR A TOTAL OF $391.60. THE CERTIFYING OFFICER DISALLOWED $101.98 OF THE TOTAL AMOUNT WHICH REPRESENTS TRAVEL EXPENSES THE EMPLOYEE INCURRED ON THE TRIP HOME TO BALTIMORE OVER THE WEEKEND SEPTEMBER 6-8, 1974. THE CERTIFYING OFFICER STATED THAT THE RECORD INDICATED NO EVIDENCE THAT THE EMPLOYEE'S TRIP HOME TO BALTIMORE WAS DUE TO OFFICIAL NECESSITY, AND REIMBURSEMENT FOR TRAVEL ALLOWANCE WAS APPROVED ON THE CONSTRUCTIVE BASES AS IF THE EMPLOYEE HAD PERFORMED THE TRIP WITHOUT A RETURN TO BALTIMORE OVER THE WEEKEND OF SEPTEMBER 6-8, 1974. THE TOTAL REIMBURSEMENT APPROVED FOR THE EMPLOYEE'S TRAVEL EXPENSES WAS THEREFORE IN THE AMOUNT OF $289.62.

THE DETERMINATION OF WHETHER TO PERMIT AN EMPLOYEE TO RETURN TO HIS OFFICIAL DUTY STATION ON NONWORKDAYS IS A MATTER WITHIN THE DISCRETION OF THE ADMINISTRATIVE OFFICIALS INVOLVED. HOWEVER, WHERE THE EMPLOYEE VOLUNTARILY RETURNS TO HIS HEADQUARTERS ON NONWORKDAYS HE IS ENTITLED TO ROUND-TRIP TRANSPORTATION AND PER DIEM EN ROUTE NOT TO EXCEED THE PER DIEM WHICH WOULD HAVE BEEN ALLOWABLE HAD THE EMPLOYEE REMAINED AT HIS TEMPORARY DUTY STATION. SEE FEDERAL TRAVEL REGULATIONS (FPMR 101 7) PARA. 1- 7.5(C).

HOWEVER, THE ABOVE-CITED REGULATION IS NOT APPLICABLE TO THE CASE AT HAND. HERE IT WAS NOT A QUESTION OF THE EMPLOYEE RETURNING TO HIS HEADQUARTERS ON NONWORKDAYS WHILE PERFORMING TEMPORARY DUTY; IT WAS A QUESTION OF THE EMPLOYEE COMPLYING WITH THE TRAVEL ORDERS. THERE WERE TWO TRAVEL ORDERS ISSUED AUTHORIZING TEMPORARY DUTY AT DIFFERENT LOCATIONS ON DIFFERENT DAYS AND IT APPEARS THAT THE EMPLOYEE PERFORMED THE TRAVEL IN ACCORDANCE WITH THE TERMS OF THE TRAVEL ORDERS.

ACCORDINGLY, THE EMPLOYEE IS ENTITLED TO REIMBURSEMENT OF $101.98, IF OTHERWISE CORRECT.