B-195228.OM, MAY 19, 1980

B-195228.OM, MAY 19, 1980

SUBJECT: JOHN E. LANIGAN - CLAIM FOR PER DIEM AND RECREDIT OF ANNUAL LEAVE B-195228-O.M.

ASSOCIATE DIRECTOR, FGMSD - CLAIMS GROUP (ROOM 5858):

RETURNED HEREWITH IS YOUR FILE Z-2806326. THE RECORD SHOWS THAT BY TRAVEL ORDER DATED FEBRUARY 3, 1978, MR. LANIGAN, WHOSE OFFICIAL DUTY STATION IS MCCLELLAN AIR FORCE BASE, CALIFORNIA, WAS AUTHORIZED TRANSPORTATION AND TRAVEL EXPENSES, INCLUDING PER DIEM, INCIDENT TO A TEMPORARY DUTY ASSIGNMENT OF APPROXIMATELY 60 DAYS AT BEDFORD, MASSACHUSETTS. ON FEBRUARY 6, 1978, MR. LANIGAN'S ORDERS WERE AMENDED TO ALLOW A VARIATION IN THE ROUTING OF HIS TRAVEL AND THAT DAY HE DEPARTED FROM SACRAMENTO, CALIFORNIA, BY COMMERCIAL AIR CARRIER. HE HAD ROUTED HIS TRAVEL THROUGH DAYTON, OHIO, SO THAT HE COULD TAKE 1 DAY OF APPROVED ANNUAL LEAVE IN SPRINGFIELD, OHIO. HE HAD INTENDED TO LEAVE SPRINGFIELD ON FEBRUARY 7, 1978, AND FLY FROM DAYTON TO WASHINGTON, AND THEN TO BOSTON. HOWEVER, ON FEBRUARY 7, 1978, HE WAS ADVISED THAT THE BOSTON AIRPORT WAS CLOSED INDEFINITELY DUE TO A BLIZZARD.

MR. LANIGAN'S SUPERVISOR THEN AUTHORIZED HIS CONTINUING TRAVEL TO WASHINGTON, D.C., WHERE HE STAYED WITH FRIENDS IN WOODBRIDGE, VIRGINIA, TO AWAIT THE REOPENING OF THE BOSTON AIRPORT. HE DEPARTED FOR BOSTON ON FEBRUARY 12 WHEN THE BOSTON AIRPORT REOPENED AND PROCEEDED TO HIS TEMPORARY DUTY STATION AT BEDFORD.

MR. LANIGAN HAS STATED IN HIS REMARKS WHICH ACCOMPANIED HIS SUPPLEMENTARY VOUCHER THAT OTHER INDIVIDUALS TRAVELING ON FEBRUARY 6, 1978, FROM MCCLELLAN AFB TO A MEETING IN BOSTON WERE STOPPED AT CHICAGO AND RETURNED TO SACRAMENTO THE FOLLOWING DAY AND THAT THIS ESTABLISHED THAT THE BOSTON AIRPORT WAS CLOSED ON FEBRUARY 6, 1978. THE AIR FORCE HAS NOT DISPUTED THIS STATEMENT.

MR. LANIGAN SHOULD BE CHARGED FOR THE USE OF HIS SCHEDULED ANNUAL LEAVE IN SPRINGFIELD, OHIO, AND HIS PER DIEM ENTITLEMENT DURING THAT TIME IS TO BE DETERMINED IN ACCORDANCE WITH PARA. 1-7.5A OF THE FEDERAL TRAVEL REGULATIONS (FPMR 101-7, MAY 1973).

OUR OFFICE HAS ALLOWED THE PAYMENT OF PER DIEM FOR DELAYS IN TRAVEL CAUSED BY CIRCUMSTANCES BEYOND THE CONTROL OF THE EMPLOYEE SUCH AS FOR DELAYS CAUSED BY SEVERE WEATHER CONDITIONS, 52 COMP.GEN. 135 (1972), AND 41 COMP.GEN. 605 (1962).

SINCE THE BOSTON AIRPORT WAS APPARENTLY CLOSED ON FEBRUARY 6, 1978, A FACT WHICH WAS NOT KNOWN AT THE TIME OF HIS DEPARTURE IT WOULD APPEAR THAT MR. LANIGAN'S DELAY IN ARRIVING AT BOSTON WAS UNRELATED TO THE ANNUAL LEAVE HE HAD TAKEN IN SPRINGFIELD, OHIO. AS HE PROCEEDED TO THE WASHINGTON, D.C. AREA RATHER THAN RETURN TO HIS PERMANENT DUTY STATION PURSUANT TO HIS SUPERVISOR'S INSTRUCTIONS, HE IS ENTITLED TO THE PAYMENT OF PER DIEM DURING THE PERIOD HE WAS IN WOODBRIDGE, VIRGINIA.

AS MR. LANIGAN RESIDED WITH FRIENDS WHILE IN WOODBRIDGE, PAYMENT OF PER DIEM FOR THAT PERIOD SHOULD BE MADE IN ACCORDANCE WITH THE RULES ESTABLISHED BY OUR DECISION IN CLARENCE R. FOLTZ, 55 COMP.GEN. 856 (1976) AND ALLEN W. ROTZ, B-190508, MAY 8, 1978, AS IMPLEMENTED FOR EMPLOYEES OF THE DEPARTMENT OF DEFENSE IN VOLUME 2 OF THE JOINT TRAVEL REGULATIONS.

IN VIEW OF OUR DETERMINATION HEREIN, IT WOULD NOT BE PROPER TO CHARGE MR. LANIGAN ANNUAL LEAVE FOR HIS EXCESS TRAVEL TIME OTHER THAN THE CHARGE FOR HIS SCHEDULED LEAVE.