B-28780, SEPTEMBER 16, 1942, 22 COMP. GEN. 231

B-28780: Sep 16, 1942

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

HIS HOME OR RESIDENCE IS NOT TO BE REGARDED NOR DESIGNATED AS HIS OFFICIAL STATION. WHERE A CONSULTANT EMPLOYED ON THE BASIS OF "WHEN ACTUALLY EMPLOYED" IS DIRECTED THE SAME DAY HE IS APPOINTED TO REPORT FOR DUTY TO A PLACE OTHER THAN THAT ADMINISTRATIVELY DESIGNATED AS HIS OFFICIAL STATION. - AT WHICH STATION IT IS NOT INTENDED THAT HE PERFORM ANY DUTY. - THE PLACE TO WHICH HE REPORTS AND USES AS A BASE OF OPERATIONS IS IN FACT HIS FIRST DUTY STATION TO WHICH HE IS REQUIRED TO BEAR THE EXPENSE OF TRAVEL AND AT WHICH PLACE HE IS NOT ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE AS IN A TRAVEL STATUS. SUCH PLACE OF REGULAR DUTY IS TO BE REGARDED AS HIS OFFICIAL STATION. HE IS NOT ENTITLED TO TRAVELING EXPENSES FROM AND TO HIS RESIDENCE.

B-28780, SEPTEMBER 16, 1942, 22 COMP. GEN. 231

TRAVELING EXPENSES - CONSULTANTS EMPLOYED ON "WHEN ACTUALLY EMPLOYED" BASIS THE MERE DESIGNATION OF AN OFFICER OR EMPLOYEE, EMPLOYED EITHER FOR FULL OR PART TIME WORK, AS A CONSULTANT AND PAYING HIM ONLY "WHEN ACTUALLY EMPLOYED" DOES NOT RELIEVE HIM OF THE GENERAL REQUIREMENT TO BEAR THE COST OF TRANSPORTATION FROM HIS HOME OR PLACE OF RESIDENCE TO HIS REGULAR POST OF DUTY. WHEN NO OFFICIAL STATION OR DESIGNATED POST OF DUTY OF A CONSULTANT EMPLOYED ON THE BASIS OF ,WHEN ACTUALLY EMPLOYED" CAN BE ADMINISTRATIVELY FIXED OR DETERMINED IN ADVANCE, THE CONSULTANT MAY BE PAID FOR HIS TRAVELING EXPENSES, INCLUDING A PER DIEM IN LIEU OF SUBSISTENCE, IN ACCORDANCE WITH THE SUBSISTENCE EXPENSE ACT AND THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WHILE TRAVELING ON OFFICIAL BUSINESS AWAY FROM HIS HOME OR RESIDENCE, BUT HIS HOME OR RESIDENCE IS NOT TO BE REGARDED NOR DESIGNATED AS HIS OFFICIAL STATION. WHERE A CONSULTANT EMPLOYED ON THE BASIS OF "WHEN ACTUALLY EMPLOYED" IS DIRECTED THE SAME DAY HE IS APPOINTED TO REPORT FOR DUTY TO A PLACE OTHER THAN THAT ADMINISTRATIVELY DESIGNATED AS HIS OFFICIAL STATION--- AT WHICH STATION IT IS NOT INTENDED THAT HE PERFORM ANY DUTY--- THE PLACE TO WHICH HE REPORTS AND USES AS A BASE OF OPERATIONS IS IN FACT HIS FIRST DUTY STATION TO WHICH HE IS REQUIRED TO BEAR THE EXPENSE OF TRAVEL AND AT WHICH PLACE HE IS NOT ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE AS IN A TRAVEL STATUS. WHERE A CONSULTANT EMPLOYED ON THE BASIS OF "WHEN ACTUALLY EMPLOYED" WORKS INTERMITTENTLY SEVERAL DAYS PER WEEK AT THE SAME POST OF DUTY AND REPORTS TO THAT PLACE AND RETURNS TO HIS RESIDENCE EACH WEEK, SUCH PLACE OF REGULAR DUTY IS TO BE REGARDED AS HIS OFFICIAL STATION, EVEN THOUGH THE PLACE OF HIS RESIDENCE HAS BEEN DESIGNATED AS HIS OFFICIAL STATION, AND HE IS NOT ENTITLED TO TRAVELING EXPENSES FROM AND TO HIS RESIDENCE.

COMPTROLLER GENERAL WARREN TO O. H. NIELSON, WAR PRODUCTION BOARD, SEPTEMBER 16, 1642:

I HAVE YOUR LETTER OF SEPTEMBER 8, 1942, AS FOLLOWS:

IN ORDER FOR THE WAR PRODUCTION BOARD TO CARRY OUT CERTAIN DUTIES AND FUNCTIONS VITAL TO THE WAR EFFORT, IT HAS BECOME NECESSARY TO ENGAGE THE SERVICES OF EXPERIENCED AND SPECIALIZED INDIVIDUALS OF PRIVATE INDUSTRY TO SERVE THE BOARD IN ADVISORY CAPACITIES. THE SERVICES RENDERED BY MANY OF THESE CONSULTANTS ARE CONTINUOUS IN NATURE WHILE OTHERS SERVE INTERMITTENTLY WORKING THREE OR FOUR DAYS PER WEEK OR FOR JUST SPECIFIC PERIODS OF TIME, NAMELY ONE DAY. THESE CONSULTANTS ARE COMPENSATED ON A PER DIEM WAE BASIS.

THE AUDIT SECTION OF THE BOARD HAS FOR CONSIDERATION A NUMBER OF TRAVEL REIMBURSEMENT VOUCHERS WHICH INDICATE THAT THE OFFICIAL HEADQUARTERS OF THESE CONSULTANTS ARE DESIGNATED AS THEIR PLACES OF RESIDENCE. ADDITION, THE VOUCHERS INDICATE THAT ON THE DAY OF THE EMPLOYEE'S APPOINTMENT, HE IS INSTRUCTED TO PROCEED AT GOVERNMENT EXPENSE TO ANOTHER POINT OF DUTY WHERE HE REMAINS INDEFINITELY OR FOR PERIODS OF SHORT DURATION, CLAIMING PER DIEM AND USING THIS POINT AS A BASE OF OPERATION. ON WEEKENDS THESE CONSULTANTS RETURN TO THEIR RESIDENCES WHICH ARE DESIGNATED AS THEIR OFFICIAL HEADQUARTERS.

I AM COGNIZANT OF THE DECISION OF THE COMPTROLLER GENERAL A-33731, VOLUME 10, PAGE 14, WHICH READS IN PART.

"IT IS THE WELL-ESTABLISHED RULE THAT THE ACTUAL POST OF DUTY OF AN EMPLOYEE FOR THE PURPOSE OF ALLOWANCE OF TRAVEL EXPENSES AND SUBSISTENCE WHEN ABSENT THEREFROM IS REQUIRED TO BE FIXED WITH RELATION TO THE DUTIES TO BE PERFORMED AND THAT THE ACTUAL FACTS AND CIRCUMSTANCES AS TO THE POST OF DUTY AND NOT THE ARBITRARY DESIGNATION OF THE OFFICIAL HEADQUARTERS GOVERNS THE RIGHT TO THE PAYMENT OF TRAVELING EXPENSES.'

IT HAS BEEN HELD BY THE COMPTROLLER GENERAL IN VOLUME 10, PAGE 471 THAT:

"* * * THE AUTHORITY TO DETERMINE AND DESIGNATE THE POST OF DUTY OF AN OFFICER OR EMPLOYEE OF THE GOVERNMENT INCLUDES ONLY THE AUTHORITY TO FIX THE PLACE AT WHICH THE EMPLOYEE WHOULD ACTUALLY ESTABLISH OFFICIAL HEADQUARTERS, AND FROM WHICH HE SHOULD IN FACT OPERATE, WHICH ORDINARILY, IS THE PLACE WHERE THE EMPLOYEE WOULD BE REQUIRED TO SPEND MOST OF HIS TIME. THE DESIGNATION OF ANY OTHER PLACE, FOR THE PURPOSE OF GIVING THE EMPLOYEE A SUBSISTENCE ALLOWANCE FOR THE GREATER PORTION, OR ALL, OF HIS TIME, IS NOT WITHIN THE AUTHORITY VESTED IN THE HEAD OF A DEPARTMENT OR OTHER ADMINISTRATIVE OFFICIAL CHARGED WITH THE DUTY OF DESIGNATING POSTS OF DUTY OF GOVERNMENT EMPLOYEES, AND DOES NOT ENTITLE AN EMPLOYEE TO PER DIEM WHEN ABSENT THEREFROM, AND PERFORMING DUTY AT ANOTHER PLACE, WHICH LATTER PLACE IS IN FACT HIS POST OF DUTY.'

IT HAS ALSO CONSISTENTLY BEEN HELD BY THE COMPTROLLER GENERAL THAT:

"IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY OR CONTRACT PROVISION TO THE CONTRARY, AN EMPLOYEE UPON APPOINTMENT TO THE GOVERNMENT MUST BEAR THE EXPENSES OF REPORTING TO THE PLACE TO WHICH HIS DUTY IS TO BE PERFORMED. ( 5 C.G. 271; ID. 941; ID. 987; 6 ID. 377; ID. 537; 7 ID. 03; 13 ID. 390; 14 ID. 564).'

I AM ALSO COGNIZANT OF A RULING BY THE COMPTROLLER GENERAL IN A LETTER DATED APRIL 6, 1933, A-47819 TO THE SECRETARY OF THE INTERIOR CONCERNING PAYMENT OF EXPENSES OF CONSULTANTS EMPLOYED ON A WAE BASIS. IN THAT RULING YOUR OFFICE STATED:

"THE SERVICES INVOLVED IN MR. HENNY'S APPOINTMENT ARE NOT FOR PERFORMANCE IN ANY FIXED PLACE AND THE APPOINTMENT APPEARS TO HAVE CONTEMPLATED TRAVEL AT GOVERNMENT EXPENSES BETWEEN HIS HOME AND THE VARIOUS PLACES WHERE HIS SERVICES MIGHT BE REQUIRED. UNDER THE CIRCUMSTANCES HE WILL BE CONSIDERED AS ACTUALLY EMPLOYED AND ENTITLED TO SALARY PER DIEM AS WELL AS PER DIEM IN LIEU OF SUBSISTENCE WHEN NECESSARILY ABSENT FROM HIS PLACE OF RESIDENCE FOR PURPOSE OF CONSULTATION ON RECLAMATION PROJECTS INCLUDING NECESSARY TRAVEL TIME AND INTERVENING SATURDAY AFTERNOONS, SUNDAYS, AND HOLIDAYS.'

IN VIEW OF THE FACTS RELATED ABOVE AND SINCE IT IS IMPOSSIBLE TO OBTAIN THE SERVICES OF THESE CONSULTANTS WITHOUT PAYING THE ACTUAL TRANSPORTATION EXPENSES AND ALSO PER DIEM, IT IS THE CONTEMPLATION OF THE BOARD TO ALLOW EXPENSES BERWEEN HIS HOME AND THE VARIOUS PLACES WHERE HIS SERVICES MIGHT BE REQUIRED AT GOVERNMENT EXPENSE IN ACCORDANCE WITH THE RULING TO THE SECRETARY OF THE INTERIOR, HOWEVER, I WOULD APPRECIATE YOUR PROMPT DECISION WITH RESPECT TO THE FOLLOWING QUESTIONS:

QUESTION (1). IS IT PERMISSIBLE TO DESIGNATE AN EMPLOYEE'S OFFICIAL STATION AS HIS RESIDENCE WHEN IT CAN NOT BE DETERMINED THE ACTUAL PLACE A MAJOR PORTION OF HIS WORK WILL BE PERFORMED?

QUESTION (2). WHERE AN EMPLOYEE IS APPOINTED WITH HIS OFFICIAL STATION DESIGNATED AT ONE POINT AND INSTRUCTED TO REPORT THE SAME DAY TO ANOTHER POINT FOR AN INDEFINITE DURATION AND WHERE HE THEREAFTER USES HIS TEMPORARY POST OF DUTY AS A BASE OF OPERATIONS TRAVELING FROM AND RETURNING THERETO, MAY HE BE REIMBURSED TRAVELING EXPENSES IN REPORTING TO THE LATTER PLACE AND PER DIEM IN LIEU OF SUBSISTENCE ENROUTE AND WHILE AT HIS TEMPORARY POST OF DUTY NOTWITHSTANDING THE FACT THAT HE HAS NEVER PERFORMED ANY DUTIES AT HIS DESIGNATED HEADQUARTERS?

QUESTION (3). WHERE A CONSULTANT EMPLOYED ON A PER DIEM WAE BASIS WORKS INTERMITTENTLY SEVERAL DAYS PER WEEK, MAY HE BE REIMBURSED TRAVELING EXPENSES AND PER DIEM ENROUTE FOR REPORTING EACH WEEK TO HIS POST OF DUTY AND RETURN TO HIS RESIDENCE, WHICH HAS BEEN DESIGNATED HIS OFFICIAL HEADQUARTERS, AT THE COMPLETION OF HIS ASSIGNMENT?

QUESTION (4). WHERE A CONSULTANT EMPLOYED ON A PER DIEM WAE BASIS IS SPECIFICALLY INSTRUCTED TO REPORT TO A PLACE OTHER THAN HIS OFFICIAL HEADQUARTERS, MAY HE BE REIMBURSED TRAVELING EXPENSES AND PER DIEM ENROUTE FOR REPORTING TO A SPECIFIC POINT AND RETURN TO HIS RESIDENCE AT THE COMPLETION OF HIS ASSIGNMENT IF THE ASSIGNMENT IS ONLY FOR A SPECIFIC PURPOSE AND OF A DURATION OF TWO OR THREE DAYS, OR LESS?

AN EARLY DECISION IN THE MATTER WILL BE GREATLY APPRECIATED.

IN 21 COMP. GEN. 1128, IT WAS HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

UNDER SECTION 3 OF THE ACT OF DECEMBER 29, 1941, GRANTING TO CERTIFYING OFFICERS THE RIGHT TO OBTAIN DECISIONS BY THE COMPTROLLER GENERAL, A CERTIFYING OFFICER IS ENTITLED TO A DECISION ONLY ON A QUESTION OF LAW INVOLVED IN PAYMENT ON A SPECIFIC VOUCHER PRESENTED TO HIM FOR CERTIFICATION.

NO VOUCHERS WERE SUBMITTED WITH YOUR LETTER BUT IT IS UNDERSTOOD FROM THE STATEMENTS MADE IN THE SECOND PARAGRAPH OF YOUR LETTER THAT THERE ARE VOUCHERS NOW BEFORE YOU FOR CERTIFICATION INVOLVING ALL OF THE QUESTIONS PRESENTED, AND, TO AVOID DELAY, THE QUESTIONS PRESENTED WILL BE ANSWERED ON THAT BASIS IN THIS INSTANCE WITHOUT REQUIRING SAID VOUCHERS.

THE FIRST SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT, 1943, APPROVED JULY 25, 1942, PUBLIC LAW 678, 56 STAT. 707, CONTAINS, AMONG OTHERS, THE FOLLOWING ITEMS:

OFFICE FOR EMERGENCY MANAGEMENT

PAR. 1. FOR ALL NECESSARY EXPENSES OF THE CONSTITUENT AGENCIES OF THE OFFICE FOR EMERGENCY MANAGEMENT IN PARAGRAPHS 2 TO 12, INCLUSIVE, IN PERFORMING THEIR RESPECTIVE FUNCTIONS AND ACTIVITIES, WITHOUT REGARD TO SECTION 3709, REVISED STATUTES (EXCEPT AS OTHERWISE SPECIFIED HEREIN), INCLUDING (IN ADDITION TO THE OBJECTS SPECIFIED RESPECTIVELY UNDER EACH HEAD) PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA AND ELSEWHERE; * * * TRAVELING EXPENSES, INCLUDING EXPENSES OF ATTENDANCE AT MEETINGS OF ORGANIZATIONS CONCERNED WITH THE WORK OF THE AGENCY FROM WHOSE APPROPRIATION SUCH EXPENSES ARE PAID, AND ACTUAL TRANSPORTATION AND OTHER NECESSARY EXPENSES, AND NOT TO EXCEED $10 (UNLESS OTHERWISE SPECIFIED) PER DIEM IN LIEU OF SUBSISTENCE, OF PERSONS SERVING WHILE AWAY FROM THEIR PERMANENT HOMES OR REGULAR PLACES OF BUSINESS IN AN ADVISORY CAPACITY TO OR EMPLOYED BY ANY OF SUCH AGENCIES WITHOUT OTHER COMPENSATION FROM THE UNITED STATES, OR AT $1 PER ANNUM, AS FOLLOWS:

PAR. II. WAR PRODUCTION BOARD: FOR THE WAR PRODUCTION BOARD, $68,546,300, INCLUDING NOT TO EXCEED $50,000 FOR THE EMPLOYMENT OF ALIENS; NOT TO EXCEED $50,000 FOR THE TEMPORARY EMPLOYMENT OF EXPERT WITNESSES, BY CONTRACT OR OTHERWISE, WITHOUT REGARD TO THE CIVIL SERVICE OR CLASSIFICATION LAWS; AND NOT TO EXCEED $500,000 FOR SCIENTIFIC RESEARCH ON MATERIALS, MATERIAL SUBSTITUTES, AND OTHER SUBJECTS RELATED TO THE FUNCTIONS OF THE BOARD, WITHOUT REGARD TO SECTION 3648, REVISED STATUTES: PROVIDED, THAT FUNDS AVAILABLE FOR EXPENSES OF THE WAR PRODUCTION BOARD FOR THE FISCAL YEAR 1942 AND 1943 MAY BE USED FOR THE RENTAL, MAINTENANCE, AND OPERATION OF ONE AIRPLANE.

IT IS STATED IN YOUR LETTER THAT THE CONSULTANTS REFERRED TO ARE COMPENSATED ON THE BASIS OF ,WHEN ACTUALLY EMPLOYED" AND THIS IS UNDERSTOOD TO MEAN THAT THEY ARE PAID FOR EACH DAY THEY ARE EMPLOYED A PER DIEM COMPENSATION OF 1/360 OF THE ANNUAL SALARY AS FIXED BY THE CLASSIFICATION ACT, AS AMENDED, FOR FULL-TIME SERVICES IN THE SAME CAPACITY. SEE 11 COMP. GEN. 211; ID. 217, ID. 260, ID. 362, 17 ID. 303, 21 ID. 569. HENCE, AS THE CONSULTANTS RECEIVE "OTHER COMPENSATION FROM THE UNITED STATES," THEY DO NOT FALL WITH THE CLASS OF PERSONS WHO ARE ENTITLED UNDER THE TERMS OF PARAGRAPH 1 OF THE ABOVE-QUOTED APPROPRIATION ACT TO ACTUAL TRANSPORTATION AND NOT TO EXCEED $10 PER DIEM IN LIEU OF SUBSISTENCE WHILE SERVING AWAY FROM THEIR PERMANENT HOMES OR PLACES OF BUSINESS IN AN ADVISORY CAPACITY.

IT MUST BE HELD, GENERALLY, THAT A CONSULTANT WHO IS EMPLOYED AND PAID EITHER FULL TIME OR PART TIME ON THE BASIS OF "WHEN ACTUALLY EMPLOYED" IS IN NO DIFFERENT STATUS FROM ANY OTHER FULL-TIME OR PART TIME OFFICER OR EMPLOYEE OF THE GOVERNMENT INSOFAR AS CONCERNS HIS BEING REQUIRED TO BEAR THE EXPENSE OF REPORTING TO HIS FIRST DUTY STATION AND OF REPORTING FOR DUTY FROM HIS RESIDENCE TO A REGULARLY ESTABLISHED OFFICIAL STATION OR DESIGNATED POST OF DUTY. THAT IS TO SAY, THERE IS NO AUTHORITY, SIMPLY BY DESIGNATING AN OFFICER OR EMPLOYEE AS A "CONSULTANT" AND PAYING HIM ONLY "WHEN ACTUALLY EMPLOYED," TO RELIEVE HIM OF THE REQUIREMENT TO BEAR THE COST OF TRAVEL NECESSARILY INVOLVED IN REPORTING FROM HIS HOME TO POST OF DUTY. 15 COMP. GEN. 342; 19 ID. 836. SUCH ACTION WOULD BE TANTAMOUNT TO INCREASING THE SALARY OF THE EMPLOYEE BEYOND THAT FIXED BY LAW. 13 COMP. GEN. 390; CF. 19 ID. 71. COMPARE DECISIONS OF THIS OFFICE INVOLVING OFFICERS AND EMPLOYEES WHO SERVE THE GOVERNMENT WITHOUT COMPENSATION 24 COMP. DEC. 617; 21 COMP. GEN. 377; ID. 886; DECISION OF AUGUST 8, 1942, B- 27674 22 COMP. GEN. 129; DECISION OF SEPTEMBER 4, 1942, B-28301.

IN THE DECISION OF APRIL 6, 1933, A-47819, TO THE SECRETARY OF THE INTERIOR, A PORTION OF WHICH IS QUOTED IN YOUR LETTER, THIS OFFICE RECOGNIZED THAT WHERE NO REGULAR OFFICIAL STATION OR DESIGNATED POST OF DUTY HAD BEEN ADMINISTRATIVELY FIXED OR COULD HAVE BEEN ADMINISTRATIVELY FIXED IN ADVANCE, THE CONSULTANT WAS ENTITLED TO BE PAID TRANSPORTATION AND A PER DIEM IN LIEU OF SUBSISTENCE WHILE AWAY FROM HIS HOME TRAVELING ON OFFICIAL BUSINESS. UNDER THE RULE STATED IN THAT DECISION, THIS OFFICE IS NOT REQUIRED TO OBJECT TO THE PAYMENT OF OTHERWISE AUTHORIZED TRAVEL EXPENSES, INCLUDING A PER DIEM IN LIEU OF SUBSISTENCE AS FIXED IN THE TRAVEL ORDER, IN ACCORDANCE WITH THE SUBSISTENCE EXPENSE ACT AND THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, FOR TRAVEL PERFORMED BY A CONSULTANT EMPLOYED AND PAID ON THE BASIS OF "WHEN ACTUALLY EMPLOYED" WHILE TRAVELING ON OFFICIAL BUSINESS AWAY FROM HIS HOME OR RESIDENCE IN THOSE CASES "WHEN IT CANNOT BE DETERMINED THE ACTUAL PLACE A MAJOR PORTION OF HIS WORK WILL BE PERFORMED" (QUOTING FROM QUESTION (1) ). HOWEVER, IT IS TO BE CLEARLY UNDERSTOOD THAT SAID RULE IS APPLICABLE ONLY WHEN NO OFFICIAL STATION OR DESIGNATED POST OF DUTY OF THE CONSULTANT MAY BE FIXED OR DETERMINED IN ADVANCE, AND IN SUCH CASES THE HOME OR RESIDENCE OF THE CONSULTANT IS NOT TO BE REGARDED NOR DESIGNATED AS HIS OFFICIAL STATION. 16 COMP. GEN. 47. QUESTION (1) IS ANSWERED ACCORDINGLY.

FROM THE FACTS STATED IN QUESTION (2) IT WOULD APPEAR THAT IT IS NOT INTENDED THAT THE EMPLOYEE (UNDERSTOOD TO BE A CONSULTANT) IS TO PERFORM ANY DUTY AT THE FIRST PLACE (HOME OR OTHER PLACE) ADMINISTRATIVELY DESIGNATED AS HIS OFFICIAL STATION, BUT RATHER THAT THE OTHER PLACE TO WHICH THE EMPLOYEE IS DIRECTED TO REPORT FOR DUTY THE SAME DAY HE IS APPOINTED AND FROM WHICH LATTER PLACE HE OPERATED, IS IN FACT HIS FIRST DUTY STATION, AS TO WHICH STATION HE IS REQUIRED TO BEAR THE EXPENSE OF TRAVEL AND AT WHICH PLACE HE WOULD NOT BE ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE AS IN A TRAVEL STATUS. SEE PARAGRAPH 46 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. ALSO SEE DECISION OF DECEMBER 10, 1939, 19 COMP. GEN. 347, WHEREIN IT WAS HELD (QUOTING FROM THE SYLLABUS):

AN ADMINISTRATIVE OFFICE MAY NOT BY A DESIGNATION CONTRARY TO THE ACTUAL FACTS FIX THE PERMANENT DUTY STATION OF AN EMPLOYEE AT ONE PLACE FOR THE PURPOSE OF PAYING HIM A PER DIEM IN LIEU OF SUBSISTENCE AS ON TEMPORARY DUTY IN A TRAVEL STATUS AT ANOTHER PLACE. ON THE BASIS OF FACTS PRESENTED, QUESTION (2) IS ANSWERED IN THE NEGATIVE. IF THE CONSULTANT REFERRED TO IN QUESTION (3) WORKS REGULARLY, EVEN THOUGH INTERMITTENTLY, FOR SEVERAL DAYS EACH WEEK AT THE SAME PLACE, THE PLACE WHERE HE REGULARLY PERFORMS HIS DUTY IS TO BE REGARDED AS HIS OFFICIAL STATION AND THE CONDITIONS STATED IN THE ANSWER TO QUESTION (1) TO JUSTIFY REIMBURSEMENT OF TRAVELING EXPENSES WHILE AWAY FROM HIS RESIDENCE ARE NOT PRESENT. THE "POST OF DUTY" AND "OFFICIAL STATION" OF AN OFFICER AND EMPLOYEE ARE ONE AND THE SAME THING. SEE PARAGRAPH 3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. ON THE BASIS OF THE FACTS PRESENTED, QUESTION (3) IS ANSWERED IN THE NEGATIVE.

IT IS BELIEVED THE ANSWER TO QUESTION (4) WILL BE FOUND, GENERALLY, IN THE ANSWERS TO THE PRECEDING QUESTIONS. IF THE CONSULTANT IS PROPERLY ENTITLED TO TRAVELING EXPENSES WHILE TRAVELING AWAY FROM HIS RESIDENCE UNDER THE RULES ABOVE STATED, THE QUESTION WOULD BE FOR ANSWERING IN THE AFFIRMATIVE. IF SOME PLACE OTHER THAN HIS RESIDENCE HAS BEEN ADMINISTRATIVELY DESIGNATED, OR SHOULD HAVE BEEN ADMINISTRATIVELY DESIGNATED AS THE OFFICIAL STATION OF THE CONSULTANT--- IT BEING IMPROPER IN ANY CASE TO DESIGNATE THE HOME OF A CONSULTANT AT WHICH NO WORK IS PERFORMED AS HIS OFFICIAL STATION--- HE WOULD BE ENTITLED TO AUTHORIZED TRAVELING EXPENSES WHILE TRAVELING ON TEMPORARY DUTY FOR A SPECIFIC PURPOSE AWAY FROM HIS OFFICIAL STATION BUT NOT FOR ALL TIME WHILE AWAY FROM HIS RESIDENCE.