B-36871, SEPTEMBER 27, 1943, 23 COMP. GEN. 237

B-36871, SEPTEMBER 27, 1943, 23 COMP. GEN. 237

TRAVELING EXPENSES - ABANDONMENT OF OFFICIAL TRAVEL PRIOR TO COMPLETION DUE TO DEATH OF RELATIVE AN EMPLOYEE WHO, WHILE EN ROUTE ON OFFICIAL BUSINESS FROM HIS OFFICIAL HEADQUARTERS TO A TEMPORARY DUTY STATION RECEIVED NOTICE OF THE DEATH OF HIS FATHER, ABANDONED HIS OFFICIAL ROUTING AND PROCEEDED AT HIS OWN EXPENSE TO THE HOME OF HIS FATHER AND SUBSEQUENTLY RETURNED TO HIS OFFICIAL HEADQUARTERS IS ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE BETWEEN HIS OFFICIAL HEADQUARTERS AND THE POINT AT WHICH HE ABANDONED HIS OFFICIAL TRIP, INCLUDING PER DIEM IN LIEU OF SUBSISTENCE FOR THE TIME NECESSARILY CONSUMED ON THAT PORTION OF THE JOURNEY.

ACTING COMPTROLLER GENERAL YATES TO R. P. STARKEY, DEPARTMENT OF AGRICULTURE, SEPTEMBER 27, 943:

I HAVE YOUR LETTER OF SEPTEMBER 4, 1943, AS FOLLOWS:

THERE IS TRANSMITTED FOR ADVANCE DECISION THE CLAIM OF MARION CLAWSON COVERING TRAVEL PERFORMED DURING THE PERIOD JULY 1 TO AUGUST 9, 1943, UNDER LETTER OF AUTHORIZATION NO. 542.

UNDER DATE OF JULY 23, MR. CLAWSON LEFT BERKELEY, HIS OFFICIAL STATION, FOR MILWAUKEE, WISCONSIN, PURCHASING A ROUND TRIP FIRST-CLASS TICKET BETWEEN THESE POINTS ON GOVERNMENT TRANSPORTATION REQUEST NO. A 1,722,245, AND A LOWER BERTH FROM BERKELEY TO CHICAGO ON TRANSPORTATION REQUEST NO. A -1,722,246.

UPON ARRIVAL AT OGDEN, UTAH ON JULY 24 AT EIGHT P.M. MR. CLAWSON RECEIVED A TELEGRAM STATING THAT HIS FATHER HAD DIED AND IMMEDIATELY WENT OFF DUTY, PURCHASING A ONE WAY FIRST-CLASS TICKET FROM OGDEN TO RENO ON GOVERNMENT TRANSPORTATION REQUEST NO. A-1,722,247 AND AN UPPER BERTH ON TRANSPORTATION REQUEST NO. A-1,722,248, RETURNING TO BERKELEY OFFICIAL STATION FROM RENO AT HIS OWN EXPENSE. PULLMAN ACCOMMODATIONS FROM OGDEN TO CHICAGO WERE CANCELED AND THE UNUSED PORTIONS OF THE ROUND TRIP TICKET FROM BERKELEY TO MILWAUKEE HAVE BEEN FORWARDED TO THIS OFFICE.

MR. CLAWSON HAS AUTHORIZED A DEDUCTION OF $21.42, REPRESENTING THE VALUE OF GOVERNMENT TRANSPORTATION REQUESTS USED BETWEEN OGDEN AND RENO, TO WHICH AMOUNT FEDERAL TAX IN THE AMOUNT OF $2.15 WILL BE ADDED.

IN VIEW OF THE FACT THAT THE GOVERNMENT DERIVED NO BENEFIT FROM THE TRIP, YOUR OPINION IS RESPECTFULLY REQUESTED AS TO WHETHER THE FUNDS OF THIS BUREAU ARE PROPERLY CHARGEABLE WITH THE EXPENSES OF TRANSPORTATION AND PER DIEM INCURRED ON ACCOUNT OF TRAVEL PERFORMED BETWEEN BERKELEY AND OGDEN ON THE GOING TRIP.

TRAVEL ORDER NO. 542 OF JULY 1, 1943, WAS A BLANKET ORDER AUTHORIZING TRAVEL ON OFFICIAL BUSINESS WITHIN AND THROUGHOUT THE SEVERAL STATES THEREIN MENTIONED AND WAS AMENDED BY ORDER NO. 542A, JULY 5, 1943, TO INCLUDE THE STATE OF WISCONSIN.

IN 6 COMP. GEN. 701, THERE WAS CONSIDERED THE CASE OF AN EMPLOYEE OF THE DEPARTMENT OF COMMERCE WHO WAS ORDERED TO RETURN TO WASHINGTON, D.C., FROM PERU BY WAY OF SAN FRANCISCO AND OTHER PACIFIC COAST STATES FOR THE PERFORMANCE OF OFFICIAL DUTY, AND WHILE EN ROUTE AND AWAITING TRANSPORTATION AT BALBOA, CANAL ZONE, HE RECEIVED WORD OF THE ILLNESS OF A RELATIVE AND ABANDONED THE OFFICIAL ROUTING AND PROCEEDED TO WASHINGTON BY WAY OF NEW YORK CITY. IT WAS HELD IN THAT CASE THAT---

IN PROCEEDING TO BALBOA AND UP UNTIL THE TIME HE WOULD HAVE BEEN REQUIRED TO WAIT THERE FOR THE VESSEL FOR SAN FRANCISCO HE WAS ACTING PURSUANT TO HIS TRAVEL ORDERS AND WAS ENTITLED TO ALL NECESSARY EXPENSES INCURRED: BUT FROM THE TIME HE FORSOOK THE ROUTE PRESCRIBED IN HIS ORDER, HE WAS NOT ON OFFICIAL BUSINESS AND CAN ONLY BE CONSIDERED AS HAVING BEEN IN A LEAVE STATUS AND NOT ENTITLED TO REIMBURSEMENT OF ANY EXPENSE INCURRED NOR TO PER DIEM IN LIEU OF SUBSISTENCE.

SEE, ALSO, B-35034, JULY 28, 1943, IN WHICH IT WAS HELD BY THIS OFFICE, IN EFFECT, THAT THE FACT THAT COMPLIANCE WITH THE TRAVEL ORDERS FAILED TO PLACE THE EMPLOYEE IN A POSITION TO PERFORM OFFICIAL DUTY DUE TO PERSONAL INJURY SHOULD NOT MILITATE AGAINST THE EMPLOYEE FOR EXPENSES INCURRED IN COMPLYING WITH SUCH ORDERS.

AS IT APPEARS FROM YOUR SUBMISSION THAT THE TRAVEL BETWEEN BERKELEY, CALIFORNIA, AND OGDEN, UTAH, WAS PERFORMED WITH THE INTENTION AND PURPOSE OF PROCEEDING TO MILWAUKEE, WISCONSIN, ON OFFICIAL BUSINESS, THE EMPLOYEE IS ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE BETWEEN BERKELEY AND OGDEN, INCLUDING PER DIEM IN LIEU OF SUBSISTENCE FOR THE TIME NECESSARILY CONSUMED ON THAT PORTION OF THE JOURNEY.

THE VOUCHER, HEREWITH RETURNED, CLAIMS PER DIEM IN LIEU OF SUBSISTENCE AMOUNTING TO $24.75, COMPUTED FROM 12.01 A.M., JULY 1, 1943, TO 9.47 A.M., JULY 4, 1943, 3 1/2 DAYS DURING CLAIMANT'S ABSENCE FROM BERKELEY ON A TRIP TO SPOKANE, WASHINGTON, AND FROM 8.15 P.M., JULY 23, 1943, WHEN HE LEFT BERKELEY EN ROUTE TO MILWAUKEE, TO 8 P.M., JULY 24, 1943, WHEN HE ARRIVED AT OGDEN, 1 DAY.

IN VIEW OF YOUR STATEMENT THAT THE CLAIMANT HAS SURRENDERED THE UNUSED PORTION OF THE ROUND-TRIP TICKET FROM BERKELEY TO MILWAUKEE, WHICH WAS USED ONLY ONE WAY TO OGDEN AND HE HAS AUTHORIZED DEDUCTIONS FOR THE AMOUNT CLAIMED BY THIS VOUCHER FOR THE VALUE OF THE TRANSPORTATION REQUEST USED BETWEEN OGDEN AND RENO PLUS FEDERAL TAX THEREON, THE VOUCHER, AFTER MAKING SUCH DEDUCTIONS, AND IF OTHERWISE CORRECT, MAY BE CERTIFIED FOR PAYMENT.