B-40189, MARCH 21, 1944, 23 COMP. GEN. 711

B-40189: Mar 21, 1944

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WAS APPROVED BUT ACTUAL NOTICE TO HIM AND THE EFFECTIVE DATE THEREOF WERE DELAYED FOR ADMINISTRATIVE EXPEDIENCY. THE EMPLOYEE IS ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE. 1944: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 5. BECAME THEIR OFFICIAL HEADQUARTERS WHILE THEY WERE TEMPORARILY STATIONED THERE ON OFFICIAL BUSINESS. PROMOTION FROM GRADE CAF-2 TO GRADE CAF-3 WAS APPROVED BY THE SECRETARY OF AGRICULTURE TO BECOME EFFECTIVE JULY 14. THE EFFECTIVE DATE WAS PRESUMABLY DELAYED FOR ADMINISTRATIVE REASONS. PER DIEM WAS CLAIMED FROM 1:00 P.M. 1943 AND WAS ALLOWED FROM 1:00 P.M. TRAVEL ORDER 1944-DFM-12 (COPY ENCLOSED) WAS ISSUED NOVEMBER 8. ARE ESTABLISHED.'. 1943 AND FORMAL NOTICE WAS RECEIVED BY MR.

B-40189, MARCH 21, 1944, 23 COMP. GEN. 711

SUBSISTENCE - PER DIEMS - TEMPORARY STATION SUBSEQUENTLY MADE PERMANENT WHERE THE TRANSFER OF AN EMPLOYEE, WHO HAD BEEN TEMPORARILY DETAILED OR ASSIGNED TO DUTY AWAY FROM HIS HEADQUARTERS FOR THE PURPOSE OF DETERMINING HIS ELIGIBILITY FOR PERMANENT APPOINTMENT TO THE POSITION TO WHICH TEMPORARILY ASSIGNED OR DETAILED, WAS APPROVED BUT ACTUAL NOTICE TO HIM AND THE EFFECTIVE DATE THEREOF WERE DELAYED FOR ADMINISTRATIVE EXPEDIENCY, THE EMPLOYEE IS ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE, IF AUTHORIZED IN THE TRAVEL ORDER, UP TO, BUT NOT INCLUDING, THE DATE HE RECEIVED OFFICIAL NOTICE THAT HE HAD QUALIFIED FOR THE POSITION AND HAD BEEN TRANSFERRED TO IT, RATHER THAN THE DATE OF APPROVAL OF THE TRANSFER OR THE EFFECTIVE DATE STATED THEREIN. 22 COMP. GEN. 1, AMPLIFIED.

COMPTROLLER GENERAL WARREN TO THOMAS SMART, DEPARTMENT OF AGRICULTURE, MARCH 21, 1944:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 5, 1944 (7-FG), AS FOLLOWS:

THE ACCOMPANYING RECLAIM VOUCHERS SUBMITTED BY ESTHER M. SCHWARTZ AND WILLIAM J. BURKE REPRESENT AMOUNTS ADMINISTRATIVELY SUSPENDED FROM THEIR ORIGINAL CLAIMS FOR PER DIEM COVERING PERIODS OF DUTY AT WASHINGTON, D. C., WHICH LOCATION, BY TRANSFER, BECAME THEIR OFFICIAL HEADQUARTERS WHILE THEY WERE TEMPORARILY STATIONED THERE ON OFFICIAL BUSINESS.

ESTHER M. SCHWARTZ TRAVELED TO WASHINGTON, D.C., JUNE 19-20, 1943 FROM ST. PAUL, MINNESOTA, HER OFFICIAL STATION, UNDER TRAVEL ORDER 503 NC DATED JUNE 2, 1943 (COPY ATTACHED). ON JUNE 6, 1943 HER TRANSFER TO WASHINGTON, D.C. AND PROMOTION FROM GRADE CAF-2 TO GRADE CAF-3 WAS APPROVED BY THE SECRETARY OF AGRICULTURE TO BECOME EFFECTIVE JULY 14, 1943 AND SHE RECEIVED NOTICE OF THE ACTION ON THE MORNING OF JULY 14, 1943. THE EFFECTIVE DATE WAS PRESUMABLY DELAYED FOR ADMINISTRATIVE REASONS. PER DIEM WAS CLAIMED FROM 1:00 P.M. JUNE 19, 1943 (TIME OF DEPARTURE FROM ST. PAUL) TO 12:00 MIDNIGHT JULY 13, 1943 AND WAS ALLOWED FROM 1:00 P.M. JUNE 19, 1943 TO 12:00 MIDNIGHT JULY 5, 1943, THE DAY PRECEDING DATE OF APPROVAL BY THE APPOINTING OFFICER. ( D.O. VOUCHERS 4 74172 PAID SEPTEMBER 10, 1943, G. F. ALLEN, SYMBOL 104-2350 AND 4 144355 PAID NOVEMBER 15, 1943, G. F. ALLEN SYMBOL 104-2350.)

PURSUANT TO THE AUTHORITY GRANTED UNDER TRAVEL ORDER 1944-DFM-11 DATED NOVEMBER 4, 1943 (COPY ENCLOSED) WILLIAM J. BURKE TRAVELED FROM COLUMBUS, OHIO, HIS OFFICIAL STATION, TO WASHINGTON, D.C. FOR TEMPORARY DUTY, STARTING AT 8:50 P.M. NOVEMBER 6, 1943. TRAVEL ORDER 1944-DFM-12 (COPY ENCLOSED) WAS ISSUED NOVEMBER 8, 1943 AUTHORIZING A CHANGE IN OFFICIAL STATION FROM COLUMBUS, OHIO TO WASHINGTON D.C.'AT SUCH TIME AS YOUR QUALIFICATIONS FOR POSITION OF ADMINISTRATIVE ASSISTANT IN BUDGET SECTION, A.A.A. ARE ESTABLISHED.' THE APPOINTING OFFICER APPROVED THE TRANSFER AND PROMOTION FROM GRADE CAF-5 TO CAF-7 ON NOVEMBER 8, TO BECOME EFFECTIVE NOVEMBER 14, 1943 AND FORMAL NOTICE WAS RECEIVED BY MR. BURKE NOVEMBER 13, 1943. THE EFFECTIVE DATE WAS PRESUMABLY DELAYED FOR ADMINISTRATIVE EXPEDIENCY. PER DIEM WAS CLAIMED FROM 8:50 P.M. NOVEMBER 6, 1943 (TIME OF DEPARTURE FROM COLUMBUS) TO 12:00 MIDNIGHT NOVEMBER 13, 1943 AND WAS ALLOWED FROM 8:50 P.M. NOVEMBER 6, 1943 TO 12:00 MIDNIGHT NOVEMBER 7, 1943, THE DATE PRECEDING THE DATE THE APPOINTING OFFICER PASSED ON HIS QUALIFICATIONS FOR THE POSITION. ( D.O. VOUCHER 4 186092, PAID DECEMBER 20, 1943, G. F. ALLEN SYMBOL 104-2350.)

IN VIEW OF 22 COMP. GEN. 1 AND B-37096, DATED NOVEMBER 5, 1943 (23 COMP. GEN. 342), YOUR DECISION IS REQUESTED AS TO WHETHER, IN THE PRESENT CASES, THE EFFECTIVE DATE OF EACH TRANSFER IS TO BE REGARDED AS THE DAY ON WHICH THE APPOINTING OFFICER APPROVED THE ACTIONS, THE EFFECTIVE DATE AS SPECIFIED IN THE PERSONNEL ACTION (FORM AD-126), OR THE DATE OF RECEIPT OF NOTICE OF TRANSFER BY THE EMPLOYEE, AND PER DIEM ALLOWED ACCORDINGLY.

THE RECORDS IN THE TWO CASES SHOW THAT EACH EMPLOYEE TRAVELED UNDER COMPETENT ORDERS FROM HIS PERMANENT OFFICIAL DUTY STATION TO WASHINGTON D.C., FOR THE PURPOSE OF PERFORMING TEMPORARY DUTY AND RETURNING TO HIS OFFICIAL STATION UPON COMPLETION THEREOF; THAT APPARENTLY THE PURPOSE OF EACH DETAIL WAS TO DETERMINE WHETHER THE EMPLOYEE WAS QUALIFIED FOR THE DUTIES OF ANOTHER POSITION IN WASHINGTON, D.C.; THAT EACH EMPLOYEE WAS FOUND QUALIFIED AND HIS TRANSFER AND PROMOTION WERE APPROVED BY THE APPOINTING OFFICER--- MISS SCHWARTZ'S ON JULY 6, 1943, TO BECOME EFFECTIVE JULY 14, 1943, AND MR. BURKE'S ON NOVEMBER 8, 1943, TO BECOME EFFECTIVE NOVEMBER 14, 1943; THAT EACH CLAIMED PER DIEM FOR THE PERIOD BEGINNING WITH THE TIME OF DEPARTURE FROM THE LAST OFFICIAL STATION AND ENDING AT MIDNIGHT OF THE DAY PRECEDING THE EFFECTIVE DATE OF THE PROMOTION; THAT MISS SCHWARTZ RECEIVED NOTICE OF TRANSFER JULY 14, 1943, AND MR. BURKE, NOVEMBER 13, 1943; THAT THE ADMINISTRATIVE AUDIT ACTION HAS ALLOWED PER DIEM IN LIEU OF SUBSISTENCE FROM THE DATE CLAIMED TO MIDNIGHT OF THE DAY PRECEDING THE DATES OF APPROVAL OF THE TRANSFERS BY THE APPOINTING OFFICER ON JULY 6, AND NOVEMBER 8, 1943, RESPECTIVELY.

ON HER VOUCHER MISS SCHWARTZ RECLAIMS $40, SAID SUM REPRESENTING PER DIEM AT THE RATE OF $5, THE RATE FIXED IN HER TRAVEL ORDER, FOR 8 DAYS FROM MIDNIGHT JULY 5 TO MIDNIGHT JULY 13, 1943, THE DAY PRECEDING THE DATE ON WHICH SHE RECEIVED OFFICIAL NOTICE OF HER TRANSFER; AND ON HIS VOUCHER MR. BURKE CLAIMS $36, SAID SUM REPRESENTING PER DIEM AT THE RATE OF $6, THE RATE FIXED IN HIS TRAVEL ORDER, FOR 6 DAYS FROM NOVEMBER 8, TO NOVEMBER 13, 1943, ON THE AFTERNOON OF WHICH HE RECEIVED OFFICIAL NOTICE OF HIS TRANSFER.

IN DECISION OF JULY 2, 1942, 22 COMP. GEN. 1, IT WAS HELD (QUOTING FROM THE SYLLABUS):

TRAVEL BY AN EMPLOYEE INCIDENT TO AN ORDER TO TEMPORARY DUTY AWAY FROM HIS HEADQUARTERS TO PERFORM THE DUTIES OF ANOTHER POSITION PENDING DETERMINATION BY COMPETENT AUTHORITY OF HIS ELIGIBILITY FOR PERMANENT APPOINTMENT TO SUCH POSITION CONSTITUTES TRAVEL ON OFFICIAL BUSINESS AWAY FROM A DESIGNATED POST OF DUTY WITHIN THE MEANING OF THE SUBSISTENCE EXPENSE ACT OF 1926, AS AMENDED, AND THE EMPLOYEE IS ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE, AS PROVIDED IN HIS ORDERS, FROM THE TIME HE LEFT HIS OFFICIAL STATION TO AND INCLUDING THE DAY PRECEDING THE DATE ON WHICH HIS ELIGIBILITY FOR PERMANENT APPOINTMENT WAS FINALLY DETERMINED. COMP. GEN. 32, DISTINGUISHED.

IN THE DECISION OF NOVEMBER 5, 1943, 23 COMP. GEN. 342, 343, IT IS STATED:

IT UNIFORMLY HAS BEEN HELD THAT WHEN A CIVILIAN EMPLOYEE IS PERMANENTLY TRANSFERRED TO A PLACE AT WHICH HE ALREADY IS ON DUTY UNDER COMPETENT ORDERS, THE TRANSFER IS EFFECTIVE UPON THE DATE HE RECEIVES NOTICE THEREOF. DECISIONS OF MARCH 16, 1942, B-23939; AND JULY 22, 1942, B- 26965. BUT IF AN EMPLOYEE IS TRANSFERRED TO A PLACE WHERE HE IS NOT ON TEMPORARY DUTY, HIS POST OF DUTY CHANGES ON THE DATE HE ACTUALLY ARRIVES AT THE NEW STATION. 5 COMP. GEN. 337; ID. 874.

IN THE FIRST ABOVE-QUOTED DECISION NO ELEMENT OF NOTICE OF TRANSFER WAS INVOLVED OR CONSIDERED. HOWEVER, THE RULE STATED IN THAT DECISION IS SUBJECT TO THE RULE ENUNCIATED IN THE LATER DECISION, SUPRA. THAT IS TO SAY, WHEN AN EMPLOYEE IS TEMPORARILY DETAILED OR ASSIGNED TO A PLACE AWAY FROM HIS OFFICIAL HEADQUARTERS FOR THE PURPOSE OF DETERMINING THE EMPLOYEE'S ELIGIBILITY FOR PERMANENT APPOINTMENT TO THE POSITION TO WHICH DETAILED, HE MAY BE PAID PER DIEM, IF AUTHORIZED IN THE TRAVEL ORDER, UP TO THE DAY HE RECEIVES OFFICIAL NOTICE THAT HE HAS QUALIFIED FOR THE POSITION AND HAS BEEN TRANSFERRED TO IT. B-23939 DATED MARCH 16, 1942.

THE VOUCHER IN FAVOR OF MISS SCHWARTZ, IF OTHERWISE CORRECT, MAY BE CERTIFIED FOR PAYMENT. IN THE CASE OF MR. BURKE, PER DIEM SHOULD NOT BE ALLOWED FOR NOVEMBER 13, 1943, ON WHICH HE RECEIVED OFFICIAL NOTICE OF THE TRANSFER.