B-41658, MAY 9, 1944, 23 COMP. GEN. 868

B-41658, MAY 9, 1944, 23 COMP. GEN. 868

TRAVELING EXPENSES - CONSULTANTS EMPLOYED ON A PER DIEM BASIS A CONSULTANT EMPLOYED BY THE WAR DEPARTMENT ON A PER DIEM BASIS WHO PERFORMED OFFICIAL TRAVEL BETWEEN HIS OFFICIAL STATION AND HIS TEMPORARY DUTY STATION, WHICH HAPPENED TO BE HIS HOME, IS NOT PRECLUDED FROM RECEIVING PAYMENT OF PER DIEM FOR TRAVEL TIME BETWEEN HIS OFFICIAL STATION AND TEMPORARY DUTY STATION, IF PROPERLY AUTHORIZED, SOLELY BECAUSE OF THE FACT THAT HIS TEMPORARY DUTY STATION HAPPENS TO BE HIS HOME. 22 COMP. GEN. 392, DISTINGUISHED.

COMPTROLLER GENERAL WARREN TO HAROLD H. SIEWERDSEN, WAR DEPARTMENT, MAY 9, 1944:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 26, 1944, AS FOLLOWS:

THERE HAS BEEN SUBMITTED TO ME FOR CERTIFICATION A REIMBURSEMENT TRAVEL VOUCHER IN THE AMOUNT OF $34.27 REPRESENTING TRAVEL PERFORMED IN THE INTEREST OF THE GOVERNMENT BY DR. HERBERT A. TOOPS, EXPERT CONSULTANT TO THE OFFICE, SECRETARY OF WAR, PAID AT THE RATE OF $25.00 PER DIEM.

DR. TOOPS IS EMPLOYED AS A PROFESSOR OF PSYCHOLOGY IN CHARGE OF THE STATISTICAL LABORATORIES AT THE OHIO STATE UNIVERSITY, COLUMBUS, OHIO, WHICH IS ALSO HIS HOME. THE UNIVERSITY HAS LOANED DR. TOOPS TO THE OFFICE, SECRETARY OF WAR TO SERVE AS AN EXPERT CONSULTANT IN CONNECTION WITH PERSONNEL STATISTICS, WHICH AT TIMES NECESSITATES HIS RETURNING TO THE UNIVERSITY TO USE HOLLERITH STATISTICAL EQUIPMENT. THIS EQUIPMENT IS NOT AVAILABLE TO DR. TROOPS IN WASHINGTON, D.C. AT SUCH TIMES AS HE MAKES THESE TRIPS TO COLUMBUS, OHIO HE IS ON GOVERNMENT TIME AND IS PERFORMING OFFICIAL WORK AT THE UNIVERSITY FOR THE GOVERNMENT AS INDICATED BY CERTIFIED TIME SHEETS. PER DIEM WAS TO BE PAID WHILE ENROUTE ONLY BETWEEN THESE TWO POINTS.

THE 22ND COMPTROLLER GENERAL 392, WHEREIN IT IS HELD THAT " CONSULTANTS ARE REQUIRED TO BEAR THE TRANSPORTATION AND TRAVEL EXPENSES FROM AND TO THEIR HOMES TO AND FROM THEIR POSTS OF DUTY * * " DOES NOT IN MY OPINION APPLY TO THIS PARTICULAR CASE, DUE TO THE FACT THAT TRAVEL FROM WASHINGTON, D.C., TO COLUMBUS, OHIO WAS MADE IN THE INTEREST OF THE GOVERNMENT. THEREFORE IT IS FELT THAT THE ENCLOSED VOUCHER CAN BE CERTIFIED FOR PAYMENT.

YOUR EARLY DECISION IN THIS MATTER WILL BE GREATLY APPRECIATED.

IT IS UNDERSTOOD FROM YOUR LETTER THAT WASHINGTON, D.C., IS THE OFFICIAL STATION, AND COLUMBUS, OHIO, THE HOME OF DR. TOOPS; ALSO, THAT TEMPORARY DUTY IS PERFORMED BY HIM AT THE OHIO STATE UNIVERSITY LOCATED AT COLUMBUS, OHIO, HIS HOME, AND THAT NO PER DIEM IS CLAIMED WHILE ON TEMPORARY DUTY AT COLUMBUS, HIS HOME, BUT ONLY FOR TRAVEL TIME BETWEEN WASHINGTON, D.C., HIS OFFICIAL STATION, AND COLUMBUS, HIS TEMPORARY DUTY STATION, WHICH ALSO HAPPENS TO BE HIS HOME. THE TRAVEL ORDER DATED MARCH 14, 1944, AUTHORIZES PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE AND OTHER EXPENSES FOR THE TIME OF TRAVEL.

IF SUCH BE THE FACTS, THAT IS, IF THE TRIPS FROM WASHINGTON, D.C., TO COLUMBUS, OHIO, AND RETURN, WERE PERFORMED ON OFFICIAL BUSINESS, RATHER THAN AS PERSONAL TRAVEL TO AN FROM HIS HOME, FROM AND TO HIS OFFICIAL STATION--- VERIFICATION OF THE ACCURACY OF THE FACTS BEING AN ADMINISTRATIVE RESPONSIBILITY--- THERE IS NO LEGAL OBJECT TO PAYMENT OF PER DIEM FOR TRAVEL TIME BETWEEN WASHINGTON AND COLUMBUS AND RETURN, WHILE TRAVELING ON OFFICIAL BUSINESS, SOLELY BECAUSE OF THE FACT THAT COLUMBUS HAPPENS TO BE THE HOME OF THE TRAVELER. ON THAT BASIS THE RULE STATED IN 22 COMP. GEN. 392, TO WHICH YOU REFER, WOULD NOT BE FOR APPLICATION HERE. CF. 9 COMP. GEN. 140; 19 ID. 414.

ASSUMING THAT THE FACTS ARE AS ABOVE UNDERSTOOD, THE VOUCHER, IF OTHERWISE CORRECT, MAY BE CERTIFIED FOR PAYMENT. THE MEMORANDUM COPY OF THE VOUCHER AND OTHER RELATED PAPERS ARE RETURNED HEREWITH.