B-46729, FEBRUARY 6, 1945, 24 COMP. GEN. 593

B-46729, FEBRUARY 6, 1945, 24 COMP. GEN. 593

SUBSISTENCE - PER DIEMS - TEMPORARY STATION SUBSEQUENTLY MADE PERMANENT AN EMPLOYEE DETAILED TO DUTY AT A TEMPORARY STATION TO PERFORM THE DUTIES OF ANOTHER POSITION IS NOT ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE AT SUCH PLACE ON AND AFTER THE DATE HE RECEIVED NOTICE THAT THE TEMPORARY STATION WAS TO BECOME HIS PERMANENT STATION, EVEN THOUGH THE FORMAL TRANSFER ORDER WAS NOT RECEIVED UNTIL A LATER DATE.

COMPTROLLER GENERAL WARREN TO GUY L. WOOLLEY, FEBRUARY 6, 1945:

THERE HAS BEEN RECEIVED LETTER DATED OCTOBER 14, 1944, FROM MR. F. L. PARNELL, ASSISTANT DIRECTOR FOR FISCAL SERVICES, OFFICE FOR EMERGENCY MANAGEMENT, WRITTEN FOR AND IN YOUR BEHALF, AS FOLLOWS:

BUREAU VOUCHER NO. 1997, FOR $148.35, IN FAVOR OF GUY L. WOOLLEY, IS FORWARDED FOR DIRECT SETTLEMENT.

THIS VOUCHER REPRESENTS A CLAIM FOR PER DIEM FOR DUTIES PERFORMED IN DALLAS, TEXAS FOR THE PERIOD MAY 1-15, 1943 AND A RECLAIM FOR PER DIEM FOR THE PERIOD APRIL 10 THROUGH 30, 1943, SUSPENDED FROM D.O. VOUCHER 11- 177033, PAID NOVEMBER 30, 1943, BY G. F. ALLEN, SYMBOL 111 5025.

A REVIEW OF THE VOUCHER AND PERTINENT CORRESPONDENCE DISCLOSES THAT MR. WOOLLEY, WHO WAS EMPLOYED AS A FINANCIAL ADVISOR OF THE SMALLER WAR PLANTS CORPORATION AT A SALARY OF $3,800, WITH HEADQUARTERS AT NEW ORLEANS, LOUISIANA, WAS DETAILED EARLY IN MARCH, 1943 TO DALLAS, TEXAS, TO TEMPORARILY ASSUME THE DUTIES OF ACTING REGIONAL LOAN AGENT. ON APRIL 10, 1943, WHILE IN DALLAS, MR. WOOLEY WAS ADVISED BY TELEGRAM FROM THE SMALLER WAR PLANTS CORPORATION IN WASHINGTON THAT HIS APPOINTMENT AS REGIONAL LOAN AGENT AT DALLAS, AT A SALARY OF $6,500 HAD BEEN APPROVED BY THE BOARD OF DIRECTORS OF THE SMALLER WAR PLANTS CORPORATION. HIS APPOINTMENT WAS APPROVED BY THE CIVIL SERVICE COMMISSION AND HIS PROMOTION TO $6,500 WAS EFFECTED ON MAY 16, 1943, AT WHICH TIME HIS OFFICIAL STATION WAS FORMALLY CHANGED FROM NEW ORLEANS TO DALLAS BY PERSONNEL ACTION NO. S-10958. VIEW OF THE TELEGRAM OF APRIL 10, PER DIEM IN DALLAS WAS ADMINISTRATIVELY SUSPENDED FOR THE PERIOD APRIL 10 THROUGH APRIL 30, AND VOUCHER SUBMITTED FOR PER DIEM FOR THE PERIOD MAY 1-15, 1943, WAS RETURNED TO MR. WOOLLEY.

AS A RESULT OF THIS SUSPENSION OF PER DIEM, MR. WOOLLEY PRESENTED A CLAIM FOR THE DIFFERENCE IN SALARY RATES OF $3,800 AND $6,500 FOR APRIL 10 THROUGH MAY 15. THIS CLAIM WAS FORWARDED TO YOUR OFFICE AND DISALLOWED ON SETTLEMENT CERTIFICATE DATED MAY 26, 1944, CLAIM NO. 1311358. MR. WOOLLEY IS NOW RECLAIMING THE PER DIEM FOR THE PERIOD APRIL 10 THROUGH MAY 15, 1943, SINCE HE STATES THAT HE DID NOT RECEIVE FORMAL NOTICE OF THE CHANGE OF OFFICIAL STATION UNTIL MAY 16, 1943, THE DATE OF RECEIPT OF PERSONNEL JOURNAL 8-10958.

THE COMPTROLLER GENERAL HELD IN 23 C.G. 342 THAT 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. ALTHOUGH MR. WOOLLEY RECEIVED NOTICE ON APRIL 10 THAT HIS APPOINTMENT AS REGIONAL LOAN AGENT AT DALLAS HAD BEEN APPROVED, THE FORMAL TRANSFER OF OFFICIAL STATION BY PERSONNEL JOURNAL WAS NOT EFFECTED UNTIL MAY 16.

THIS CLAIM IS ADMINISTRATIVELY APPROVED IN THE AMOUNT FOUND TO BE A LEGAL OBLIGATION OF THE GOVERNMENT.

WITH RESPECT TO THE ITEM OF PER DIEM CLAIMED FOR THE PERIOD APRIL 10 TO MAY 16, 1943, THE SETTLEMENT OF MAY 26, 1944, STATED:

YOUR CLAIM FOR ADDITIONAL COMPENSATION IN THE AMOUNT OF $198.82, FOR THE PERIOD APRIL 16 TO MAY 15, 1943, HAS BEEN CAREFULLY EXAMINED AND IT IS FOUND THAT NO PART THEREOF MAY BE ALLOWED FOR THE REASONS HEREINAFTER STATED.

IT APPEARS FROM THE EVIDENCE IN FILE THAT IN MARCH 1943, YOU WERE INSTRUCTED TO PROCEED FROM NEW ORLEANS, LOUISIANA TO DALLAS, TEXAS, TO TEMPORARILY ASSUME DUTIES AS ACTING REGIONAL LOAN AGENT, ON APRIL 10, 1943, YOU WERE NOTIFIED THAT THE BOARD OF DIRECTORS OF THE SMALLER WAR PLANTS CORPORATION HAD APPROVED YOUR APPOINTMENT AS REGIONAL LOAN AGENT, AT DALLAS AT C.A.F.-14, $6,500 PER ANNUM AND ON MAY 7, 1943, BY PERSONNEL ACTION NO. 8-10939 YOU WERE NOTIFIED THAT EFFECTIVE MAY 16, 1943, YOUR STATUS WAS CHANGED FROM FINANCIAL ADVISOR, C.A.F.-11, $3,800 PER ANNUM TO REGIONAL LOAN AGENT, C.A.F.-14, $6,500 PER ANNUM.

IN THE FIELD SERVICE, INVOLVING ACTION BY THE ADMINISTRATIVE OFFICE, THE INCREASE IN COMPENSATION IS TO BE REGARDED AS AN ADMINISTRATIVE PROMOTION AND, AS SUCH, WOULD BE EFFECTIVE ON THE DATE OF APPROVAL BY THE PROPER ADMINISTRATIVE OFFICER, OR AT SUCH LATER DATE AS MIGHT BE ADMINISTRATIVELY FIXED. SINCE IT APPEARS THAT ON MAY 7, 1943, BY PERSONNEL ACTION NO. 8- 10939 IT WAS ADMINISTRATIVELY DETERMINED THAT YOUR STATUS WOULD BE CHANGED EFFECTIVE MAY 16, 1943, THERE IS NO AUTHORITY FOR PAYMENT OF ANY AMOUNT TO YOU PRIOR TO THIS DATE.

IN CONNECTION WITH THE PER DIEM IN LIEU OF SUBSISTENCE FOR THE PERIOD APRIL 10 TO MAY 16, 1943, YOU ARE ADVISED THAT THIS IS A MATTER WHOLLY WITHIN THE DISCRETION OF THE HEADS OF THE DEPARTMENTS OR THEIR DULY AUTHORIZED REPRESENTATIVES, AND THEIR ACTION IN THAT REGARD, WHEN IN CONFORMITY WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, MAY NOT BE DISTURBED BY THIS OFFICE. THEREFORE, SINCE THE ADMINISTRATIVE OFFICE HAS SUSPENDED YOUR PER DIEM IN LIEU OF SUBSISTENCE FOR THE ABOVE MENTIONED PERIOD THERE IS NO AUTHORITY OF LAW FOR PAYMENT OF ANY AMOUNT TO YOU.

I THEREFORE CERTIFY THAT NO BALANCE IS FOUND DUE YOU FROM THE UNITED STATES.

THE DECISION OF NOVEMBER 5, 1943, 23 COMP. GEN. 342, TO WHICH YOU REFER, STATED AT PAGE 343, AS FOLLOWS:

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.

ALSO, SEE DECISION OF JULY 2, 1942, 22 COMP. GEN. 1, HOLDING AS FOLLOWS:

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.

THE RECORD BEFORE THIS OFFICE CLEARLY SHOWS THAT YOU RECEIVED NOTICE APRIL 10, 1943, BY TELEGRAM, THAT YOUR APPOINTMENT AS REGIONAL LOAN AGENT AT DALLAS, TEXAS, WHERE YOU WERE ON TEMPORARY DUTY, HAD BEEN APPROVED BY THE SMALLER WAR PLANTS CORPORATION. WHILE THERE APPEARS TO HAVE BEEN A DELAY IN MAKING THE APPOINTMENT EFFECTIVE (APPARENTLY DUE TO COMPLIANCE WITH CIVIL SERVICE RULES) AND IN ISSUING FORMAL NOTICE OF YOUR CHANGE OF OFFICIAL STATION NECESSITATED BY SUCH APPOINTMENT, NEVERTHELESS YOU KNEW ON AND AFTER APRIL 10, 1944, THAT DALLAS, TEXAS, WAS TO BE YOUR PERMANENT DUTY STATION. UNDER THE RULE STATED IN THE QUOTED DECISIONS, PER DIEM IN LIEU OF SUBSISTENCE MAY NOT BE ALLOWED AT A PLACE WHERE AN EMPLOYEE IS ON TEMPORARY DUTY AFTER HE RECEIVES NOTICE THAT SUCH PLACE IS TO BECOME HIS PERMANENT DUTY STATION, EVEN THOUGH THERE MAY BE AN ADMINISTRATIVE DELAY IN THE PROCESSING AND ISSUANCE OF A FORMAL TRANSFER ORDER.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM FOR PER DIEM COVERING THE PERIOD APRIL 10 TO MAY 16, 1943, WAS PROPER.