B-68125, OCTOBER 3, 1947, 27 COMP. GEN. 184

B-68125: Oct 3, 1947

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TRAVELED TO HIS NEW STATION FROM A PLACE WHERE HE WAS ON LEAVE WITHOUT PAY WHICH HAD BEEN GRANTED IMMEDIATELY UPON HIS RETURN FROM MILITARY SERVICE AND RESTORATION TO DUTY AT HIS FORMER STATION. IS ENTITLED TO BE REIMBURSED TRAVELING EXPENSES ACTUALLY INCURRED. - A LESSER AMOUNT THAN WOULD HAVE BEEN INCURRED HAD HE TRAVELED DIRECTLY FROM THE OLD TO NEW STATION. 1947: REFERENCE IS MADE TO YOUR LETTER OF JULY 16. SUBJECT: PAYMENT OF TRAVEL EXPENSES OF AN EMPLOYEE WHO WAS PLACED ON LEAVE WITHOUT PAY AT THE EXPIRATION OF HIS MILITARY FURLOUGH AND WHOSE STATION WAS CHANGED AT THE EXPIRATION OF HIS LEAVE WITHOUT PAY. THE ABOVE-REFERENCED EMPLOYEE WAS RESTORED TO DUTY AT HIS FORMER OFFICIAL STATION.

B-68125, OCTOBER 3, 1947, 27 COMP. GEN. 184

TRAVELING EXPENSES - TRANSFERS - TRAVEL FROM PLACE OF LEAVE WITHOUT PAY AN EMPLOYEE WHO, PURSUANT TO CHANGE OF STATION ORDERS PROVIDING FOR REIMBURSEMENT OF TRAVEL EXPENSES INCURRED, TRAVELED TO HIS NEW STATION FROM A PLACE WHERE HE WAS ON LEAVE WITHOUT PAY WHICH HAD BEEN GRANTED IMMEDIATELY UPON HIS RETURN FROM MILITARY SERVICE AND RESTORATION TO DUTY AT HIS FORMER STATION, IS ENTITLED TO BE REIMBURSED TRAVELING EXPENSES ACTUALLY INCURRED--- A LESSER AMOUNT THAN WOULD HAVE BEEN INCURRED HAD HE TRAVELED DIRECTLY FROM THE OLD TO NEW STATION--- WITHOUT ANY DEDUCTION FOR THE COST OF RETURNING FROM THE PLACE OF LEAVE TO THE OLD STATION. COMPARE 21 COMP. GEN. 224.

COMPTROLLER GENERAL WARREN TO W. H. BARRETT, DEPARTMENT OF COMMERCE, OCTOBER 3, 1947:

REFERENCE IS MADE TO YOUR LETTER OF JULY 16, 1947, AS FOLLOWS:

REFERENCE: INCLOSED REIMBURSEMENT VOUCHER OF ROBERT W. NICHOLSON FOR $22.69.

SUBJECT: PAYMENT OF TRAVEL EXPENSES OF AN EMPLOYEE WHO WAS PLACED ON LEAVE WITHOUT PAY AT THE EXPIRATION OF HIS MILITARY FURLOUGH AND WHOSE STATION WAS CHANGED AT THE EXPIRATION OF HIS LEAVE WITHOUT PAY.

THE ABOVE-REFERENCED EMPLOYEE WAS RESTORED TO DUTY AT HIS FORMER OFFICIAL STATION, DAYTON, OHIO, AT THE EXPIRATION OF HIS MILITARY FURLOUGH AND IMMEDIATELY PLACED ON LEAVE WITHOUT PAY FOR THE PURPOSE OF ATTENDING SCHOOL. HE DID NOT PERFORM ANY SERVICE AT DAYTON, OHIO, UPON HIS RESTORATION TO DUTY. THE PERMANENT OFFICIAL STATION OF THE EMPLOYEE WAS CHANGED FROM DAYTON, OHIO, TO MINNEAPOLIS, MINNESOTA AT THE EXPIRATION OF THE LEAVE WITHOUT PAY. A COPY OF LETTER OF AUTHORIZATION NO. 1091, DATED APRIL 25, 1947 COVERING THE TRANSFER IS INCLOSED. THE ATTACHED VOUCHER COVERS THE EMPLOYEE'S CLAIM FOR TRAVEL EXPENSES FROM CHESTERTON, INDIANA (HIS FORMER HOME) TO MINNEAPOLIS, MINNESOTA, HIS NEW OFFICIAL STATION.

YOUR DECISION IS REQUESTED AS TO WHETHER THE EMPLOYEE'S TRAVEL EXPENSES MAY BE PAID FROM THE PLACE WHERE HE WAS ON LEAVE WITHOUT PAY TO THE NEW STATION FOLLOWING HIS RESTORATION TO DUTY ON MAY 9, 1947, FROM A LEAVE WITHOUT PAY STATUS.

REQUEST FOR YOUR DECISION IS MADE UNDER THE PROVISIONS OF SECTION 3 OF THE ACT OF DECEMBER 29, 1941 (55 STAT. 876).

APPARENTLY, THE DOUBT CONCERNING YOUR AUTHORITY TO CERTIFY THE SUBJECT VOUCHER FOR PAYMENT ARISES BY REASON OF THE RULE THAT WHEN AN EMPLOYEE'S OFFICIAL STATION IS CHANGED WHILE HE IS IN A LEAVE STATUS, AND, INSTEAD OF RETURNING TO HIS OLD STATION, HE ELECTS TO REPORT DIRECTLY TO THE NEW STATION, HE MUST BEAR THE EXPENSE THEREOF EQUIVALENT TO THE COST OF RETURNING TO HIS OLD STATION. SEE 21 COMP. GEN. 224, AND DECISIONS CITED THEREIN.

IN THIS CASE, IT APPEARS THAT THE EMPLOYEE WAS A RETURNED VETERAN WHO WAS RESTORED TO DUTY AT HIS OLD STATION ( DAYTON, OHIO); THAT HE PERFORMED NO SERVICES AT HIS OLD STATION UPON HIS RESTORATION TO DUTY BUT IMMEDIATELY WAS PLACED ON LEAVE WITHOUT PAY FOR THE PURPOSE OF ATTENDING SCHOOL; THAT THE TRAVEL ORDER SPECIFICALLY DIRECTED THE EMPLOYEE TO TRAVEL FROM THE PLACE HE WAS ON LEAVE WITHOUT PAY AT CHESTERTON, INDIANA, TO HIS NEW DUTY STATION AT MINNEAPOLIS, MINNESOTA; AND THAT SAID ORDER PROVIDED THAT EMPLOYEE WOULD BE REIMBURSED FOR THE "EXPENSES INCURRED" IN CONNECTION WITH SAID TRAVEL. MOREOVER, THERE APPEARS TO HAVE BEEN NO NECESSITY OR REASON FROM THE GOVERNMENT'S STANDPOINT FOR HAVING THE EMPLOYEE RETURN TO HIS OLD STATION AT THE EXPIRATION OF HIS LEAVE WITHOUT PAY.

UNDER SUCH CIRCUMSTANCES, AND SINCE THE EXPENSE INCURRED IN REPORTING TO THE NEW STATION FROM THE PLACE WHERE THE EMPLOYEE WAS ON LEAVE APPARENTLY WAS LESS THAN THE EXPENSE THAT WOULD HAVE BEEN INCURRED HAD THE EMPLOYEE NOT BEEN ON LEAVE AND HAD TRAVELED FROM THE OLD TO THE NEW STATION, THE EMPLOYEE PROPERLY MAY BE REGARDED AS ENTITLED TO BE REIMBURSED FOR THE EXPENSES ACTUALLY INCURRED PURSUANT TO THE TRAVEL ORDER INVOLVED. CF. B- 6253, JULY 29, 1947, 27 COMP. GEN. 32.

ACCORDINGLY, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF CORRECT AND PROPER IN OTHER RESPECTS.