B-68166, SEP. 25, 1957

B-68166: Sep 25, 1957

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CASSILLY IS AN EMPLOYEE OF THE SOUTHWESTERN POWER ADMINISTRATION. WHICH IS ALSO HIS PLACE OF RESIDENCE. THE CHICAGO AND DALLAS TRAVEL WAS PERFORMED BY COMMERCIAL AIR. IS OUTSIDE THE LIMITS OF THE CITY. HE WAS ADMINISTRATIVELY PAID A PER DIEM ALLOWANCE FOR EACH TRIP. WAS RESTRICTED TO THE INTERVAL OF TIME BETWEEN DEPARTURE FROM AND RETURN TO THE TULSA MUNICIPAL AIRPORT. THUS A QUARTER OF A DAY'S PER DIEM WAS ADMINISTRATIVELY DEDUCTED FROM THE AMOUNT CLAIMED BY MR. CASSILLY IS OF THE VIEW. AS THE AIRPORT IS BEYOND THE CITY LIMITS OF TULSA. THAT SECTION 6.9C IS NOT APPLICABLE AND THAT PER DIEM IS PAYABLE FROM THE TIME OF HIS DEPARTURE UNTIL HIS RETURN TO HIS RESIDENCE AT TULSA. - "THE TIME OF ARRIVAL AT AND DEPARTURE FROM A PLACE WILL BE CONSIDERED AS THE HOUR AT WHICH THE TRAIN.

B-68166, SEP. 25, 1957

TO MR. C. H. SMITH, AUTHORIZED CERTIFYING OFFICER, UNITED STATES DEPARTMENT OF THE INTERIOR:

YOUR LETTER OF JULY 29, 1957, FORWARDED FOR CONSIDERATION A VOUCHER SUBMITTED BY PHILIP J. CASSILLY, IN THE AMOUNT OF $4.25, CONSTITUTING A RECLAIM OF PER DIEM SUBSISTENCE ALLOWANCES ADMINISTRATIVELY DISALLOWED THE PAYEE INCIDENT TO OFFICIAL TRAVEL.

MR. CASSILLY IS AN EMPLOYEE OF THE SOUTHWESTERN POWER ADMINISTRATION, DEPARTMENT OF INTERIOR, STATIONED AT TULSA, OKLAHOMA, WHICH IS ALSO HIS PLACE OF RESIDENCE. ON APRIL 29, 1957, HE DEPARTED FROM TULSA FOR TEMPORARY DUTY AT CHICAGO, ILLINOIS. HE RETURNED TO TULSA MAY 1, 1957. ON JUNE 27, 1957, HE TRAVELED TO DALLAS, TEXAS, AND RETURNED TO TULSA THE SAME DAY. THAT TRAVEL EXTENDED BEYOND THE HOURS OF 8 A.M. TO 6 P.M. SO AS TO PERMIT A SUBSISTENCE ALLOWANCE THEREFOR (SEE SECTION 6.11 STANDARDIZED GOVERNMENT TRAVEL REGULATIONS).

THE CHICAGO AND DALLAS TRAVEL WAS PERFORMED BY COMMERCIAL AIR. THE LOCAL AIR TERMINAL AT TULSA, THE TULSA MUNICIPAL AIRPORT, IS OUTSIDE THE LIMITS OF THE CITY. MR. CASSILLY PROCEEDED TO AND FROM THE MUNICIPAL AIRPORT BY TAXICAB OR PRIVATE VEHICLE. HE WAS ADMINISTRATIVELY PAID A PER DIEM ALLOWANCE FOR EACH TRIP, BUT THE AMOUNT OF SUCH ALLOWANCE, IN VIEW OF SECTION 6.9C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, WAS RESTRICTED TO THE INTERVAL OF TIME BETWEEN DEPARTURE FROM AND RETURN TO THE TULSA MUNICIPAL AIRPORT. THUS A QUARTER OF A DAY'S PER DIEM WAS ADMINISTRATIVELY DEDUCTED FROM THE AMOUNT CLAIMED BY MR. CASSILLY FOR EACH TRIP. MR. CASSILLY IS OF THE VIEW, AS THE AIRPORT IS BEYOND THE CITY LIMITS OF TULSA, THAT SECTION 6.9C IS NOT APPLICABLE AND THAT PER DIEM IS PAYABLE FROM THE TIME OF HIS DEPARTURE UNTIL HIS RETURN TO HIS RESIDENCE AT TULSA, THE POINT AT WHICH EACH TRIP COMMENCED AND TERMINATED, SO AS TO ENTITLE HIM TO THE SUM RECLAIMED.

SECTION 6.9C, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, WITH REFERENCE TO THE ALLOWANCE OF SUBSISTENCE EXPENSES, PROVIDES---

"THE TIME OF ARRIVAL AT AND DEPARTURE FROM A PLACE WILL BE CONSIDERED AS THE HOUR AT WHICH THE TRAIN, BOAT, OR OTHER CONVEYANCE USED BY THE TRAVELER ACTUALLY LEAVES OR ARRIVES AT ITS REGULAR TERMINAL.'

THE QUESTION OF THE APPLICABILITY OF SECTION 6.9C TO THE SITUATION OF AN AIR TERMINAL OUTSIDE THE LIMITS OF THE CITY AT WHICH TRAVEL COMMENCES AND TERMINATES WAS RECENTLY CONSIDERED IN A DECISION OF MAY 16, 1957, B- 130574, TO THE SECRETARY OF AGRICULTURE. IN THAT DECISION WE STATED---

"* * * THE PROPOSED (ADMINISTRATIVE) STANDARDS, IN PROVIDING FOR THE COMMENCEMENT OR TERMINATION OF PER DIEM IN LIEU OF SUBSISTENCE OTHER THAN AT THE TIME OF ACTUAL DEPARTURE FROM OR ARRIVAL AT THE TERMINAL OF THE TIME OF ACTUAL DEPARTURE FROM OR ARRIVAL AT THE TERMINAL OF THE COMMON CARRIER SELECTED FOR USE, ARE VIEWED AS IN CONFLICT WITH SECTION 6.9C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WHICH STATES THAT THE TIME OF ARRIVAL AT AND THE DEPARTURE FROM A PLACE WILL BE CONSIDERED AS THE HOUR AT WHICH THE TRAIN, BOAT, OR OTHER CONVEYANCE USED BY THE TRAVELER ACTUALLY LEAVES OR ARRIVES AT ITS REGULAR TERMINAL. SECTION 6.9C APPLIES IRRESPECTIVE OF WHETHER THE TERMINAL IS WITHIN OR OUTSIDE THE HEADQUARTERS OF THE EMPLOYEE.'

CONSEQUENTLY WE ARE OF THE VIEW THAT MR. CASSILLY IS NOT ENTITLED TO THE ADDITIONAL PER DIEM CLAIMED AND THAT THE ADMINISTRATIVE ACTION HEREIN WAS CORRECT.

THE VOUCHER, AND THE ACCOMPANYING PAPERS, FORWARDED WITH YOUR LETTER ARE RETURNED, AND YOU ARE ADVISED THAT THE VOUCHER MAY NOT BE CERTIFIED FOR PAYMENT.