B-95287, JUNE 9, 1950, 29 COMP. GEN. 493

B-95287, JUNE 9, 1950, 29 COMP. GEN. 493

SUBSISTENCE - PER DIEMS - LEAVES OF ABSENCE DURING TRAVEL STATUS IN VIEW OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PRECLUDING THE PAYMENT OF PER DIEM DURING AN AUTHORIZED LEAVE OF ABSENCE AND OF THE FOREIGN SERVICE REGULATIONS LIMITING PER DIEM TO TIME NECESSARILY SPENT AT PORTS AWAITING SAILING, A FOREIGN SERVICE OFFICER WHO, WHILE IN A LEAVE OF ABSENCE STATUS IN THE UNITED STATES EN ROUTE TO HIS NEW DUTY STATION ABROAD, TRAVELED TO THE PORT OF EMBARKATION PRIOR TO THE VESSEL'S SAILING DATE IS NOT ENTITLED TO PER DIEM FOR SUCH PERIOD OF LEAVE.

ACTING COMPTROLLER GENERAL YATES TO JOSEPH F. WALKER, JUNE 9, 1950:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 30, 1950, REQUESTING REVIEW OF THAT PART OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED JANUARY 27, 1950, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM IN LIEU OF SUBSISTENCE DURING THE PERIOD ( AUGUST 12 TO NOVEMBER 1, 1947) YOU WERE ON OFFICIAL LEAVE OF ABSENCE IN THE UNITED STATES EN ROUTE FROM ALGIERS, ALGERIA, TO MANILA, PHILIPPINE ISLANDS, INCIDENT TO TRANSFER ORDERS NO. 7-8051, DATED APRIL 3, 1947.

THE RECORD SHOWS THAT YOU DEPARTED FROM ALGIERS, ALGERIA, ON AUGUST 1, ARRIVED AT NORFOLK, VIRGINIA, ON AUGUST 12, DEPARTED FROM SAN FRANCISCO, CALIFORNIA, ON THE S.S. ROSEVILLE ON NOVEMBER 2 AND ARRIVED IN MANILA, P.I., ON DECEMBER 1, 1947. IT APPEARS THAT YOU TRAVELED FROM NORFOLK TO NEW YORK, NEW YORK, BY COMMERCIAL AIRCRAFT ON AUGUST 12 13; DEPARTED THEREFROM (VIA AIRCRAFT) FOR CHICAGO ON AUGUST 22; DEPARTED THENCE BY PRIVATELY OWNED AUTOMOBILE ON SEPTEMBER 14, AND ARRIVED AT SAN FRANCISCO ON SEPTEMBER 20, 1947. VOUCHER NO. 1863468 OF THE JUNE 1948 ACCOUNTS OF PAUL D. BANNING, CHIEF DISBURSING OFFICER, SHOWS THAT YOU WERE ALLOWED PER DIEM FOR THE ACTUAL PERIOD OF OCEAN TRAVEL TO AND FROM THE UNITED STATES AND, ALSO, FOR THE TIME NORMALLY REQUIRED FOR OVERLAND TRAVEL FROM NORFOLK TO SAN FRANCISCO VIA CHICAGO. HOWEVER, THE SUM OF $301.49 FOR PER DIEM ALLEGED TO BE DUE BETWEEN AUGUST 12 AND NOVEMBER 1, 1947, WAS SUSPENDED, SINCE YOU WERE CARRIED ON THE ROLLS IN A LEAVE STATUS, AND THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PRECLUDE THE PAYMENT OF PER DIEM FOR ANY PERIOD WHILE AN OFFICER OR EMPLOYEE IS ON AUTHORIZED LEAVE OF ABSENCE. THE ADMINISTRATIVE SUSPENSION READS, IN PART, AS FOLLOWS:

SINCE TRAVEL WAS INTERRUPTED BY TAKING LEAVE, IT IS HELD THAT TRAVEL ARRANGEMENTS SHOULD HAVE BEEN COMPLETED PRIOR TO DEPARTURE FROM CHICAGO. THEREFORE, THE PERIOD SPENT IN SAN FRANCISCO CANNOT BE CONSIDERED AS AWAITING TRANSPORTATION AND IS PROPERLY CHARGEABLE TO LEAVE. * * *

YOUR RECLAIM FOR THE AMOUNT ADMINISTRATIVELY SUSPENDED WAS REFERRED TO THE GENERAL ACCOUNTING OFFICE AND PAYMENT FOR PER DIEM WAS DENIED BY SETTLEMENT DATED JANUARY 27, 1950, FOR THE REASONS THEREIN STATED.

IN YOUR LETTER PROTESTING THE SETTLEMENT YOU STATE THAT WHILE ON LEAVE IN CHICAGO YOU ADDRESSED A LETTER TO THE UNITED STATES DESPATCH AGENT IN SAN FRANCISCO REQUESTING ASSISTANCE IN OBTAINING SURFACE TRANSPORTATION TO MANILA; HOWEVER, YOU ADMIT THAT YOU PROCEEDED TO SAN FRANCISCO WHILE IN A LEAVE STATUS PRIOR TO THE RECEIPT OF INFORMATION DISCLOSING WHEN WATER TRANSPORTATION WOULD BE AVAILABLE FOR YOUR PASSAGE. YOU FURTHER STATE THAT "UPON ARRIVING IN SAN FRANCISCO I WAS INFORMED BY THE DESPATCH AGENT THAT HE HAD REPLIED TO MY REQUEST STATING THAT TRANSPORTATION WOULD NOT BE AVAILABLE FOR AT LEAST ANOTHER MONTH AND THAT HE HAD SUGGESTED IN HIS REPLY THAT I REMAIN IN CHICAGO UNTIL HE COULD NOTIFY ME OF A DEFINITE RESERVATION.' IN THIS CONNECTION YOUR ATTENTION IS INVITED TO FOREIGN SERVICE REGULATIONS ( NOTE 17 (A), DATED AUGUST 1, 1946) WHICH PROVIDE:

* * * PER DIEM IS PAYABLE AT STIPULATED RATES DURING TIME NECESSARILY SPENT AT PORTS AWAITING SAILING. HOWEVER, FOR THOSE IN THE UNITED STATES TO WHOM NEW TRAVEL ORDERS ARE ISSUED AND FOR THOSE WHO TAKE LEAVE IN THE UNITED STATES OR ELSEWHERE, WHILE EN ROUTE, PER DIEM IS PAYABLE NOT TO EXCEED ONE DAY (24 HOURS) AWAITING SAILING AT THE PORT OF EMBARKATION; EXCEPT THAT, IN CASES WHERE A LAND JOURNEY OF OVER 24 HOURS IS NECESSARY TO REACH THE PORT OF EMBARKATION, A MARGIN OF TWO DAYS AT SUCH EMBARKATION PORT, PRIOR TO THE VESSEL'S PUBLISHED DATE OF SAILING, MAY BE PERMITTED, PROVIDED SUFFICIENT EVIDENCE IS SUBMITTED JUSTIFYING THE ADDITIONAL 24 HOURS. IF POSSIBLE, THE TRAVELER SHOULD TIME HIS DEPARTURE FROM HIS RESIDENCE SO THAT NOT MORE THAN 24 HOURS WILL NECESSARILY BE SPENT AT THE PORT.

SEE, ALSO, PARAGRAPH 49 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

IN VIEW OF THE REGULATIONS COUPLED WITH THE FACTS NOW OF RECORD, AND SINCE YOU WERE IN A LEAVE WITH PAY--- NON-TRAVEL--- STATUS DURING THE PERIOD REFERRED TO HEREIN, THERE IS NO LEGAL AUTHORITY FOR PAYMENT OF PER DIEM AS CLAIMED.

ACCORDINGLY, UPON REVIEW, THAT PART OF THE SETTLEMENT OF JANUARY 27, 1950, DISALLOWING YOUR CLAIM FOR PER DIEM, MUST BE, AND IS, SUSTAINED.