B-174722, JAN 20, 1972

B-174722, JAN 20, 1972

CIVILIAN EMPLOYEE - PER DIEM - TEMPORARY DUTY DECISION ALLOWING PER DIEM FOR MR. BERNARD BODNER INCIDENT TO A TEMPORARY DUTY ASSIGNMENT AS AN EMPLOYEE OF THE PHILADELPHIA REGIONAL OFFICE OF THE OFFICE OF ECONOMIC OPPORTUNITY. SECTION 6.2A, SGTR, PROVIDES THAT AN AGENCY MAY DENY PER DIEM IF TEMPORARY DUTY IS PERFORMED WHERE AN EMPLOYEE MAINTAINS A RESIDENCE. SINCE MR. BODNER DID NOT ESTABLISH RESIDENCE PRIOR TO HIS ASSIGNMENT, NOR DID HE COMMUTE DAILY FROM HIS RESIDENCE TO HIS OFFICIAL STATION, THE VOUCHER MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE PROPER.

TO MR. ROY B. HOGG:

WE REFER TO YOUR LETTER OF DECEMBER 8, 1971, REFERENCE C/FGM, REQUESTING AN ADVANCE DECISION AS TO THE PROPRIETY OF PAYMENT OF A TRAVEL VOUCHER IN THE AMOUNT OF $675 SUBMITTED BY MR. BERNARD BODNER FOR PER DIEM DURING A PERIOD THAT MR. BODNER WAS ON TEMPORARY DUTY IN WASHINGTON, D.C.

MR. BODNER, EMPLOYED BY THE PHILADELPHIA REGIONAL OFFICE OF THE OFFICE OF ECONOMIC OPPORTUNITY, WAS TEMPORARILY ASSIGNED TO HEADQUARTERS DUTY IN WASHINGTON, D.C., BEGINNING APRIL 11, 1971. THAT ASSIGNMENT LASTED THROUGH JUNE 10, 1971, AND THEREAFTER TRAVEL AUTHORIZATIONS FOR THE SAME TEMPORARY DUTY ASSIGNMENT WERE ISSUED FOR PERIODS FROM JUNE 20 TO JUNE 30 AND JULY 1 TO JULY 31, 1971. MR. BODNER WAS REIMBURSED PER DIEM UNTIL JUNE 28 WHEN HE TOOK LEAVE FOR THE PURPOSE OF MOVING HIS FAMILY AND HIS HOUSEHOLD EFFECTS TO THE WASHINGTON AREA. MR. BODNER'S STATEMENT INDICATES THAT WHEN HE RECEIVED THE TEMPORARY ASSIGNMENT HE WAS HOPEFUL OF BECOMING PERMANENTLY ASSIGNED TO A HEADQUARTERS DETAIL AND THAT HE WAS OFFERED A PERMANENT ASSIGNMENT IN THE WASHINGTON OFFICE ON JULY 14, 1971, TO COMMENCE ON AUGUST 1, 1971. HOWEVER, THERE IS NO RECORD THAT WASHINGTON WAS EVER OFFICIALLY DESIGNATED AS MR. BODNER'S PERMANENT DUTY STATION, AND WE NOTE THAT AS OF AUGUST 31 THE TRANSFER HAD NOT BEEN MADE AND THAT MR. BODNER WAS STILL AN EMPLOYEE OF THE PHILADELPHIA OFFICE. YOU HAVE QUESTIONED THE PROPRIETY OF PAYING MR. BODNER PER DIEM FOR THE PERIOD FROM JUNE 30 TO JULY 31 SINCE HE HAD RELINQUISHED HIS RESIDENCE IN PHILADELPHIA AND MOVED HIS FAMILY AND HOUSEHOLD GOODS TO THE WASHINGTON AREA.

WE HAVE HELD THAT UNDER SECTION 6.2A OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AN AGENCY MAY REDUCE OR DENY PER DIEM WHEN TEMPORARY DUTY IS PERFORMED AT A PLACE WHERE THE EMPLOYEE MAINTAINS A RESIDENCE. HOWEVER, IT DOES NOT APPEAR THAT MR. BODNER ESTABLISHED A RESIDENCE IN THE WASHINGTON AREA PRIOR TO THE TIME HE WAS ASSIGNED THERE FOR TEMPORARY DUTY, OR THAT HIS WASHINGTON RESIDENCE WAS THE PLACE OF ABODE FROM WHICH HE COMMUTED DAILY TO HIS OFFICIAL STATION. THE MERE FACT THAT HE RELINQUISHED HIS HOUSE IN THE PHILADELPHIA AREA, HIS OFFICIAL STATION, AND MOVED INTO ONE IN THE WASHINGTON AREA DOES NOT OPERATE TO DIVEST HIM OF HIS ENTITLEMENT TO PER DIEM. B-171420, MARCH 3, 1971. SEE ALSO 35 COMP. GEN. 554 (1956).

THE TRAVEL AUTHORIZATION IN SUPPORT OF THE VOUCHER, AND COVERING THE PERIOD JULY 1 TO JULY 31, 1971, INDICATES THE ESTIMATED PER DIEM ALLOWANCE TO BE $775.

ACCORDINGLY, MR. BODNER'S CLAIM FOR PER DIEM DURING THE MONTH OF JULY IN THE AMOUNT OF $675 APPEARS PROPER FOR PAYMENT. THE VOUCHER AND ENCLOSURES, RETURNED HEREWITH, MAY THEREFORE BE CERTIFIED FOR PAYMENT IF OTHERWISE PROPER.