B-149521, NOV. 2, 1962

B-149521, NOV. 2, 1962

MISS N. K. SCHNYDER, AUTHORIZED CERTIFYING OFFICER, MARITIME ADMINISTRATION:

ON OCTOBER 15, 1962, YOU REQUESTED OUR DECISION CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT A RECLAIM VOUCHER IN FAVOR OF MR. W. H. PATTESON, AN EMPLOYEE OF THE MARITIME ADMINISTRATION, FOR $83.75 REPRESENTING TRANSPORTATION COSTS INCURRED IN TRAVELING BETWEEN HIS TEMPORARY DUTY STATION AND HIS OFFICIAL STATION ON CERTAIN NONWORKDAYS.

IN OUR DECISION OF AUGUST 3, 1962, B-149521, WE CONCLUDED THAT MR. PATTESON'S TRAVEL TO HIS OFFICIAL STATION ON NONWORKDAYS WAS VOLUNTARY AND THAT THE AMOUNT OF REIMBURSEMENT AUTHORIZED INCIDENT TO SUCH ROUND TRIP TRANSPORTATION IS LIMITED TO THE "TRAVEL EXPENSE WHICH WOULD HAVE BEEN ALLOWABLE HAD THE TRAVELER REMAINED AT HIS TEMPORARY DUTY STATION.'

MR. PATTESON WAS REIMBURSED IN ACCORDANCE WITH THAT DECISION BUT NOW CLAIMS THE ADDITIONAL TRANSPORTATION COSTS INCURRED FOR WHICH REIMBURSEMENT WAS NOT AUTHORIZED UNDER THE DECISION. HIS RECLAIM IS PREDICATED UPON THE BASIS THAT THE ROUND TRIP TRAVEL TO HIS OFFICIAL STATION ON NONWORKDAYS WAS ADMINISTRATIVELY REQUIRED SO THAT IT DID NOT CONSTITUTE VOLUNTARY TRAVEL ON HIS PART. IN SUPPORT OF THAT POSITION YOU ENCLOSED WITH YOUR LETTER A MEMORANDUM DATED OCTOBER 9, 1962, FROM THE MANAGER, NUCLEAR PROJECTS, MARITIME ADMINISTRATION, WHICH SAYS, IN PART, THAT "DUE TO THESE WORKING CONDITIONS MR. PATTESON WAS VERBALLY INSTRUCTED BY MR. CHRISTIAN TO ADHERE TO AS MUCH AS POSSIBLE THE SAME SCHEDULES FOR WORKING AND OFF-TIME AS THE CONTRACTOR PERSONNEL WHICH MEANT EITHER MR. PATTESON OR MR. CHRISTIAN WERE REQUIRED TO BE ON CALL AT ALL TIMES. UNDER THESE CONDITIONS, THIS OFFICE FEELS MR. PATTESON WAS ACTING ON DIRECT ORDERS OF HIS SUPERVISOR WHEN HE RETURNED HOME ON THE WEEK ENDS IN QUESTION.'

WE CANNOT AGREE THAT THE ABOVE-RELATED FACTS ESTABLISH THAT MR. PATTESON ADMINISTRATIVELY WAS REQUIRED WITHIN THE PURVIEW OF SECTION 6.4 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS TO RETURN TO HIS OFFICIAL STATION DURING THE NONWORKDAYS IN QUESTION. THE FACT THAT HE MAY HAVE BEEN INSTRUCTED TO ADHERE AS CLOSELY AS POSSIBLE TO THE SAME SCHEDULES FOR WORKING AND OFF-TIME AS THOSE IN EFFECT FOR THE CONTRACTOR'S PERSONNEL, WHILE OPERATING TO FIX THE EMPLOYEE'S WORKING SCHEDULE, CERTAINLY CANNOT BE SAID TO BE A DIRECTIVE TO MR. PATTESON TO RETURN TO HIS OFFICIAL STATION DURING THE PERIODS IN QUESTION. CLEARLY, THERE WAS NO REQUIREMENT THAT MR. PATTESON RETURN TO HIS OFFICIAL STATION AT ANY TIME PRIOR TO COMPLETION OF HIS TEMPORARY DUTY ASSIGNMENT.

AS A RULE WE WILL NOT QUESTION A CLEAR AND DEFINITE ADMINISTRATIVE DETERMINATION UNDER SECTION 6.4 OF THE REGULATIONS BUT UPON THE PRESENT RECORD WE SEE NO PROPER BASIS FOR FINDING THAT MR. PATTESON'S TRAVEL TO HIS OFFICIAL STATION DURING THE PERIODS IN QUESTION WAS OTHER THAN VOLUNTARY. THEREFORE, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.