B-119818, JUL 17, 1954

B-119818: Jul 17, 1954

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AUTHORIZED CERTIFYING OFFICER: THE RENEGOTIATION BOARD REFERENCE IS MADE TO YOUR LETTER OF APRIL 22. THE EMPLOYEE WAS ENTITLED TO A $9 PER DIEM IN LIEU OF SUBSISTENCE EXPENSES. PARAGRAPH 44 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES THAT THE PER DIEM SUBSISTENCE ALLOWANCE "WILL BE HELD TO INCLUDE ALL CHARGES FOR MEALS. LODGINGS *** TRANSPORTATION BETWEEN PLACES OF LODGINGS OR WHERE MEALS ARE TAKEN AND PLACES OF DUTY.". ALSO FOR CONSIDERATION ARE THE PROVISIONS OF PARAGRAPH 8B OF THE REGULATIONS. THAT PARAGRAPH PROVIDES AS FOLLOWS: "WHERE THE NATURE AND LOCATION OF THE WORK WHERE TEMPORARILY STATIONED ARE SUCH THAT SUITABLE MEALS AND LODGINGS CANNOT BE PROCURED THERE. THE EXPENSE OF DAILY TRAVEL REQUIRED TO PROCURE SUBSISTENCE AT THE NEAREST AVAILABLE PLACE WILL BE CONSIDERED AS NECESSARY TRANSPORTATION NOT INCIDENTAL TO SUBSISTENCE.

B-119818, JUL 17, 1954

PRECIS-UNAVAILABLE

MR. CHARLES M. COURTNEY, AUTHORIZED CERTIFYING OFFICER:

THE RENEGOTIATION BOARD

REFERENCE IS MADE TO YOUR LETTER OF APRIL 22, 1954, REQUESTING A DECISION UPON THE PROPRIETY OF CERTIFYING FOR PAYMENT A TRANSMITTED VOUCHER IN FAVOR OF MR. JOHN S. MAJOR, AN EMPLOYEE OF THE CHICAGO REGIONAL RENEGOTIATION BOARD.

THE VOUCHER REPRESENTS A RECLAIM BY THE EMPLOYEE OF ADMINISTRATIVELY DISALLOWED EXPENSES, IN THE AMOUNT OF $14.75, FOR THE USE OF TAXICABS BETWEEN HOTEL AND DUTY STATION WHILE IN TRAVEL STATUS FROM FEBRUARY 28 TO MARCH 5, 1954. FOR THE PERIOD OF THE TRAVEL, COVERED BY ORDERS DATED FEBRUARY 25, 1954, ISSUED PURSUANT TO THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, THE EMPLOYEE WAS ENTITLED TO A $9 PER DIEM IN LIEU OF SUBSISTENCE EXPENSES.

PARAGRAPH 44 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES THAT THE PER DIEM SUBSISTENCE ALLOWANCE "WILL BE HELD TO INCLUDE ALL CHARGES FOR MEALS; LODGINGS *** TRANSPORTATION BETWEEN PLACES OF LODGINGS OR WHERE MEALS ARE TAKEN AND PLACES OF DUTY." ALSO FOR CONSIDERATION ARE THE PROVISIONS OF PARAGRAPH 8B OF THE REGULATIONS. THAT PARAGRAPH PROVIDES AS FOLLOWS:

"WHERE THE NATURE AND LOCATION OF THE WORK WHERE TEMPORARILY STATIONED ARE SUCH THAT SUITABLE MEALS AND LODGINGS CANNOT BE PROCURED THERE, THE EXPENSE OF DAILY TRAVEL REQUIRED TO PROCURE SUBSISTENCE AT THE NEAREST AVAILABLE PLACE WILL BE CONSIDERED AS NECESSARY TRANSPORTATION NOT INCIDENTAL TO SUBSISTENCE. A STATEMENT OF THE NECESSITY FOR SUCH DAILY TRAVEL SHOULD ACCOMPANY THE TRAVEL VOUCHER."

IT WOULD THUS APPEAR THAT UNLESS THE TRANSPORTATION BETWEEN HOTEL AND TEMPORARY DUTY STATION INVOLVES A SITUATION COVERED BY PARAGRAPH 8B, THE PROVISIONS OF PARAGRAPH 44 ARE CONTROLLING.

THE EMPLOYEE MERELY ALLEGES IN SUPPORT OF HIS CLAIM FOR REIMBURSEMENT OF TAXICAB FARES BETWEEN HOTEL AND DUTY STATION THAT NO OTHER TRANSPORTATION WAS AVAILABLE. NO FACTUAL INFORMATION HAS BEEN FURNISHED SHOWING THAT SUITABLE LODGINGS COULD NOT HAVE BEEN PROCURED AT OR NEAR THE PLACE OF TEMPORARY DUTY, SO AS TO BRING THE EXPENSES HERE INVOLVED WITHIN THE PURVIEW OF PARAGRAPH 8B, ABOVE. SEE 31 COMP.GEN. 208, 32 ID. 137. CONSEQUENTLY, UNDER THE PROVISIONS OF PARAGRAPH 44, THE EXPENSES INCURRED ARE HELD TO BE INCLUDED IN THE PER DIEM SUBSISTENCE ALLOWANCE RECEIVED AND ARE NOT FOR REIMBURSEMENT AS ITEMS OF TRANSPORTATION.

ACCORDINGLY, YOU ARE ADVISED THAT, UPON THE PRESENT RECORD, THE RECLAIM VOUCHER SUBMITTED MAY NOT BE CERTIFIED FOR PAYMENT.

THE VOUCHER AND THE ACCOMPANYING DOCUMENTS ARE RETURNED.

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