B-184496, NOV 9, 1976

B-184496: Nov 9, 1976

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TRAVEL WAS FOR PERSONAL REASONS. THERE IS NO AUTHORITY UNDER APPLICABLE STATUTES AND REGULATIONS AUTHORIZING REIMBURSEMENT FOR PERSONAL TRAVEL. WHOSE DUTY STATION WAS NEW YORK CITY. WAS ON TEMPORARY DUTY ASSIGNMENT IN SAN FRANCISCO. THE CLAIM IN QUESTION IS FOR THE COST OF HIS ROUND-TRIP AIR TRANSPORTATION BETWEEN SAN FRANCISCO AND NEW YORK CITY TO ATTEND THE FUNERAL. THERE IS NO AUTHORITY UNDER APPLICABLE STATUTES OR REGULATIONS TO REIMBURSE MR. AS THE TRAVEL WAS FOR PERSONAL REASONS. THAT ROUND-TRIP TRAVEL FROM A TEMPORARY DUTY STATION TO A PERMANENT DUTY STATION RESULTING FROM THE DEATH OR ILLNESS OF A FAMILY MEMBER WAS PERSONAL TRAVEL AND NOT COMPENSABLE UNDER STATUTES AND REGULATIONS AUTHORIZING TRAVEL EXPENSES FOR FEDERAL EMPLOYEES.

B-184496, NOV 9, 1976

EMPLOYEE OF SECURITIES AND EXCHANGE COMMISSION ON TEMPORARY DUTY ASSIGNMENT IN SAN FRANCISCO, CALIFORNIA, MAY NOT BE REIMBURSED FOR COST OF ROUND-TRIP AIR TRANSPORTATION TO NEW YORK CITY TO ATTEND FUNERAL OF GRANDMOTHER. TRAVEL WAS FOR PERSONAL REASONS, AND THERE IS NO AUTHORITY UNDER APPLICABLE STATUTES AND REGULATIONS AUTHORIZING REIMBURSEMENT FOR PERSONAL TRAVEL.

MARK N. JACOBS - TRAVEL EXPENSES INCURRED DUE TO DEATH IN EMPLOYEE'S FAMILY:

MR. LAWRENCE H. HAYNES, AN AUTHORIZED CERTIFYING OFFICER OF THE SECURITIES AND EXCHANGE COMMISSION, BY LETTER DATED JULY 3, 1975, REQUESTED AN ADVANCE DECISION AS TO THE PROPRIETY OF PAYING A TRAVEL VOUCHER IN FAVOR OF MARK N. JACOBS, AN ATTORNEY EMPLOYED BY THE SECURITIES AND EXCHANGE COMMISSION

THE RECORD SHOWS THAT MR. JACOBS, WHOSE DUTY STATION WAS NEW YORK CITY, NEW YORK, WAS ON TEMPORARY DUTY ASSIGNMENT IN SAN FRANCISCO, CALIFORNIA, TO REPRESENT THE AGENCY AT A TRIAL. DURING THE TEMPORARY DUTY ASSIGNMENT IN SAN FRANCISCO, MR. JACOBS RETURNED TO NEW YORK CITY TO ATTEND THE FUNERAL OF HIS GRANDMOTHER. AFTER THE FUNERAL, HE RETURNED TO SAN FRANCISCO TO COMPLETE HIS ASSIGNMENT. THE CLAIM IN QUESTION IS FOR THE COST OF HIS ROUND-TRIP AIR TRANSPORTATION BETWEEN SAN FRANCISCO AND NEW YORK CITY TO ATTEND THE FUNERAL.

THERE IS NO AUTHORITY UNDER APPLICABLE STATUTES OR REGULATIONS TO REIMBURSE MR. JACOBS FOR THE COST OF EITHER PART OF HIS ROUND-TRIP AIR TRAVEL BETWEEN SAN FRANCISCO AND NEW YORK CITY, AS THE TRAVEL WAS FOR PERSONAL REASONS. IN THIS CONNECTION WE HELD IN A CASE SIMILAR TO THE PRESENT ONE, 45 COMP.GEN. 299 (1965), THAT ROUND-TRIP TRAVEL FROM A TEMPORARY DUTY STATION TO A PERMANENT DUTY STATION RESULTING FROM THE DEATH OR ILLNESS OF A FAMILY MEMBER WAS PERSONAL TRAVEL AND NOT COMPENSABLE UNDER STATUTES AND REGULATIONS AUTHORIZING TRAVEL EXPENSES FOR FEDERAL EMPLOYEES. SEE 47 COMP.GEN. 59 (1967).

ACCORDINGLY, MR. JACOBS MAY NOT BE REIMBURSED FOR THE COST OF ROUND TRIP AIR TRAVEL TO ATTEND THE FUNERAL IN NEW YORK. THE TRAVEL VOUCHER OF MR. JACOBS IS RETURNED HEREWITH FOR HANDLING IN ACCORDANCE WITH THIS DECISION.