B-175031, APR 4, 1972

B-175031, APR 4, 1972

CIVILIAN EMPLOYEE - PERMANENT CHANGE-OF-STATION - PER DIEM - ENTITLEMENT CONCERNING THE ENTITLEMENT OF NORMAN E. GUIDABONI TO PER DIEM FOR ALLEGED TEMPORARY DUTY AS AN EMPLOYEE OF THE CONSUMER AND MARKETING SERVICE, DEPARTMENT OF AGRICULTURE. AN EMPLOYEE'S OFFICIAL STATION MUST BE DETERMINED FROM PARTICULAR FACTS AND IS NOT LIMITED BY ADMINISTRATIVE DESIGNATION. 32 COMP. GEN. 87 (1952). THE FACTS AND CIRCUMSTANCES IN MR. GUIDABONI'S CASE INDICATE THAT NEW YORK CANNOT BE CONSIDERED HIS OFFICIAL STATION FOR PURPOSES OF PER DIEM ENTITLEMENT, EVEN THOUGH HE HAD RECEIVED PRIOR NOTIFICATION OF A CHANGE-OF-STATION. ACCORDINGLY, ALTHOUGH HE WAS PROPERLY REIMBURSED FOR TEMPORARY DUTY PERFORMED IN NEW YORK AFTER RECEIVING THE OFFICIAL ASSIGNMENT, HIS PRESENT CLAIM IS WITHOUT MERIT AND MUST BE DENIED.

TO MR. J. A. ALEXANDER:

WE REFER TO YOUR LETTER OF JANUARY 21, 1972, WITH ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO WHETHER CERTAIN TRAVEL VOUCHERS SUBMITTED BY MR. NORMAN E. GUIDABONI, AN EMPLOYEE OF THE CONSUMER AND MARKETING SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE, MAY BE CERTIFIED FOR PAYMENT. YOUR ATTACHMENTS INCLUDE UNPAID TRAVEL VOUCHERS FOR PER DIEM CLAIMED BY MR. GUIDABONI DURING THE PAST YEAR, AND ALSO CORRESPONDENCE BETWEEN MR. GUIDABONI AND VARIOUS OFFICIALS WITHIN YOUR AGENCY REGARDING HIS CLAIM.

THE RECORD INDICATES THAT MR. GUIDABONI WAS OFFICIALLY STATIONED IN BOSTON, MASSACHUSETTS, AND MAINTAINED HIS RESIDENCE IN KINGSTON, MASSACHUSETTS, WHEN HE WAS DETAILED TO TEMPORARY DUTY IN THE NEW YORK CITY AREA IN JANUARY 1971. IT APPEARS THAT IN FEBRUARY 1971, WHILE IN A TRAVEL STATUS IN NEW YORK, MR. GUIDABONI WAS NOTIFIED ORALLY BY HIS REGIONAL DIRECTOR, WHO HAS THE AUTHORITY TO ORDER SUCH TRANSFERS, THAT HE WAS BEING GIVEN A PERMANENT CHANGE OF STATION TO NEW YORK. A PERSONNEL ACTION IS REPORTED TO HAVE BEEN PROCESSED TO THAT EFFECT SHOWING AN EFFECTIVE TRANSFER DATE OF FEBRUARY 21, 1971, WHICH DATE WAS LATER EXTENDED BY WRITTEN MEMORANDUM UNTIL MARCH 7, 1971, IN ORDER TO ALLOW MR. GUIDABONI TIME TO MOVE. IT IS INDICATED THAT MR. GUIDABONI REMAINED ON DUTY IN NEW YORK CITY THROUGH THE CLOSE OF BUSINESS ON FRIDAY, MARCH 5, 1971, WHEN HE LEFT NEW YORK AND RETURNED TO HIS HOME. HE WAS PAID PER DIEM IN LIEU OF SUBSISTENCE THROUGH THAT DATE.

MR. GUIDABONI DID NOT REPORT FOR DUTY IN NEW YORK ON MONDAY, MARCH 8, 1971, AND HE WAS SUBSEQUENTLY PLACED ON ANNUAL LEAVE FROM MARCH 8 THROUGH MARCH 26, 1971. THEN, AT THE REQUEST OF THE U.S. ATTORNEY, HE WAS DETAILED TO WORK OUT OF HIS HOME IN KINGSTON FROM MARCH 29 UNTIL JUNE 26, 1971, IN ORDER TO BE AVAILABLE FOR A GRAND JURY INVESTIGATION IN BOSTON. SINCE JUNE 27, 1971, MR. GUIDABONI HAS BEEN ASSIGNED TO WORK IN AND AROUND BOSTON, PRIMARILY IN THE WORCESTER, MASSACHUSETTS, AREA. MR. GUIDABONI IS CLAIMING PER DIEM ON THE BASIS THAT NEW YORK CITY IS HIS OFFICIAL DUTY STATION AND THAT SINCE HE HAS BEEN DETAILED BACK TO THE BOSTON AREA HE SHOULD BE CONSIDERED AS BEING IN A TRAVEL STATUS AWAY FROM HIS OFFICIAL STATION AND THUS ENTITLED TO PER DIEM.

IN CONNECTION WITH THE FOREGOING, YOU ASK THE FOLLOWING QUESTIONS:

"1. WAS MR. GUIDABONI EVER TRANSFERRED TO NEW YORK CITY?

"2. IF SO, DID HIS DUTY STATION EVER REVERT BACK TO MASSACHUSETTS, EITHER BOSTON, OR WORCESTER?

"3. WAS MR. GUIDABONI ENTITLED TO ANY PER DIEM IN NEW YORK CITY AFTER BEING INFORMED IN FEBRUARY 1971 OF HIS TRANSFER BY THE REGIONAL DIRECTOR?

"4. WAS MR. GUIDABONI ENTITLED TO PER DIEM (AT A REDUCED RATE) AFTER RETURNING TO HIS HOME ON MARCH 5, 1971?"

THE OFFICIAL STATION OF AN EMPLOYEE IS A QUESTION OF FACT AND IS NOT LIMITED BY THE ADMINISTRATIVE DESIGNATION. IT CONSISTENTLY HAS BEEN HELD BY OUR OFFICE THAT AN EMPLOYEE'S OFFICIAL DUTY STATION IS THE PLACE AT WHICH HE PERFORMS THE MAJOR PART OF HIS DUTIES AND IS EXPECTED TO SPEND THE GREATER PART OF HIS TIME. 32 COMP. GEN. 87 (1952); 31 ID. 289 (1952). IT IS ALSO A GENERAL RULE THAT AN EMPLOYEE'S RIGHT TO PER DIEM TERMINATES ON THE DATE HE IS NOTIFIED, EITHER ORALLY OR IN WRITING, THAT THE STATION AT WHICH HE IS PERFORMING TEMPORARY DUTY IS TO BECOME HIS PERMANENT DUTY STATION. 24 COMP. GEN. 593 (1945).

IN MR. GUIDABONI'S CASE, IT IS INDICATED THAT, ALTHOUGH HE WAS NOTIFIED ORALLY IN FEBRUARY THAT NEW YORK (WHERE HE WAS ON TEMPORARY DUTY) WAS TO BECOME HIS PERMANENT DUTY STATION, HE WAS ADVISED BY MEMORANDUM OF FEBRUARY 3, 1971, THAT HIS TRANSFER WAS TO BE EFFECTIVE ON MARCH 7, 1971, AND HE CONTINUED TO DRAW PER DIEM THROUGH MARCH 5, 1971. FURTHER, THERE IS NO INDICATION THAT HE MADE ANY ATTEMPT TO MOVE HIS FAMILY OR HIS RESIDENCE TO THE NEW YORK CITY AREA, AND IT IS SHOWN THAT HE FAILED TO REPORT FOR DUTY ON THE DAY THAT HIS TRANSFER WAS TO BECOME EFFECTIVE.

MR. GUIDABONI CLAIMED AND WAS PAID PER DIEM WHILE ON TEMPORARY DUTY IN NEW YORK THROUGH MARCH 5, 1971. SUCH ACTION INDICATES THAT HE CONSIDERED BOSTON HIS OFFICIAL STATION THROUGH THAT DATE. MR. GUIDABONI DID NOT REPORT TO NEW YORK THEREAFTER AND HAS BEEN ASSIGNED TO DUTY IN THE BOSTON AREA AND HAS CONTINUED TO PERFORM HIS DUTIES THERE FROM THE TIME HE COMPLETED HIS ANNUAL LEAVE STATUS ON MARCH 26, 1971. THESE ACTIONS INDICATE THAT, ALTHOUGH NEW YORK CITY MAY HAVE BEEN ADMINISTRATIVELY DESIGNATED AND REFERRED TO AS HIS OFFICIAL DUTY STATION ON PAPER, BOTH MR. GUIDABONI AND HIS AGENCY CONSIDERED BOSTON TO BE HIS OFFICIAL STATION IN FACT. THEREFORE, WE MUST CONCLUDE THAT AT NO TIME DID NEW YORK CITY BECOME MR. GUIDABONI'S OFFICIAL DUTY STATION FOR PER DIEM PAYMENT PURPOSES AND HE IS, THEREFORE, NOT ENTITLED TO PER DIEM AT A REDUCED RATE SINCE RETURNING TO THE BOSTON AREA ON MARCH 5, 1971. IN THAT REGARD, HOWEVER, UNDER THESE CIRCUMSTANCES HE WAS ENTITLED TO THE PER DIEM PAID HIM THROUGH MARCH 5, 1971, EVEN THOUGH HE WAS NOTIFIED IN FEBRUARY THAT NEW YORK WAS TO BECOME HIS OFFICIAL STATION.

THE QUESTIONS PRESENTED ARE ANSWERED ACCORDINGLY AND THE TRAVEL VOUCHERS, WHICH ARE RETURNED, SHOULD BE HANDLED THEREWITH.