B-173224, SEP 13, 1972, 52 COMP GEN 135

B-173224, SEP 13, 1972, 52 COMP GEN 135

SUBSISTENCE - PER DIEM - DELAYS - WEATHER CONDITIONS AN EMPLOYEE ON OFFICIAL BUSINESS WHO BECAUSE OF EXTRAORDINARY WEATHER CONDITIONS - A BLIZZARD - IS PREVENTED FROM RETURNING TO HIS RESIDENCE AFTER THE CONCELLATION OF HIS FLIGHT AND HE AS A RESULT OCCUPIED MOTEL ACCOMMODATIONS UNTIL THE WEATHER MODERATED MAY BE PAID PER DIEM FOR THE PERIOD SPENT IN THE MOTEL BECAUSE THE NEW SUBSECTION 6.6E OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PERMITS PAYMENT UNDER SUCH CIRCUMSTANCES WHEREAS SUBSECTION 6.9C, WHICH IT SUPERSEDES, DID NOT PERMIT PAYMENT OF PER DIEM FOR THE INTERVAL BETWEEN A SCHEDULED AND ACTUAL DEPARTURE FROM A DEPOT, AIRPORT, OR DOCK IF A TRAVELER COULD RETURN HOME WHEN DELAYED. B-173224, AUGUST 30, 1971, OVERRULED.

TO E. S. CRAWFORD, DEFENSE SUPPLY AGENCY, SEPTEMBER 13, 1972:

THIS REFERS TO OUR DECISION TO YOU, B-173224, AUGUST 30, 1971, WHEREIN WE DISALLOWED THE CLAIM OF MR. JOHN V. JOHNSON FOR PER DIEM CLAIMED DURING THE PERIOD FEBRUARY 21-23, 1971.

PURSUANT TO MR. JOHNSON'S REQUEST WE HAVE REVIEWED THE CIRCUMSTANCES UNDER WHICH HIS CLAIM AROSE AND THE APPLICABLE REGULATIONS.

IN OUR AUGUST 30, 1971 DECISION WE DENIED PER DIEM TO MR. JOHNSON FOR THE PERIOD BETWEEN FEBRUARY 21, 1971, AND FEBRUARY 23, 1971, WHICH HE SPENT IN A MOTEL IN THE VICINITY OF THE WICHITA, KANSAS, AIRPORT AS A RESULT OF A BLIZZARD WHICH FORCED CANCELLATION OF A FLIGHT HE INTENDED TO TAKE ON FEBRUARY 21 TO A TEMPORARY DUTY POINT. BECAUSE THE MOTEL WAS LOCATED IN THE AREA OF MR. JOHNSON'S OFFICIAL DUTY STATION WE APPLIED SUBSECTION 6.8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS (SGTR) AND PARAGRAPH C8050-3, JOINT TRAVEL REGULATIONS, VOLUME 2, TO DENY PER DIEM FOR THE PERIOD FOR WHICH IT WAS CLAIMED.

SUBSECTION 6.9C OF SGTR IN EFFECT AT THE TIME OF HIS CLAIM PROVIDED, IN PERTINENT PART, AS FOLLOWS:

C. GENERALLY FOR COMPUTING PER DIEM ALLOWANCES OFFICIAL TRAVEL BEGINS WHEN THE TRAIN, AIRPLANE, BOAT, OR OTHER CONVEYANCE IS SCHEDULED TO DEPART FROM ITS DEPOT, AIRPORT, OR DOCK ***

THAT PROVISION OF SGTR HAS BEEN APPLIED TO ALLOW TRAVELERS WHOSE MODE OF TRANSPORTATION IS DELAYED TO BE PAID PER DIEM FOR THE INTERVAL BETWEEN THE SCHEDULED DEPARTURE TIME AND ACTUAL DEPARTURE OF A FLIGHT. 39 COMP. GEN. 875(1960); B-154646(JULY 23, 1964). HOWEVER, WE HAVE NOT VIEWED IT AS APPLICABLE IN A CASE IN WHICH THE TRAVELER WAS ABLE TO RETURN TO HIS RESIDENCE DURING THE INTERVENING PERIOD. B-166490(APRIL 23, 1969).

IN MR. JOHNSON'S CASE EXTRAORDINARY WEATHER CONDITIONS PREVENTED HIS RETURN TO HIS RESIDENCE AFTER HIS FLIGHT WAS CANCELED AND HE WAS REQUIRED TO INCUR EXPENSES FOR TEMPORARY ACCOMMODATIONS UNTIL THE WEATHER MODERATED. IT COULD BE ARGUED THAT LITERALLY THE REGULATION COVERS MR. JOHNSON'S SITUATION REGARDLESS OF THE FACT THAT HIS TRAVEL MIGHT HAVE BEEN POSTPONED INDEFINITELY. IN THIS CONNECTION WE POINT OUT THAT IN THE REVISION OF SGTR EFFECTIVE OCTOBER 10, 1971, THE FORMER SUBSECTION 6.9C WAS SUPERSEDED BY A NEW SUBSECTION 6.6E UNDER WHICH PAYMENT OF PER DIEM UNDER CIRCUMSTANCES SUCH AS THOSE IN MR. JOHNSON'S CASE WOULD BE PERMITTED.

ACCORDINGLY, WE NOW HOLD THAT MR. JOHNSON'S CLAIM FOR PER DIEM FOR THE PERIOD STATED ABOVE MAY BE ALLOWED IF OTHERWISE CORRECT AND OUR DECISION OF AUGUST 30, 1971, IS HEREBY OVERRULED.