B-176956, DEC 14, 1972

B-176956, DEC 14, 1972

CIVILIAN EMPLOYEE - TRAVEL REIMBURSEMENT - PER DIEM IN LIEU OF SUBSISTENCE DECISION ALLOWING THE CERTIFICATION FOR PAYMENT OF A VOUCHER IN THE AMOUNT OF $261.25 TO ROSS A. WRITER FOR PER DIEM IN LIEU OF SUBSISTENCE INCIDENT TO A CHANGE OF STATION. A CLAIM FOR ADDITIONAL PER DIEM AFTER REIMBURSEMENT OF THE COMMUTED RATE FOR TRANSPORTATION OF HOUSEHOLD GOODS, BECAUSE OF DELAYS ENROUTE, INVOLVING VANDALISM TO THE FAMILY PASSENGER VEHICLE AND PERSONAL INJURY, IS NOT PROVIDED FOR IN OMB CIRCULAR NO. A-56. HOWEVER, ADDITIONAL PER DIEM WILL BE ALLOWED UNDER SECTION 6.5B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WHICH PERMITS REIMBURSEMENT FOR LEAVE TAKEN BECAUSE OF SICKNESS OR INJURY.

TO MR. W. P. HELMER:

REFERENCE IS MADE TO YOUR LETTER OF JULY 12, 1972, WITH ENCLOSURES, REFERENCE 6540, REQUESTING OUR DECISION WHETHER YOU MAY CERTIFY THE ENCLOSED VOUCHER IN THE AMOUNT OF $261.25 AS RECLAIMED BY MR. ROSS A. WRITER REPRESENTING PER DIEM IN LIEU OF SUBSISTENCE INCIDENT TO A CHANGE OF STATION.

INCIDENT TO A TRANSFER OF STATION FROM WEST CHESTER, PENNSYLVANIA, TO SAN FRANCISCO, CALIFORNIA, MR. WRITER TRANSPORTED HIS HOUSEHOLD EFFECTS BY A RENTED TRUCK AND APPARENTLY HIS IMMEDIATE FAMILY FOLLOWED IN A PRIVATELY OWNED AUTOMOBILE. MR. WRITER HAS BEEN REIMBURSED THE COMMUTED RATE FOR THE TRANSPORTATION OF HIS HOUSEHOLD GOODS IN ACCORDANCE WITH SECTION 6.3 OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56. HE IS NOT QUESTIONING REIMBURSEMENT OF THE COMMUTED RATE FOR THE TRANSPORTATION OF THE HOUSEHOLD GOODS BUT IS CLAIMING ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE FOR HIMSELF AND IMMEDIATE FAMILY BECAUSE OF CERTAIN DELAYS EN ROUTE, ONE OF WHICH INVOLVED VANDALISM, NAMELY, A WINDSHIELD BEING KNOCKED OUT OF THE PASSENGER VEHICLE CARRYING HIS IMMEDIATE FAMILY, AND THE LOSS OF ONE DAY DUE TO AN INJURY. APPARENTLY THE WIFE DRIVING THE PASSENGER VEHICLE SLOWED HER TRAVEL TO THAT OF THE TRUCK BEING DRIVEN BY THE HUSBAND WHICH ALSO CONTRIBUTED TO THE DELAY.

TRAVEL AUTHORIZATION DATED AUGUST 5, 1971, AUTHORIZING THE TRAVEL IN QUESTION CONTAINED THE FOLLOWING STATEMENT:

"TRAVEL TIME WILL BE ALLOWED WITHOUT CHARGE TO LEAVE BASED ON REASONABLE DRIVING TIME, THAT IS, FROM 300 TO 400 MILES PER DAY, GIVING CONSIDERATION TO INFLUENCING FACTORS, SUCH AS GEOGRAPHIC TERRAIN, WEATHER AND SEASON. LEAVE (ANNUAL, OR WITHOUT PAY AS APPROPRIATE) WILL BE CHARGED FOR EXCESS TRAVEL TIME."

SECTION 2.3D(2) OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, REVISED AUGUST 17, 1971, PROVIDES AS FOLLOWS:

"MAXIMUM ALLOWANCES BASED ON TOTAL DISTANCE. PER DIEM ALLOWANCES WILL BE PAID ON THE BASIS OF THE ACTUAL TIME USED TO COMPLETE THE TRIP BUT SUCH ALLOWANCES MAY NOT EXCEED AN AMOUNT COMPUTED ON THE BASIS OF A MINIMUM DRIVING DISTANCE PER DAY WHICH IS PRESCRIBED AS REASONABLE BY THE AUTHORIZING OFFICIAL AND IS NOT LESS THAN AN AVERAGE OF 300 MILES PER CALENDAR DAY."

THE ABOVE REGULATION FAILS TO CONTAIN ANY PROVISION WHICH WOULD PERMIT PAYMENT OF AN INCREASED ALLOWANCE BECAUSE OF EXTENUATING CIRCUMSTANCES, SUCH AS PRESENTED IN THIS CASE. HOWEVER, WE NOTE THAT SECTION 6.5B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS DOES PERMIT THE CONTINUATION OF PER DIEM TO A TRAVELER WHO TAKES LEAVE OF ABSENCE OF ANY KIND BECAUSE OF SICKNESS OR INJURY. WE ASSUME MR. WRITER WOULD HAVE BEEN ENTITLED TO SICK LEAVE FOR THE ONE DAY HE INDICATES THAT HE WAS DELAYED BECAUSE OF A CUT ON HIS HAND REQUIRING EMERGENCY TREATMENT INCLUDING SEVERAL STITCHES. VIEW THEREOF, WE WOULD NOT OBJECT TO THE ALLOWANCE OF ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE TO THE EXTENT OF ONE DAY.

ACCORDINGLY, THE VOUCHER IS RETURNED HEREWITH FOR HANDLING IN ACCORDANCE WITH THE ABOVE.