B-164948, OCT. 18, 1968

B-164948, OCT. 18, 1968

TO MISS LINDA J. BALLARD:

WE REFER TO YOUR REQUEST OF MARCH 1, 1968, REFERENCE NPADC-F, FORWARDED HERE BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE UNDER PDTATAC CONTROL NO. 68-28, FOR OUR DECISION ON THE PROPRIETY OF THE PAYMENT OF PER DIEM FOR DEPENDENTS' TRAVEL AND MISCELLANEOUS EXPENSE ALLOWANCE, UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED, AS CLAIMED ON THE VOUCHERS OF RICHARD R. STARZER WHICH YOU ENCLOSED.

TRAVEL ORDER DATED OCTOBER 20, 1966, 97-DE-66, AUTHORIZED THE EARLY RETURN OF THE DEPENDENTS OF RICHARD R. STARZER BY PRIVATELY OWNED AUTOMOBILE FROM ANCHORAGE, ALASKA, TO TULSA, OKLAHOMA, ALTERNATE LOCATION, NOT THE POINT OF HIRE, WHICH WAS INDEPENDENCE, KANSAS, AS BEING IN THE INTEREST OF THE GOVERNMENT. PAYMENT WAS ADMINISTRATIVELY MADE ON A MILEAGE BASIS FOR SUCH TRAVEL IN THE AMOUNT OF $434.16. NO PER DIEM WAS PAID ON ACCOUNT OF SUCH DEPENDENTS' TRAVEL AT THE TIME IT WAS PERFORMED.

MR. STARZER REMAINED IN ALASKA. THE FOREGOING TRAVEL ORDER WAS AMENDED OCTOBER 11, 1967, TRANSFERRING HIM TO TULSA, OKLAHOMA. MR. STARZER DEPARTED ALASKA OCTOBER 13, 1967, AND ARRIVED AT HIS NEW DUTY STATION -- TULSA -- OCTOBER 14, 1967, WHERE HIS FAMILY HAD BEEN RESIDING SINCE NOVEMBER 15, 1966. MR. STARZER WAS ADMINISTRATIVELY AUTHORIZED COMPENSATORY AND ANNUAL LEAVE AND WAS CARRIED ON THE ROLLS OF THE ALASKA DISTRICT FROM OCTOBER 14 THROUGH DECEMBER 23, 1967. HE EXECUTED THE REQUIRED TRANSPORTATION AGREEMENT ON DECEMBER 6, 1967, SHOWING THE DATE OF HIS TRANSFER AS DECEMBER 24, 1967.

SECTION 2.2B, BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, PROVIDES IN PERTINENT PART AS FOLLOWS:

"WHEN AN EMPLOYEE IS TRANSFERRED, AN ALLOWANCE SHALL BE PAID FOR PER DIEM IN LIEU OF SUBSISTENCE EXPENSES INCURRED BY THE EMPLOYEE'S IMMEDIATE FAMILY WHILE TRAVELING BETWEEN THE OLD AND NEW OFFICIAL STATIONS * * *.' IT IS EVIDENT THAT IN NOVEMBER 1966 MR. STARZER WAS NOT TRANSFERRED. ACCORDINGLY, NO BASIS EXISTED UNDER THE ABOVE-QUOTED PROVISION FOR PAYMENT OF PER DIEM ON ACCOUNT OF THE TRAVEL PERFORMED BY THE EMPLOYEE'S IMMEDIATE FAMILY IN NOVEMBER 1966. IN OCTOBER 1967 WHEN MR. STARZER WAS OFFICIALLY TRANSFERRED TO HIS NEW DUTY STATION NO TRAVEL WAS PERFORMED BY THE IMMEDIATE FAMILY MAKING IT UNNECESSARY TO CONSIDER THE ABOVE-QUOTED PROVISION IN THIS REGARD. IN VIEW OF THE FOREGOING THE VOUCHER CLAIMING PER DIEM FOR DEPENDENTS' TRAVEL MAY NOT BE PAID AND IT IS BEING RETAINED IN OUR FILES.

WITH RESPECT TO THE VOUCHER CLAIMING "MISCELLANEOUS EXPENSE ALLOWANCE" WE INVITE ATTENTION TO THE PROVISIONS OF SECTION 3, OF THE CIRCULAR REFERRED TO ABOVE, WHICH GOVERN SUCH ALLOWANCE. SECTION 3.1 OF THE FOREGOING REGULATIONS READS AS FOLLOWS:

"A. THE MISCELLANEOUS EXPENSES ALLOWANCE IS FOR THE PURPOSE OF DEFRAYING VARIOUS CONTINGENT COSTS ASSOCIATED WITH DISCONTINUING RESIDENCE AT ONE LOCATION AND ESTABLISHING RESIDENCE AT A NEW LOCATION IN CONNECTION WITH AN AUTHORIZED OR APPROVED PERMANENT CHANGE OF STATION.' SECTION 3.2 THEREOF PROVIDES, IN PERTINENT PART, THAT:

"A. A MISCELLANEOUS EXPENSE ALLOWANCE SHALL BE PAYABLE TO AN EMPLOYEE FOR WHOM A PERMANENT CHANGE OF STATION IS AUTHORIZED OR APPROVED, REGARDLESS OF WHERE THE OLD OR NEW OFFICIAL STATIONS ARE LOCATED, SUBJECT TO THE FOLLOWING LIMITATIONS AND CONDITIONS AND PROVIDED THE AGREEMENT REQUIRED * * * IS SIGNED.

"/1) ALLOWANCES IN THE FOLLOWING AMOUNTS MAY BE PAID WITHOUT BEING SUPPORTED BY RECEIPTS OR ITEMIZED STATEMENTS INDICATING THE NATURE OF COSTS OR EXPENSES BEING REIMBURSED:

"/A) $100 OR THE EQUIVALENT OF ONE WEEK'S BASIC COMPENSATION, WHICHEVER IS THE LESSER AMOUNT, FOR AN EMPLOYEE WITH-OUR IMMEDIATE FAMILY.

"/B) $200 OR THE EQUIVALENT OF TWO WEEKS' BASIC COMPENSATION, WHICHEVER IS THE LESSER AMOUNT, FOR AN EMPLOYEE WITH IMMEDIATE FAMILY.'

SINCE MR. STARZER UPON OFFICIAL CHANGE OF STATION MERELY JOINED HIS FAMILY AT THE RESIDENCE PREVIOUSLY ESTABLISHED BY THEM HE IS ONLY ENTITLED TO THE MISCELLANEOUS EXPENSE ALLOWANCE OF $100 AS AN EMPLOYEE WITHOUT IMMEDIATE FAMILY. SEE B-162821, MAY 1, 1968, COPY ENCLOSED. THE MISCELLANEOUS EXPENSE VOUCHER IS RETURNED HEREWITH AND IT MAY BE PAID IF THE AMOUNT THEREON IS MODIFIED IN ACCORDANCE WITH THE FOREGOING AND IF OTHERWISE CORRECT.