B-132700, DEC 15, 1958

B-132700, DEC 15, 1958

PRECIS-UNAVAILABLE

JUSTIN M. SMITH:

YOUR LETTER OF OCTOBER 21, 1958, WITH ENCLOSURES, REQUESTS RECONSIDERATION OF OUR SETTLEMENT DATED OCTOBER 14, 1958, WHICH DISALLOWED YOUR CLAIM FOR $156.64, REPRESENTING TRAVEL OF 1,958 MILES AT $0.08 PER MILE BETWEEN YOUR RESIDENCE AT WEST POINT, UTAH, AND YOUR PERMANENT DUTY STATION AT DELTA, UTAH, AND $237.50, FOR 23 3/4 DAYS PER DIEM AT $10 PER DAY WHILE AT YOUR DUTY STATION DURING THE PERIOD FROM JUNE 27, 1957, TO AUGUST 2, 1957.

IT APPEARS FROM THE EVIDENCE OF RECORD THAT AFTER CHARGES AND A DECISION BY THE SECRETARY OF AGRICULTURE YOU WERE REMOVED FROM YOUR POSITION AS SOIL CONSERVATIONIST, SOIL CONSERVATION SERVICE, GRADE GS 7, AT $5,335 PER ANNUM, EFFECTIVE MARCH 2, 1956. UPON APPEAL, THE CIVIL SERVICE COMMISSION RECOMMENDED THAT YOU BE RESTORED TO DUTY RETROACTIVELY TO THE DATE OF YOUR REMOVAL. UPON YOUR RESTORATION YOU WERE ADMINISTRATIVELY DIRECTED TO REPORT FOR DUTY ON JUNE 27, 1957, AT DELTA, UTAH, WHICH PLACE APPARENTLY HAD BEEN YOUR HEADQUARTERS PRIOR TO YOUR ERRONEOUS SEPARATION FROM THE SERVICE. THE RECORD SUSTAINS THE VIEW THAT DELTA AND NOT WEST POINT REMAINED YOUR HEADQUARTERS UNTIL SUCH TIME AS YOU WERE TRANSFERRED BY PROPER ORDERS TO NORTH DAKOTA. THESE ARE THE MATERIAL FACTS ON WHICH YOUR CLAIM MUST BE CONSIDERED UNDER EXISTING LAW. THE FACT THAT YOU FOUND IT NECESSARY TO MOVE TO WEST POINT IN ORDER TO OBTAIN WORK DURING THE PERIOD OF YOUR SEPARATION AND, AFTER YOUR RESTORATION TO DUTY AT DELTA, DECIDED TO COMMUTE TO DELTA CAN HAVE NO BEARING ON YOUR CASE.

YOU WORKED AT DELTA APPROXIMATELY ONE MONTH BEFORE BEING TRANSFERRED TO NORTH DAKOTA AND YOU NOW CLAIM PER DIEM AT THE RATE OF $10 PER DAY FOR 23 3/4 DAYS DUTY AT YOUR HEADQUARTERS AND FOR COMMUTING BETWEEN DELTA AND WEST POINT, MILEAGE FOR 1,958 MILES AT $0.08 PER MILE.

THE BASIC AUTHORITY FOR REIMBURSEMENT FOR TRAVELING EXPENSES OF OFFICERS AND EMPLOYEES ON OFFICIAL BUSINESS IS CONTAINED IN THE TRAVEL EXPENSE ACT OF 1949, AS AMENDED, 5 U.S.C. 835-842, THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND THE REGULATIONS OF THE DEPARTMENT OR AGENCY CONCERNED. SECTION 1.2 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS LIMITS REIMBURSEMENT OF TRAVELING EXPENSES TO TRAVEL PERFORMED ON OFFICIAL BUSINESS. SECTION 2.1 OF THE REGULATIONS PERTAINS TO THE AUTHORITY FOR TRAVEL AND PROVIDES THAT, EXCEPT AS OTHERWISE PROVIDED BY LAW, ALL TRAVEL SHALL BE EITHER AUTHORIZED OR APPROVED BY THE HEAD OF THE AGENCY OR BY AN OFFICIAL TO WHOM SUCH AUTHORITY HAS BEEN PROPERLY DELEGATED. YOUR TRAVEL WAS NOT SO AUTHORIZED OR APPROVED. SECTION 6.8 OF THE REGULATIONS PROVIDES THAT PER DIEM IN LIEU OF SUBSISTENCE WILL NOT BE ALLOWED AN EMPLOYEE AT HIS PERMANENT DUTY STATION OR AT HIS PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION. IT IS A RULE OF LONG STANDING THAT AN EMPLOYEE MUST BEAR THE COST OF TRANSPORTATION FROM HIS RESIDENCE TO HIS PLACE OF DUTY AT HIS OFFICIAL DUTY STATION, IRRESPECTIVE OF WHETHER HIS RESIDENCE IS LOCATED WITHIN OR OUTSIDE THE CORPORATE LIMITS OF HIS HEADQUARTERS. 19 COMP. GEN. 836.

THEREFORE, THE SETTLEMENT OF OCTOBER 14, 1958, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM AND MILEAGE IS CORRECT AND MUST BE SUSTAINED.

THE OTHER MATTERS RELATED IN YOUR LETTER HAVE NO BEARING ON THIS DECISION AND ARE NOT SUCH AS WOULD COME WITHIN THE JURISDICTION OF OUR OFFICE.