B-238623, Aug 1, 1990
Highlights
CIVILIAN PERSONNEL - Travel - Temporary duty - Determination CIVILIAN PERSONNEL - Travel - Temporary duty - Per diem - Eligibility DIGEST: Whether an assignment to a particular station is temporary or permanent is a question of fact to be determined from the orders under which the assignment is made. Where his initial assignment was for 120 days. Du Val is entitled to per diem reimbursement for temporary duty because of the overall length of his detail to Washington. France when the Washington detail was to be completed yet never reported there. He was reassigned to a position in Washington. Whether an assignment to a particular station is temporary or permanent is a question of fact to be determined from the orders under which the assignment is made.
B-238623, Aug 1, 1990
CIVILIAN PERSONNEL - Travel - Temporary duty - Determination CIVILIAN PERSONNEL - Travel - Temporary duty - Per diem - Eligibility DIGEST: Whether an assignment to a particular station is temporary or permanent is a question of fact to be determined from the orders under which the assignment is made, the character of the assignment, its duration, and the nature of the duties. Thus, an employee's 18-month assignment meets the criteria for designation as temporary duty, so as to entitle him to reimbursement of per diem, where his initial assignment was for 120 days, with several 120-day extensions, and when he had varying short-term duty assignments of the type normally associated with temporary duty assignments.
Richard A. Du Val:
This responds to a request by an authorized certifying officer of the Department of Energy (DOE) for our decision as to whether two travel vouchers of Mr. Richard A. Du Val, a former Senior Executive Service employee of DOE, may be paid. The vouchers represent a request for per diem and local transportation expenses for an assignment in Washington, D.C., from September 1 to October 31, 1989. Mr. Du Val had been on detail in Washington, D.C., starting April 24, 1988, and his detail had been extended three times. The vouchers in question cover the time period involved in a fourth extension of the detail. The certifying officer questions whether Mr. Du Val is entitled to per diem reimbursement for temporary duty because of the overall length of his detail to Washington, D.C. (approximately 18 months), and the fact that Mr. Du Val received an assignment to Paris, France when the Washington detail was to be completed yet never reported there. Instead, he was reassigned to a position in Washington, D.C.
Whether an assignment to a particular station is temporary or permanent is a question of fact to be determined from the orders under which the assignment is made, the character of the assignment, its duration, and the nature of the duties. Peter F. Dessauer and Richard E. Wells, B-231520, June 2, 1989, 68 Comp.Gen. 454; Edward W. DePiazza, B-234262, June 2, 1989, 68 Comp.Gen. 465.
Mr. Du Val's assignment meets the criteria for designation as temporary duty. His initial assignment to Washington, D.C., was for 120 days, with several 120-day extensions, and he had varying short term assignments of the type normally associated with temporary duty. This Office has allowed per diem reimbursement under similar circumstances where several short- term extensions were granted. Robert E. Larrabee, 57 Comp.Gen. 147 (1977). The fact that Mr. Du Val was ultimately permanently assigned to Washington does not change our determination.
Accordingly, Mr. Du Val's claim for reimbursement may be allowed if otherwise correct.