B-146564, AUG. 30, 1961

B-146564, AUG. 30, 1961

TO MR. WILLIAM LINES:

ON JUNE 25, 1961, YOU REQUESTED REVIEW OF OUR SETTLEMENT OF MAY 24, 1961, WHICH DISALLOWED YOUR CLAIM FOR ONE DAY'S PER DIEM UPON RETURN TO YOUR PERMANENT DUTY STATION AT HOLTON, KANSAS, AS AN EMPLOYEE OF THE RURAL ELECTRIFICATION ADMINISTRATION OF THE DEPARTMENT OF AGRICULTURE.

THE RECORD SHOWS THAT UPON COMPLETION OF DUTIES AT NORTON, KANSAS, ON APRIL 14, 1960, YOU RETURNED TO YOUR PERMANENT DUTY STATION AT HOLTON, KANSAS, FOR THE PURPOSE OF UNDERGOING A MINOR OPERATION FOR WHICH PREVIOUS ARRANGEMENTS HAD BEEN MADE. YOU REMAINED AT YOUR HEADQUARTERS ON FRIDAY, APRIL 15, IN A SICK LEAVE STATUS AND ALSO ON APRIL 16 AND APRIL 17 WHICH WERE NONWORKDAYS. ON MONDAY, APRIL 18, YOU TRAVELED BY PRIVATELY OWNED AUTOMOBILE TO SIDNEY, NEBRASKA, TO PERFORM TEMPORARY DUTY AT THAT LOCATION.

YOUR ORIGINAL CLAIM FOR MILEAGE FROM NORTON TO HOLTON AND FROM HOLTON TO SIDNEY TOGETHER WITH PER DIEM FOR APRIL 14 AND THREE QUARTERS DAY PER DIEM ON APRIL 18 AMOUNTING TO $70 WAS REDUCED BY AN ADMINISTRATIVE PAYMENT OF $29.33. THIS PAYMENT CONSISTED OF $7.50 FOR THREE-QUARTERS DAY PER DIEM ON APRIL 14, $5 FOR ONE-HALF DAY PER DIEM ON APRIL 18, AND $16.73 FOR MILEAGE FROM NORTON TO SIDNEY. YOUR RECLAIM OF $37.50 WAS TRANSMITTED TO THE GENERAL ACCOUNTING OFFICE FOR SETTLEMENT.

BY OUR SETTLEMENT OF MAY 24, 1961, YOU WERE PAID AN ADDITIONAL AMOUNT OF $27.50 CONSISTING OF $2.50 FOR PER DIEM ON APRIL 14, $5 FOR PER DIEM ON APRIL 18, AND $20 TOWARD ROUND TRIP TRANSPORTATION AND PER DIEM ENROUTE TO YOUR OFFICIAL DUTY STATION REPRESENTING THE SUBSISTENCE ALLOWANCE FOR APRIL 16 AND 17, TO WHICH YOU WOULD HAVE BEEN ENTITLED HAD YOU REMAINED AT YOUR TEMPORARY DUTY STATION.

WE HAVE NOW BEEN INFORMALLY ADVISED BY THE ADMINISTRATIVE OFFICE THAT YOU WERE PLACED IN AN ANNUAL LEAVE STATUS FOR ONE HOUR AT THE END OF THE WORKDAY ON APRIL 14 AND FOR THREE HOURS, FROM 9 A.M., TO NOON, ON MONDAY, APRIL 18. THOSE FACTS WERE NOT BEFORE THE GENERAL ACCOUNTING OFFICE AT THE TIME OF ITS SETTLEMENT.

THE TRAVEL EXPENSES TO WHICH YOU WOULD BE ENTITLED FOR THE PERIOD COMMENCING AT 4 P.M., ON THURSDAY, APRIL 14, AND ENDING AT NOON, MONDAY, IS GOVERNED BY SECTION 6.3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WHICH READ, IN PART, AS FOLLOWS:

"6.3 LEAVE OF ABSENCE.--- EXCEPT AS STATED BELOW, IF THE TIME THAT LEAVE OF ABSENCE BEGINS OR TERMINATES IS WITHIN THE TRAVELER'SPRESCRIBED HOURS OF DUTY, PER DIEM IN LIEU OF SUBSISTENCE EXPENSES WILL TERMINATE AT THE BEGINNING OF THE NEXT QUARTER DAY, OR BEGIN WITH THE QUARTER DAY DURING WHICH THE LEAVE OF ABSENCE TERMINATES. * * * A TRAVELER WILL BE CONSIDERED TO BE IN SUBSISTENCE STATUS ON NONWORK DAYS UNLESS HE RETURNS TO HIS OFFICIAL STATION OR PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION, OR UNLESS SUCH NONWORK DAY IS IMMEDIATELY PRECEDED AND FOLLOWED BY LEAVE OF ABSENCE: * * *.'

SINCE YOUR LEAVE OF ABSENCE BEGAN WITHIN THE WORKDAY ON THURSDAY, APRIL 14, YOUR SUBSISTENCE STATUS ENDED AS OF 6 P.M., ON THAT DAY. ON MONDAY, APRIL 18, YOUR LEAVE TERMINATED WITHIN THE WORKDAY AND YOUR SUBSISTENCE STATUS COMMENCED AT NOON. THEREFORE, YOU WERE ENTITLED ONLY TO THREE- QUARTERS DAY PER DIEM ON THURSDAY, APRIL 14, AND ONE-HALF DAY PER DIEM ON MONDAY, APRIL 18. ALSO, BECAUSE YOU WERE IN A LEAVE STATUS IMMEDIATELY PRECEDING AND FOLLOWING THE NONWORKDAYS, APRIL 16 AND 17, THE CONSTRUCTIVE TRAVEL EXPENSE INCLUDING PER DIEM FOR THE NONWORKDAYS OTHERWISE ALLOWABLE TOWARD YOUR TRANSPORTATION EXPENSE AND PER DIEM ENROUTE UNDER SECTION 6.4 OF THE REGULATIONS MAY NOT BE ALLOWED IN YOUR CASE.

IN YOUR LETTER OF JUNE 25, YOU SAY YOU ARE ENTITLED TO AN ADDITIONAL PAYMENT OF $10 FOR PER DIEM IN LIEU OF SUBSISTENCE ON FRIDAY, APRIL 15, WHILE YOU WERE ON SICK LEAVE AT YOUR PERMANENT DUTY STATION. THIS ADDITIONAL CLAIM APPARENTLY IS MADE UNDER SECTION 6.5 OF THE REGULATIONS. HOWEVER, THAT SECTION APPLIES ONLY WHEN AN EMPLOYEE IS ON SICK LEAVE WHILE ABSENT FROM HIS OFFICIAL DUTY STATION ON TEMPORARY DUTY. IT IS NOT APPLICABLE IN YOUR CASE.

THUS, THE AMOUNT ADMINISTRATIVELY PAID YOU, NAMELY, $29.23, IS ALL TO WHICH YOU ARE ENTITLED FOR THIS TRAVEL. THEREFORE, YOU ARE INDEBTED TO THE GOVERNMENT FOR THE AMOUNT OF $27.50 ALLOWED BY THE GENERAL ACCOUNTING OFFICE SETTLEMENT OF MAY 24, 1961, BASED ON THE FACTS THEN BEFORE IT. THE AMOUNT OF THE OVERPAYMENT SHOULD BE REMITTED BY CHECK OR MONEY ORDER MADE PAYABLE TO "U.S. GENERAL ACCOUNTING OFFICE" AND ADDRESSED TO THAT OFFICE AT P.O. BOX 2610, WASHINGTON 13, D.C.

THE SETTLEMENT IS CORRECT IN THAT IT DISALLOWED YOUR CLAIM FOR CONSTRUCTIVE PER DIEM FOR APRIL 15 AND UPON REVIEW, IT IS SUSTAINED TO THAT EXTENT.