B-167193, APR. 15, 1970
Highlights
YOU NOW SAY THAT THE TRIP INVOLVED WAS MORE THAN A HOUSE HUNTING TRIP BECAUSE YOUR MOTOR VEHICLE WAS EXPECTED TO BE USED ON OFFICIAL DUTY AND YOU DECIDED IT WAS PRACTICAL TO DRIVE IT TO THE NEW LOCATION ON THE FIRST TRIP TO ASSURE ITS AVAILABILITY. YOU FEEL YOU WERE ENTITLED TO AN ADDITIONAL THREE AND ONE-FOURTH DAYS OF TRAVEL TIME FOR PER DIEM IN LIEU OF SUBSISTENCE PURPOSES. EXHIBIT 7 OF 7AR 562 IS PART OF THE REGULATIONS GOVERNING PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES OF CIVILIAN OFFICERS AND EMPLOYEES OF THE DEPARTMENT OF AGRICULTURE. THE COVERING SHEET ON EXHIBIT 7 OF 7AR 562 STATES THAT "THIS EXHIBIT IS BUREAU OF THE BUDGET CIRCULAR NO. A-56 WHICH SPECIFICALLY STATES THAT IN NO CASE WILL THE PERIOD OF THE ADVANCE ROUND TRIP FOR HOUSE HUNTING AT GOVERNMENT EXPENSE BE ALLOWED IN EXCESS OF 6 CALENDAR DAYS.
B-167193, APR. 15, 1970
TO MR. RAYMOND L. MILOT:
YOUR LETTER OF FEBRUARY 25, 1970, REFERS TO OUR DECISION OF DECEMBER 15, 1969, B-167193, TO YOU, WHICH LIMITED YOU TO 6 CALENDAR DAYS, INCLUDING TRAVEL TIME, FOR ROUND-TRIP TRAVEL BETWEEN YOUR OLD AND NEW OFFICIAL STATIONS TO SEEK PERMANENT RESIDENCE QUARTERS.
YOU NOW SAY THAT THE TRIP INVOLVED WAS MORE THAN A HOUSE HUNTING TRIP BECAUSE YOUR MOTOR VEHICLE WAS EXPECTED TO BE USED ON OFFICIAL DUTY AND YOU DECIDED IT WAS PRACTICAL TO DRIVE IT TO THE NEW LOCATION ON THE FIRST TRIP TO ASSURE ITS AVAILABILITY. THEREFORE, YOU FEEL YOU WERE ENTITLED TO AN ADDITIONAL THREE AND ONE-FOURTH DAYS OF TRAVEL TIME FOR PER DIEM IN LIEU OF SUBSISTENCE PURPOSES.
IN SUPPORT OF YOUR CLAIM YOU REFER TO REGULATIONS OF THE DEPARTMENT OF AGRICULTURE (PARAGRAPHS 10.2G AND 2.4B OF EXHIBIT 7 OF 7AR 562). EXHIBIT 7 OF 7AR 562 IS PART OF THE REGULATIONS GOVERNING PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES OF CIVILIAN OFFICERS AND EMPLOYEES OF THE DEPARTMENT OF AGRICULTURE. THE COVERING SHEET ON EXHIBIT 7 OF 7AR 562 STATES THAT "THIS EXHIBIT IS BUREAU OF THE BUDGET CIRCULAR NO. A-56." OUR DECISION OF DECEMBER 15, 1969, B-167193, WE DISALLOWED YOUR CLAIM ON THE BASIS OF SECTION 2.4B OF CIRCULAR NO. A-56 WHICH SPECIFICALLY STATES THAT IN NO CASE WILL THE PERIOD OF THE ADVANCE ROUND TRIP FOR HOUSE HUNTING AT GOVERNMENT EXPENSE BE ALLOWED IN EXCESS OF 6 CALENDAR DAYS, INCLUDING TRAVEL TIME.
SECTION 10.2G HAS NOTHING TO DO WITH THE NUMBER OF DAYS AUTHORIZED FOR A HOUSE HUNTING TRIP. THAT SECTION HAS TO DO WITH THE SHIPMENT OF MOTOR VEHICLES BETWEEN OVERSEAS STATIONS OR BETWEEN STATIONS IN THE UNITED STATES AND OVERSEAS STATIONS.
AS PREVIOUSLY INDICATED IN THE DECISION OF DECEMBER 15, 1969, WE HAVE NO AUTHORITY TO EXTEND THE TIME LIMIT SPECIFIED IN BUREAU OF THE BUDGET CIRCULAR NO. A-56 SO AS TO ALLOW YOU ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE. MOREOVER, THERE DOES NOT APPEAR TO BE ANY OTHER BASIS FOR ALLOWING YOU ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE BECAUSE OF THE TRANSFER OF YOUR OFFICIAL STATION.
CONCERNING THE ACTUAL CHANGE OF STATION WHICH INVOLVED A SECOND TRIP BY WAY OF WATERLOO, IOWA, WHERE YOU LEFT YOUR FAMILY AND CONTINUED ONWARD TO KANSAS CITY, MISSOURI, BY RAILROAD, THE FILE SHOWS THAT OUR SETTLEMENT OF JANUARY 23, 1970, IN YOUR FAVOR INCLUDED REIMBURSEMENT FOR RAIL FARE OF $11.98 FROM WATERLOO TO KANSAS CITY, PLUS PER DIEM IN LIEU OF SUBSISTENCE FOR TRAVEL TIME.