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B-140119, APR. 6, 1960

B-140119 Apr 06, 1960
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YOU SAY THAT THE FACTS INVOLVED ARE AS FOLLOWS: ON MAY 25. WHILE TEMPORARILY ASSIGNED TO THE NATIONAL PARK SERVICE AND ON TEMPORARY DUTY AT SAN FRANCISCO WAS TRANSFERRED TO THE NATIONAL PARK SERVICE. AT THAT TIME HIS PERMANENT DUTY STATION WAS CHANGED FROM DENVER. THE ORIGINAL CLAIM FOR REIMBURSEMENT OF EXPENSES FOR THAT TRAVEL WAS ALLOWED ON A CONSTRUCTIVE BASIS FOR MILEAGE AND PER DIEM OVER A USUALLY TRAVELED ROUTE BETWEEN SAN FRANCISCO AND PORT ANGELES. BARRY'S "STATEMENT REGARDING OLD DUTY STATION" WHICH IS ATTACHED TO BUREAU VOUCHER NO. 1783 INDICATES THAT HE DID NOT PERFORM ANY OFFICIAL BUSINESS WHICH REQUIRED HIS PRESENCE IN DENVER AND THAT HIS PURPOSE IN TRAVELING TO THAT PLACE WAS TO ARRANGE FOR THE SHIPMENT OF HIS HOUSEHOLD EFFECTS AND THE SALE OF HIS HOME.

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B-140119, APR. 6, 1960

TO MR. MANLEY W. ALLEN, AUTHORIZED CERTIFYING OFFICER, NATIONAL PARK SERVICE:

ON MARCH 15, 1960, FILE F5027-ABF, YOU REQUESTED OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT TWO VOUCHERS IN FAVOR OF ROBERT I. BARRY WHICH INCLUDE RECLAIMS FOR MILEAGE AND PER DIEM IN CONNECTION WITH HIS TRAVEL FROM HIS TEMPORARY DUTY STATION IN SAN FRANCISCO, CALIFORNIA, TO HIS NEXT TEMPORARY DUTY STATION AT PORT ANGELES, WASHINGTON, VIA DENVER, COLORADO.

YOU SAY THAT THE FACTS INVOLVED ARE AS FOLLOWS: ON MAY 25, 1959, MR. BARRY, AN EMPLOYEE OF THE BUREAU OF RECLAMATION, WHILE TEMPORARILY ASSIGNED TO THE NATIONAL PARK SERVICE AND ON TEMPORARY DUTY AT SAN FRANCISCO WAS TRANSFERRED TO THE NATIONAL PARK SERVICE. AT THAT TIME HIS PERMANENT DUTY STATION WAS CHANGED FROM DENVER, COLORADO, TO WASHINGTON, D.C. MR. BARRY REMAINED ON TEMPORARY DUTY IN SAN FRANCISCO THROUGH SEPTEMBER 22, 1959, AT WHICH TIME HE PROCEEDED TO HIS NEXT TEMPORARY DUTY STATION AT PORT ANGELES, VIA HIS FORMER PERMANENT DUTY STATION, DENVER. THE ORIGINAL CLAIM FOR REIMBURSEMENT OF EXPENSES FOR THAT TRAVEL WAS ALLOWED ON A CONSTRUCTIVE BASIS FOR MILEAGE AND PER DIEM OVER A USUALLY TRAVELED ROUTE BETWEEN SAN FRANCISCO AND PORT ANGELES. THE TWO VOUCHERS NOW SUBMITTED INCLUDE A RECLAIM OF THE AMOUNT DISALLOWED ON THE ORIGINAL VOUCHER, EXCEPT THAT HE HAS REDUCED HIS CLAIM FOR THE DENVER TRAVEL TO THE CONSTRUCTIVE COST OF TRAVEL FROM HIS OLD TO HIS NEW DUTY STATION.

MR. BARRY'S "STATEMENT REGARDING OLD DUTY STATION" WHICH IS ATTACHED TO BUREAU VOUCHER NO. 1783 INDICATES THAT HE DID NOT PERFORM ANY OFFICIAL BUSINESS WHICH REQUIRED HIS PRESENCE IN DENVER AND THAT HIS PURPOSE IN TRAVELING TO THAT PLACE WAS TO ARRANGE FOR THE SHIPMENT OF HIS HOUSEHOLD EFFECTS AND THE SALE OF HIS HOME. UNDER THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, 5 U.S.C. 73B-1 AND THE TRAVEL EXPENSE ACT OF 1949, 63 STAT. 166, 5 U.S.C. 836, 837 AND SECTIONS 1.2, 2.2, AND 2.3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS GOVERNMENT FUNDS ARE AVAILABLE ONLY FOR TRAVEL WHICH IS NECESSARY IN THE PERFORMANCE OF OFFICIAL BUSINESS. OUR DECISIONS OF SEPTEMBER 30, 1948, B-74659, AND FEBRUARY 28, 1952, B-107864, COPIES ENCLOSED, HOLD THAT AN EMPLOYEE WHO RECEIVES NOTICE THAT HE IS TRANSFERRED TO THE TEMPORARY DUTY STATION AT WHICH HE IS PERFORMING DUTY IS NOT ENTITLED TO BE PAID THE EXPENSES OF HIS RETURN TO HIS FORMER PERMANENT DUTY STATION FOR THE PURPOSE OF ARRANGING HIS PERSONAL AFFAIRS AND THE SHIPMENT OF HIS EFFECTS. THAT RULE IS FOR APPLICATION HERE. IN THE CIRCUMSTANCES, WE FIND NO PROPER BASIS FOR ALLOWANCE OF THE RECLAIM BASED ON THE CONSTRUCTIVE COST OF TRAVEL FROM DENVER TO WASHINGTON, D.C., UNDER THE TRANSFER ORDERS.

THEREFORE, THE ITEMS ON BUREAU VOUCHER NO. 1783, WHICH VOUCHER IS RETURNED HEREWITH, FOR MILEAGE AND SUBSISTENCE MAY NOT BE CERTIFIED FOR PAYMENT.

BUREAU VOUCHER NO. 1782 FOR $9 PER DIEM SEEMS TO BE BASED UPON MR. BARRY'S CONTENTION THAT HE WORKED 5 HOURS WHILE IN DENVER TO COMPLETE A REPORT UPON HIS WORK IN SAN FRANCISCO. PURSUANT TO AN ADMINISTRATIVE DETERMINATION THAT MR. BARRY INTERRUPTED HIS LEAVE IN DENVER TO PERFORM THIS OFFICIAL BUSINESS, PER DIEM MAY BE PAID TO HIM FOR SUCH QUARTERS OF A DAY IN WHICH OFFICIAL BUSINESS WAS ACTUALLY AND NECESSARILY PERFORMED. COMP. GEN. 697. THE PAYMENT OF PER DIEM IN THIS INSTANCE, HOWEVER, CAN HAVE NO EFFECT ON THE PAYMENT OF MR. BARRY'S TRAVEL EXPENSES AS DISCUSSED ABOVE, SINCE THE WORK HE ALLEGES TO HAVE PERFORMED IN DENVER ON VOUCHER 1782 DID NOT REQUIRE HIS PRESENCE THERE.

ACTION ON BUREAU VOUCHER NO. 1782, WHICH VOUCHER IS RETURNED HEREWITH, MAY BE TAKEN IN ACCORDANCE WITH THE FOREGOING HOLDING.

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