B-195602, MARCH 10, 1980, 59 COMP.GEN. 293

B-195602, MARCH 10, 1980, 59 COMP.GEN. 293

TRAVEL EXPENSES - RETURN TO OFFICIAL STATION ON NONWORKDAYS - REIMBURSEMENT - LIMITATION CUSTOMS SERVICE EMPLOYEE WHO IS ON TEMPORARY DUTY ASSIGNMENT (TDY) AND RECEIVING ACTUAL SUBSISTENCE RETURNED HOME FOR WEEKEND. DURING TIME AWAY FROM TDY, HE DID NOT INCUR COSTS FOR 3 NIGHTS' LODGING AND 2 1/3 DAYS OF MEALS. UNDER FEDERAL TRAVEL REGULATIONS (FPMR 101-7) PARA. 1-8.4F (MAY 1973), EMPLOYEE MAY RECEIVE REIMBURSEMENT FOR TRAVEL UP TO ACTUAL SUBSISTENCE EXPENSES WHICH WOULD HAVE BEEN ALLOWABLE AT TDY SITE. SINCE EMPLOYEE'S WEEKEND ROUND TRIP TRAVEL EXPENSE WAS LESS THAN THE AVERAGE SUBSISTENCE EXPENSES AT TDY SITE, EMPLOYEE MAY BE REIMBURSED HIS TRAVEL EXPENSE.

MATTER OF: HOWARD E. JOHNSON, MARCH 10, 1980:

MR. L. R. BYRNE, DIRECTOR, FINANCIAL MANAGEMENT DIVISION, UNITED STATES CUSTOMS SERVICE, MIAMI, FLORIDA, REQUESTS OUR DECISION WHETHER HE MAY CERTIFY FOR PAYMENT A VOUCHER OF $70 FOR TRAVEL EXPENSES INCURRED BY AN EMPLOYEE WHO VOLUNTARILY RETURNED TO HIS OFFICIAL DUTY STATION FROM HIS TEMPORARY DUTY STATION FOR THE WEEKEND. SINCE THE COST OF THE EMPLOYEE'S TRIP WAS LESS THAN THE SUBSISTENCE EXPENSES THAT WOULD HAVE BEEN ALLOWABLE HAD THE EMPLOYEE REMAINED AT THE TEMPORARY DUTY SITE, PAYMENT MAY BE AUTHORIZED.

FROM APRIL 30, 1979, THROUGH MAY 11, 1979, THE EMPLOYEE, HOWARD E. JOHNSON, WAS ASSIGNED TO PERFORM TEMPORARY DUTY (TDY) AT TAMPA, FLORIDA, A HIGH RATE GEOGRAPHIC AREA IN WHICH EMPLOYEES ON TDY ARE AUTHORIZED ACTUAL SUBSISTENCE NOT TO EXCEED $42 A DAY. MR. JOHNSON REPORTED TO DUTY ON APRIL 30 AND REMAINED AT THE TDY STATION UNTIL 8:20 P.M. FRIDAY, MAY 4, 1979, WHEN HE VOLUNTARILY RETURNED TO HIS HOME FOR THE WEEKEND. RETURNED TO HIS TDY STATION ON MONDAY MORNING, MAY 7, 1979.

MR. JOHNSON'S EXPENSES FOR THE ROUND-TRIP TRAVEL FROM HIS TDY STATION TO HIS HOME WERE $70 FOR TAXICAB AND AIRPLANE FARES. FOR THE WEEK PRIOR TO THIS WEEKEND TRAVEL, MR. JOHNSON AVERAGED $32.41 IN LODGING AND MEAL EXPENSES FOR EACH FULL DAY AT HIS TDY SITE. THE $33 CONSISTED OF $19.08 FOR LODGING AND $13.33 FOR MEALS.

FEDERAL TRAVEL REGULATIONS (FPMR 101-7) PARA. 1-8.4F (MAY 1973) STATES IN RELEVENT PART:

* * * IN CASES OF VOLUNTARY RETURN OF A TRAVELER FOR NONWORKDAYS TO HIS OFFICIAL STATION OR HIS PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION, THE MAXIMUM REIMBURSEMENT ALLOWABLE FOR THE ROUND-TRIP TRANSPORTATION AND ACTUAL SUBSISTENCE EN ROUTE SHALL BE THE NECESSARY TRAVEL AND SUBSISTENCE EXPENSE WHICH WOULD HAVE BEEN ALLOWABLE HAD THE TRAVELER REMAINED AT HIS TEMPORARY DUTY STATION.

MR. JOHNSON DID NOT HAVE LODGING EXPENSES FOR 3 NIGHTS AND DID NOT HAVE MEAL EXPENSES FOR 2 1/3 DAYS (HE ATE BREAKFAST AT HOME ON THE DAY OF HIS RETURN). HIS TRAVEL EXPENSES OF $70 WERE LESS THAN THE AMOUNT HE WOULD HAVE BEEN ENTITLED TO CLAIM HAD HE REMAINED AT THE TEMPORARY DUTY STATION BASED ON THE AVERAGE OF ACTUAL SUBSISTENCE EXPENSES HE WAS ALLOWED AT THAT STATION. THE TRAVEL EXPENSES BEING LESS THAN THE AMOUNT THAT WOULD HAVE BEEN ALLOWED HAD HE REMAINED ON TDY THE CLAIM MAY BE ALLOWED.

ACCORDINGLY, THE VOUCHER MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.