A-10175, SEPTEMBER 1, 1925, 5 COMP. GEN. 163

A-10175: Sep 1, 1925

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WHO WAS IN A CONTINUOUS TRAVEL STATUS FROM 5.20 P.M. IS ENTITLED TO THE FRACTIONAL PER DIEM COVERING THE PERIOD FROM MIDNIGHT TO 3.30 A.M. WHEREIN THERE WAS ALLOWED ONLY $6 ON HIS CLAIM (NO. 049131) FOR $7 PER DIEM IN LIEU OF SUBSISTENCE IN CONNECTION WITH SERVICES RENDERED AS CHINESE INTERPRETER IN THE IMMIGRATION SERVICE. THE DIFFERENCE OF $1 DISALLOWED WAS FOR FRACTIONAL PER DIEM COVERING PERIOD FROM MIDNIGHT TO 3.30 A.M. THE DISALLOWANCE BEING ON THE GROUND THAT THERE WAS NO REASONABLE PRESUMPTION OF NECESSITY FOR AN ACTUAL EXPENSE OF SUBSISTENCE BETWEEN MIDNIGHT AND 3.30 A.M. SHOWS THAT CLAIMANT WAS IN A CONTINUOUS TRAVEL STATUS FROM 5.20 P.M. HE IS ENTITLED TO THE FRACTIONAL PER DIEM COVERING THE PERIOD FROM MIDNIGHT TO 3.30 A.M.

A-10175, SEPTEMBER 1, 1925, 5 COMP. GEN. 163

SUBSISTENCE - FRACTIONAL DAYS THE RULE THAT SHORT TEMPORARY ABSENCES FROM HEADQUARTERS ON OFFICIAL BUSINESS AT SUCH HOURS AND UNDER SUCH CONDITIONS AS TO NEGATIVE THE INCURRING OF ANY ACTUAL EXPENSES FOR SUBSISTENCE DO NOT ENTITLE THE EMPLOYEE TO ANY REIMBURSEMENT ON ACCOUNT OF SUBSISTENCE, EITHER ON A PER DIEM OR AN ACTUAL EXPENSE BASIS, HAS NO APPLICATION TO FRACTIONAL PARTS OF A DAY AT THE BEGINNING OR END OF A LONGER PERIOD OF TIME. AN EMPLOYEE OF THE IMMIGRATION SERVICE, DEPARTMENT OF LABOR, WHO WAS IN A CONTINUOUS TRAVEL STATUS FROM 5.20 P.M. MAY 4 TO 3.30 A.M. MAY 7, 1924, IS ENTITLED TO THE FRACTIONAL PER DIEM COVERING THE PERIOD FROM MIDNIGHT TO 3.30 A.M. MAY 7, IN ACCORDANCE WITH REGULATIONS OF THE DEPARTMENT OF LABOR.

DECISION BY COMPTROLLER GENERAL MCCARL, SEPTEMBER 1, 1925:

ONG JEONG POY APPLIED JUNE 6, 1925, FOR REVIEW OF SETTLEMENT NO. 076768- L, DATED APRIL 25, 1925, WHEREIN THERE WAS ALLOWED ONLY $6 ON HIS CLAIM (NO. 049131) FOR $7 PER DIEM IN LIEU OF SUBSISTENCE IN CONNECTION WITH SERVICES RENDERED AS CHINESE INTERPRETER IN THE IMMIGRATION SERVICE, DEPARTMENT OF LABOR, DURING THE MONTH OF MAY, 1924. THE DIFFERENCE OF $1 DISALLOWED WAS FOR FRACTIONAL PER DIEM COVERING PERIOD FROM MIDNIGHT TO 3.30 A.M. MAY 7, THE DATE OF HIS RETURN FROM AN OFFICIAL TRIP INVOLVING AN ABSENCE OF MORE THAN ONE DAY, THE DISALLOWANCE BEING ON THE GROUND THAT THERE WAS NO REASONABLE PRESUMPTION OF NECESSITY FOR AN ACTUAL EXPENSE OF SUBSISTENCE BETWEEN MIDNIGHT AND 3.30 A.M., THE HOUR OF ARRIVAL.

IT HAS BEEN HELD THAT SHORT TEMPORARY ABSENCES FROM HEADQUARTERS ON OFFICIAL BUSINESS TRIPS AT SUCH HOURS AND UNDER SUCH CONDITIONS AS TO NEGATIVE THE INCURRING OF ANY ACTUAL EXPENSES FOR SUBSISTENCE DO NOT ENTITLE THE EMPLOYEE TO ANY REIMBURSEMENT ON ACCOUNT OF SUBSISTENCE, EITHER ON A PER DIEM OR AN ACTUAL EXPENSE BASIS. SEE 3 COMP. GEN. 598, 739. THAT RULING, HOWEVER, HAS NO APPLICATION TO FRACTIONAL PARTS OF A DAY AT THE BEGINNING OR END OF A LONGER PERIOD OF TIME. 4 COMP. GEN. 274, 467.

CLAIMANT'S VOUCHER FOR TRAVELING EXPENSES FOR THE MONTH OF MAY, 1924, SHOWS THAT CLAIMANT WAS IN A CONTINUOUS TRAVEL STATUS FROM 5.20 P.M. MAY 4 TO 3.30 A.M. MAY 7. THEREFORE, HE IS ENTITLED TO THE FRACTIONAL PER DIEM COVERING THE PERIOD FROM MIDNIGHT TO 3.30 A.M. MAY 7, IN ACCORDANCE WITH PARAGRAPH 52 OF THE DEPARTMENT'S TRAVEL REGULATIONS AS AMENDED.

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