B-106567, JANUARY 2, 1952, 31 COMP. GEN. 243

B-106567, JANUARY 2, 1952, 31 COMP. GEN. 243

TIME - STANDARD V. DAYLIGHT SAVING - EMPLOYEES IN A TRAVEL STATUS - COMPUTATION OF PER DIEM IN LIEU OF SUBSISTENCE WHILE THE PROVISIONS OF PARAGRAPHS 48 AND 51 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS DEALING WITH TIME OF DEPARTURE AND ARRIVAL AND DEFINING A DAY DO NOT SPECIFY WHETHER STANDARD OR DAYLIGHT SAVING TIME CONTROLS, IT IS THE VIEW OF THIS OFFICE THAT IN DETERMINING THE AMOUNT OF PER DIEM IN LIEU OF SUBSISTENCE DUE AN EMPLOYEE IN A CONTINUOUS TRAVEL STATUS OF MORE THAN 24 HOURS, THE HOURS OF DEPARTURE AND ARRIVAL ARE TO BE COMPUTED ON THE BASIS OF UNITED STATES STANDARD TIME EVEN THOUGH DAYLIGHT SAVING TIME WAS IN EFFECT AT THE EMPLOYEES' PERMANENT DUTY STATION AT THE TIME THE TRAVEL WAS PERFORMED.

COMPTROLLER GENERAL WARREN TO LT. COL. H. D. LLOYD, DEPARTMENT OF THE ARMY, JANUARY 2, 1952:

BY ST ENDORSEMENT DATED NOVEMBER 14, 1951, THE OFFICE OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY (REFERENCE FINKE 248.7 KOEHLER, GUSTAVE F.) FORWARDED HERE FOR CONSIDERATION YOUR LETTER OF OCTOBER 12, 1951, FINE-/2) 245.6, REQUESTING AN ADVANCE DECISION WHETHER YOU MAY PAY THE SUBMITTED VOUCHER, BUREAU NO. STL-3138, STATED IN FAVOR OF GUSTAVE F. KOEHLER FOR $3.75, REPRESENTING HIS RECLAIM OF PER DIEM IN LIEU OF SUBSISTENCE, WHICH SUM WAS DISALLOWED BY ACTION OF YOUR OFFICE ON HIS ORIGINAL CLAIM. YOU STATE THAT THE HOURS OF DEPARTURE AND ARRIVAL WERE CONVERTED TO THE DAYLIGHT SAVING TIME WHICH WAS IN EFFECT AT THE PERMANENT DUTY STATION AT THE TIME THE TRAVEL WAS PERFORMED IN ACCORDANCE WITH THE DECISION 7 COMP. GEN. 834, BUT, IN VIEW OF THE DECISION AT 18 COMP. GEN. 492, YOU REQUEST A DECISION IN THE INSTANT CASE.

THE SAID DECISION, A-23410 DATED JUNE 28, 1928 (7 COMP. GEN. 834), EXPRESSLY RELATED TO THE QUESTION WHETHER UNDER THE ARMY REGULATIONS THERE CONSIDERED THE EXPENSES OF MEALS WERE ALLOWABLE AT THE BEGINNING AND ENDING OF A TRAVEL STATUS, COMMENCING 6:25 P. M. ( DST) AND TERMINATING AT 2:10 A.M. THE FOLLOWING DAY, WHERE DAYLIGHT SAVING TIME CONTROLLED THE HOURS OF DUTY AND USUAL SUBSISTENCE ARRANGEMENTS OF THE TRAVELER IN QUESTION. IN THE SUBSEQUENT CASE, 18 COMP. GEN. 492, IT WAS HELD THAT THE TIME OF COMMENCEMENT OF TRAVEL, OR OF THE STATUS ENTITLING A FOREIGN SERVICE OFFICER TO EXCHANGE RELIEF, MUST BE CONSIDERED AND COMPUTED ON THE BASIS OF THE UNITED STATES STANDARD TIME OF THE ZONE WITHIN WHICH THE ACT WAS PERFORMED.

PARAGRAPHS 48 AND 51 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDE, IN PART, AS FOLLOWS:

48. TIME OF DEPARTURE AND ARRIVAL.

B. THE TIME OF ARRIVAL AT AND DEPARTURE FROM A PLACE WILL BE CONSIDERED AS THE HOUR AT WHICH THE TRAIN, BOAT, OR OTHER CONVEYANCE USED BY THE TRAVELER ACTUALLY LEAVES OR ARRIVES AT ITS REGULAR TERMINAL.

51. DAY DEFINED.--- IN COMPUTING THE PER DIEM IN LIEU OF SUBSISTENCE FOR CONTINUOUS TRAVEL OF MORE THAN 24 HOURS, THE CALENDAR DAY (MIDNIGHT TO MIDNIGHT) WILL BE THE UNIT, AND FOR FRACTIONAL PARTS OF A DAY AT THE COMMENCEMENT OR ENDING OF SUCH CONTINUOUS TRAVEL, CONSTITUTING A TRAVEL PERIOD, ONE-FOURTH OF THE RATE FOR A CALENDAR DAY WILL BE ALLOWED FOR EACH PERIOD OF 6 HOURS OR FRACTION THEREOF. * * *

WHILE SUCH PROVISIONS OF THE REGULATIONS DO NOT SPECIFY WHETHER STANDARD OR DAYLIGHT SAVING TIME CONTROLS, IT IS THE VIEW OF THIS OFFICE THAT FOR THE TRAVEL HERE INVOLVED--- MAY 3 TO 5, 1951, AND MAY 15 TO 17, 1951--- STANDARD TIME MUST BE USED IN COMPUTING THE AMOUNT DUE AS PER DIEM IN LIEU OF SUBSISTENCE. SEE GENERALLY 27 COMP. GEN. 148. SINCE THE CASE DOES NOT INVOLVE THE 8 A.M. TO 6 P.M. PROVISION OF PARAGRAPH 51 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, NO CONSIDERATION HAS BEEN GIVEN WITH RESPECT TO THE RULE APPLICABLE IN APPLYING THAT PROVISION.

ACCORDINGLY, THE VOUCHER IS RETURNED HEREWITH AND MAY BE PAID IN THE ABSENCE OF FURTHER OBJECTION.