B-110533, AUG 11, 1952

B-110533, AUG 11, 1952

PRECIS-UNAVAILABLE

MR. E. L. MARTIN, AUTHORIZED CERTIFYING OFFICER:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 23, 1952, YOUR REFERENCE 0400/2930, REQUESTING ADVICE AS TO WHETHER, UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER SET FORTH, A TRAVEL REIMBURSEMENT VOUCHER THEREWITH TRANSMITTED, IN FAVOR OF WILLIAM T. GEORGE, JR., FOR $56.33, PROPERLY MAY BE CERTIFIED FOR PAYMENT.

IT IS STATED IN YOUR LETTER THAT MR. GEORGE IS EMPLOYED AS A SPECIAL AGENT - ATTORNEY IN THE CHARLESTON, WEST VIRGINIA, DISTRICT OFFICE OF OFFICE OF PRICE STABILIZATION. BY TRAVEL ORDER NO. OPS-04-374, COVERING THE MONTH OF MAY, MR. GEORGE WAS AUTHORIZED TO:

"TRAVEL IN AND AROUND CITY OF CHARLESTON, W. VA., AND FROM CHARLESTON, W. VA., TO ANY POINTS IN THE DISTRICT AREA, IN AND AROUND ANY SUCH POINTS, AND RETURN TO CHARLESTON, W. VA., AS OFTEN AS MAY BE NECESSARY."

THE PURPOSE OF THE TRAVEL AS STATED IN THE SAID ORDER WAS:

"TO CONDUCT SURVEYS, AUDITS AND INVESTIGATIONS UNDER THE SCRAP METALS DRIVE AND ALL OTHER OPS REGULATIONS AND TO HOLD CONFERENCES WITH AND WORK FOR U. S. ATTORNEYS FOR THE DISTRICT AREA."

IT IS STATED IN YOUR LETTER THAT UNDER THE AUTHORITY OF SUCH ORDER MR. GEORGE LEFT HIS OFFICIAL STATION AT CHARLESTON, WEST VIRGINIA, AT 8 A.M. ON MAY 5, 1952, AND ARRIVED IN FRANKLIN, WEST VIRGINIA, AT 4 P.M. FOR THE PURPOSE OF PERFORMING TEMPORARY DUTY AT THAT POINT. SUBSEQUENT TO HIS ARRIVAL IN FRANKLIN, BUT PRIOR TO THE PERFORMANCE OF ANY DUTY THEREAT, HE RECEIVED A MESSAGE THAT HIS BROTHER-IN-LAW WAS DYING AND PURSUANT TO HIS REQUEST WAS GRANTED ANNUAL LEAVE FOR THE REMAINDER OF THE WEEK. ON THE FOLLOWING MONDAY, MAY 12, MR. GEORGE WAS GRANTED SICK LEAVE AND ON TUESDAY, THE 13TH, HE WAS ON OFFICIAL LEAVE FOR THE PURPOSE OF VOTING IN THE WEST VIRGINIA PRIMARY. FURTHER, IT APPEARS THAT MR. GEORGE TRAVELED FROM FRANKLIN, WEST VIRGINIA, TO PHILIPPI, WEST VIRGINIA, INCIDENT TO HIS VOTING IN THE SAID PRIMARY AND THEREAFTER RETURNED TO FRANKLIN, THE POINT WHERE HE DEPARTED FROM HIS TRAVEL STATUS TO GO ON ANNUAL LEAVE. MOREOVER, IT APPEARS THAT MR. GEORGE RETURNED TO HIS OFFICIAL STATION WITHOUT PERFORMING THE TEMPORARY DUTY FOR WHICH THE TRAVEL ORIGINALLY WAS DIRECTED. YOU REQUEST ADVICE AS TO WHETHER ANY MILEAGE OR PER DIEM MAY BE CERTIFIED FOR PAYMENT TO MR. GEORGE FOR THE PERIOD MAY 5 THROUGH MAY 13.

THE SITUATION PRESENTED IN YOUR LETTER IS SUBSTANTIALLY SIMILAR TO THAT CONSIDERED BY THIS OFFICE IN DECISION OF SEPTEMBER 27, 1943, B 36871, 23 COMP. GEN. 237, WHEREIN IT WAS HELD, QUOTING FROM THE SYLLABUS:

"AN EMPLOYEE WHO, WHILE EN ROUTE ON OFFICIAL BUSINESS FROM HIS OFFICIAL HEADQUARTERS TO A TEMPORARY DUTY STATION RECEIVED NOTICE OF THE DEATH OF HIS FATHER, ABANDONED HIS OFFICIAL ROUTING AND PROCEEDED AT HIS OWN EXPENSE TO THE HOME OF HIS FATHER AND SUBSEQUENTLY RETURNED TO HIS OFFICIAL HEADQUARTERS IS ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE BETWEEN HIS OFFICIAL HEADQUARTERS AND THE POINT AT WHICH HE ABANDONED HIS OFFICIAL TRIP, INCLUDING PER DIEM IN LIEU OF SUBSISTENCE FOR THE TIME NECESSARILY CONSUMED ON THAT PORTION OF THE JOURNEY."

THE PRINCIPLE ENUNCIATED IN THAT DECISION APPEARS EQUALLY FOR APPLICATION HERE. HOWEVER, SINCE MR. GEORGE WAS NOT IN A TEMPORARY DUTY STATUS OR PER DIEM STATUS AT THE TIME HE WAS GRANTED THE ONE DAY'S SICK LEAVE HE WOULD NOT BE ENTITLED TO PER DIEM FOR THAT DAY NOR FOR THE DAY HE WAS GRANTED OFFICIAL LEAVE FOR THE PURPOSE OF VOTING. HENCE, IN LINE WITH THE DECISION CITED ABOVE, THE MOST TO WHICH MR. GEORGE WOULD BE ENTITLED BY REASON OF THE TRAVEL IN QUESTION IS MILEAGE IN ACCORDANCE WITH HIS ORDERS FROM CHARLESTON, WEST VIRGINIA, TO FRANKLIN, WEST VIRIGINA, AND PER DIEM FROM THE TIME OF DEPARTURE FROM CHARLESTON TO THE TIME HIS TEMPORARY DUTY STATUS WAS TERMINATED FOR HIS PERSONAL CONVENIENCE, THAT IS, THE COMMENCEMENT OF THE ANNUAL LEAVE STATUS FOLLOWING HIS ARRIVAL AT FRANKLIN.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT IN ITS PRESENT FORM.