B-115946, JULY 31, 1953, 33 COMP. GEN. 51

B-115946, JULY 31, 1953, 33 COMP. GEN. 51

OFFICERS AND EMPLOYEES - SEPARATION FROM SERVICE - EFFECTIVE DATE - INTERNATIONAL DATELINE CROSSING THE TIME TO BE USED AS A BASIS FOR ESTABLISHING THE EFFECTIVE DATE OF SEPARATION IN SETTLEMENT OF THE PAY ACCOUNT OF A PER ANNUM EMPLOYEE WHO, WHILE TRAVELING PURSUANT TO ORDERS DIED AFTER CROSSING THE INTERNATIONAL DATELINE IS THE TIME OF THE PLACE WHERE THE DEATH OCCURRED, HOWEVER IN COMPUTING PER DIEM, THE ACTUAL ELAPSED TIME SHOULD BE USED RATHER THAN CALENDAR DAYS IN ACCORDANCE WITH PARAGRAPH 47B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

ACTING COMPTROLLER GENERAL FISHER TO THE SECRETARY OF THE NAVY, JULY 31, 1953:

REFERENCE IS MADE TO LETTER OF THE ACTING SECRETARY OF THE NAVY OF JUNE 24, 1953, REQUESTING DECISION AS TO THE TIME TO BE USED AS A BASIS FOR ESTABLISHING THE EFFECTIVE DATE OF SEPARATION IN THE SETTLEMENT OF A DECEASED CIVILIAN EMPLOYEE'S PAY ACCOUNT AND TRAVEL CLAIM WHERE THE EMPLOYEE, WHILE TRAVELING PURSUANT TO ORDERS FROM THE NAVY DEPARTMENT, MET HIS DEATH IN A MILITARY AIRCRAFT ACCIDENT AT ABASHIRI, HOKKAIDO, JAPAN, THE TIME OF WHICH (IN JAPAN) IS REPORTED TO HAVE BEEN 11 M., FRIDAY, MAY 29, 1953, WHEREAS THE CORRESPONDING TIME IN WASHINGTON, D.C., WAS 10:10 P.M. (EASTERN DAYLIGHT SAVING TIME), THURSDAY, MAY 28, 1953. IT HAS BEEN INFORMALLY ASCERTAINED THAT THE DECEDENT WAS A DEPARTMENTAL PER ANNUM EMPLOYEE IN A TRAVEL STATUS INCIDENT TO TEMPORARY DUTY AT THE TIME THE ACCIDENT OCCURRED.

IN DETERMINING THE TIME WITHIN WHICH ANY RIGHTS SHALL ACCRUE OR DETERMINE UNDER STATUTES, ORDERS, RULES, AND REGULATIONS WITH RESPECT TO UNITED STATES STANDARD TIME ZONES, THE ACT OF MARCH 19, 1918, 40 STAT. 450 (15 U.S.C. 262), PROVIDES THAT IT SHALL BE UNDERSTOOD AND INTENDED THAT THE TIME SHALL BE THE UNITED STATES STANDARD TIME OF THE ZONE IN WHICH THE ACT IS TO BE PERFORMED. ALTHOUGH THAT ACT PERTAINS ONLY TO UNITED STATES STANDARD TIME ZONES, AN OBSERVANCE OF ANY OTHER RULE WITH RESPECT TO THE TIME AT WHICH RIGHTS ACCRUE OR DETERMINE TO FEDERAL OFFICERS AND EMPLOYEES ON DUTY IN PARTS OF THE WORLD NOT INCLUDED IN THE UNITED STATES TIME ZONES WOULD RESULT IN IMMEASURABLE CONFUSION. ACCORDINGLY, AND IN LINE WITH THE RULE ESTABLISHED BY CONGRESS RESPECTING UNITED STATES STANDARD TIME ZONES, THE DATE OF DEATH FOR THE PURPOSE OF SEPARATION AND PAYMENT OF COMPENSATION IN THE INSTANT CASE SHOULD BE MAY 29, 1953, THE DATE AT THE PLACE THE DEATH OCCURRED.

IN REGARD TO THE SETTLEMENT OF THE DECEDENT'S TRAVEL CLAIM, YOUR ATTENTION IS INVITED TO PARAGRAPH 47B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, WHICH PROVIDES:

IN COMPUTING PER DIEM IN CASES WHERE THE TRAVELER CROSSES THE INTERNATIONAL DATE LINE (ONE HUNDRED AND EIGHTIETH MERIDIAN) ACTUAL ELAPSED TIME SHALL BE USED RATHER THAN CALENDAR DAYS.

IN ACCORDANCE WITH THE REGULATION, WHERE A TRAVELER CROSSES THE INTERNATIONAL DATELINE THE ELAPSED TIME SHOULD BE USED IN COMPUTING HIS PER DIEM FOR THE ENTIRE TRIP. THE TRAVEL PERFORMED IN THE INSTANT CASE SHOULD BE COMPUTED ON THAT BASIS.