B-124008, AUG. 17, 1955

B-124008, AUG. 17, 1955

TO MR. MATTHEW H. TULLY, AUTHORIZED CERTIFYING OFFICER, FEDERAL INSURANCE CORPORATION:

REFERENCE IS MADE TO YOUR LETTER OF MAY 12, 1955, REQUESTING OUR DECISION AS TO WHETHER YOU PROPERLY MAY CERTIFY FOR PAYMENT A RECLAIM VOUCHER IN FAVOR OF LAWRENCE A. WILDE, COVERING SALARY AND MILEAGE FOR USE OF A PRIVATELY OWNED AUTOMOBILE.

ON JULY 1, 1950, MR. WILDE WAS GIVEN AN EXCEPTED APPOINTMENT UNDER THE FEDERAL CROP INSURANCE CORPORATION AS LOSS ADJUSTER WITH COMPENSATION PAYABLE ON A PER DIEM WHEN-ACTUALLY-EMPLOYED BASIS. YOU STATE THAT WHILE MR. WILDE WAS ENGAGED IN TEMPORARY DUTY OUT OF AMHERST, TEXAS, HE BECAME ILL AND AT 2:30 P.M. ON JANUARY 3, 1955, HE DEPARTED PEP, TEXAS, WHERE HE WAS THEN WORKING, TO RETURN TO HIS OFFICIAL STATION WHERE HIS HOME WAS SITUATED. HE ARRIVED THERE AT 6:05 P.M. THE SAME DAY. AT 2 P.M. ON JANUARY 6, HE LEFT HIS OFFICIAL STATION TO RESUME TEMPORARY DUTY AT AMHERST. THE AMOUNT CLAIMED ON THE VOUCHER REPRESENTS 2 1/2 HOURS' SALARY FOR JANUARY 3 AND 4 HOURS' SALARY FOR JANUARY 6, AND, IN ADDITION, MILEAGE FROM THE PLACE OF TEMPORARY DUTY (PEP, TEXAS) TO HIS OFFICIAL STATION AND RETURN TO AMHERST, TEXAS, OR A TOTAL OF 374 MILES AT 7 CENTS PER MILE. THE ENTIRE AMOUNT WAS DISALLOWED ADMINISTRATIVELY.

AS INDICATED ABOVE, MR. WILDE IS PAID ON A DAILY BASIS WHEN ACTUALLY EMPLOYED. HIS APPOINTMENT STATES THAT "NO SICK AND/OR ANNUAL LEAVE IS EARNED UNDER THIS TYPE OF APPOINTMENT.' SINCE MR. WILDE'S APPOINTMENT ENTITLED HIM TO NO LEAVE BENEFITS, WE ARE AWARE OF NO AUTHORITY UNDER WHICH PAYMENT OF SALARY COVERING PERIODS OF TRAVEL BETWEEN HIS TEMPORARY AND HIS OFFICIAL STATION INCIDENT TO SUCH ILLNESS WOULD BE AUTHORIZED.

SECTION 3 OF THE TRAVEL EXPENSE ACT OF 1949, AS AMENDED, 5 U.S.C. 836, IS, IN PART, AS FOLLOWS:

"CIVILIAN OFFICERS AND EMPLOYEES OF THE DEPARTMENTS AND ESTABLISHMENTS (EXCEPT JUSTICES AND JUDGES COVERED BY SECTION 456 OF TITLE 28) * * *. PROVIDED, THAT SUCH CIVILIAN OFFICERS AND EMPLOYEES WHO BECOME INCAPACITATED DUE TO ILLNESS OR INJURY, NOT DUE TO THEIR OWN MISCONDUCT, WHILE TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY, SHALL BE ALLOWED SUCH PER DIEM ALLOWANCES, AND TRANSPORTATION EXPENSES TO THEIR DESIGNATED POSTS OF DUTY, IN ACCORDANCE WITH REGULATIONS PROMULGATED AND APPROVED UNDER SECTIONS 835-842 OF THIS TITLE.'

THE QUOTED SECTION IS APPLICABLE TO ALL CIVILIAN OFFICERS AND EMPLOYEES OF THE DEPARTMENTS AND ESTABLISHMENTS WHO ARE NOT EXPRESSLY EXCLUDED THEREFROM. THERE IS NO PROVISION IN SUCH SECTION EXCLUDING EMPLOYEES WHO ARE PAID BY THE DAY ON A WHEN-ACTUALLY-EMPLOYED BASIS. THEREFORE, THE BENEFITS OF THAT SECTION MAY BE EXTENDED TO THAT CLASS OF EMPLOYEES. MOREOVER, THE TERM ,TRANSPORTATION EXPENSES" USED IN SUCH SECTION IS CONSTRUED IN A BROAD SENSE ENCOMPASSING EXPENSES OF TRAVEL BY ANY AUTHORIZED MEANS. SINCE THE EMPLOYEE INVOLVED WAS AUTHORIZED TO TRAVEL BY PRIVATELY OWNED AUTOMOBILE UPON A MILEAGE BASIS, AND SINCE THE ILLNESS WAS INCURRED DURING THE PERIOD OF OFFICIAL DUTY AND TRAVEL, WE ARE OF THE VIEW THAT HIS TRAVEL BETWEEN TEMPORARY DUTY STATION AND OFFICIAL STATION INCIDENT TO HIS ILLNESS IS REIMBURSABLE UPON A MILEAGE BASIS.

ACTION ON THE VOUCHER, RETURNED HEREWITH, SHOULD BE TAKEN ACCORDINGLY.