B-126546, MAR. 13, 1956

B-126546, MAR. 13, 1956

TO MR. J. L. WILKINSON, AUTHORIZED CERTIFYING OFFICER, FARM CREDIT ADMINISTRATION:

YOUR LETTER OF JANUARY 5, 1956, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH ENCLOSED IN FAVOR OF EDWARD J. IRWIN IN THE AMOUNT OF $82.51. THAT SUM WAS SUSPENDED ADMINISTRATIVELY FROM HIS TRAVEL VOUCHERS FOR OCTOBER AND NOVEMBER 1955 FOR THE FOLLOWING REASON:

"PARAGRAPH 45D OF THE GOVERNMENT TRAVEL REGULATIONS PROVIDES FOR THE ALLOWANCE OF TRANSPORTATION EXPENSES AND PER DIEM EN ROUTE TO OFFICIAL STATION WHENEVER AN EMPLOYEE BECOMES INCAPACITATED DUE TO ILLNESS OR INJURY. HOWEVER, NO PROVISION IS MADE FOR THE PAYMENT OF THE EQUIVALENT OF SUCH COST WHEN THE TRAVEL IS MADE TO A POINT OTHER THAN THE OFFICIAL STATION FOR MEDICAL ATTENTION. ACCORDINGLY, WE HAVE NO ALTERNATIVE BUT MUST SUSPEND THE ABOVE ITEMS.'

WE UNDERSTAND HIS OFFICIAL STATION OR DESIGNATED POST OF DUTY IS CEDAR FALLS, IOWA, AND HIS TRAVEL ORDERS FOR FISCAL YEAR 1956 ARE GENERAL IN NATURE AND DO NOT PRESCRIBE HIS ITINERARY OR NAME THE SPECIFIC DATES OR POINTS WHERE HIS DUTIES AS FIELD EXAMINER ARE TO BE PERFORMED FROM TIME TO TIME.

IT APPEARS FROM MR. IRWIN'S STATEMENT, DATED DECEMBER 21, 1955, THAT HE HAD BEEN HOSPITALIZED FOR SURGERY DURING AUGUST 1955 IN IOWA CITY, IOWA, AND HIS PHYSICIAN WARNED HIM TO RETURN TO THAT HOSPITAL IN THE EVENT EVIDENCE OF HIS AILMENT RECURRED. SUCH EVIDENCE APPARENTLY REDEVELOPED ON OR ABOUT OCTOBER 24, 1955, THE DATE MR. IRWIN INTERRUPTED HIS OFFICIAL TRAVEL STATUS AT PIERRE, SOUTH DAKOTA, AND RETURNED TO THE IOWA CITY HOSPITAL. THE TRAVEL FROM PIERRE WAS PERFORMED BY PRIVATELY OWNED AUTOMOBILE TO SIOUX FALLS, SOUTH DAKOTA, THENCE BY AIR TO IOWA CITY. UPON RELEASE FROM THE HOSPITAL ON NOVEMBER 14 HE WENT TO CEDAR FALLS, WHERE HE REMAINED IN A SICK LEAVE STATUS UNTIL HE RETURNED TO OFFICIAL TRAVEL STATUS ON NOVEMBER 28 AT MADISON, SOUTH DAKOTA, RETURNING THERETO BY AIR FROM WATERLOO, IOWA, TO SIOUX FALLS, THENCE BY PRIVATELY OWNED AUTOMOBILE TO MADISON. TRAVEL BETWEEN CEDAR FALLS AND MADISON IS A GRATER DISTANCE THAN THAT BETWEEN PIERRE AND MADISON.

THE SUBMITTED RECLAIM VOUCHER COVERS MILEAGE OF $19.81, PER DIEM IN LIEU OF SUBSISTENCE AMOUNT TO $22.50 AND AIR TRANSPORTATION EXPENSES OF $40.20 (EQUIVALENT TO AIR ROUND-TRIP FARE, LESS TAX, FROM SIOUX FALLS, SOUTH DAKOTA, TO WATERLOO, IOWA). SUCH ITEMS ARE COMPUTED BY MR. IRWIN AS BEING CONSTRUCTIVELY DUE BY VIRTUE OF HIS TRIP.

WHEN A TRAVELER BECOMES INCAPACITATED DUE TO ILLNESS OR INJURY NOT DUE TO HIS OWN MISCONDUCT WHILE EN ROUTE TO OR WHILE AT A TEMPORARY ASSIGNMENT, IN ACCORDANCE WITH SECTION 3 OF THE TRAVEL EXPENSE ACT OF 1949, AS AMENDED APRIL 26, 1950, 64 STAT. 89, AND PARAGRAPH 45D OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, HE SHALL BE ALLOWED HIS TRANSPORTATION EXPENSES AND PER DIEM EN ROUTE TO HIS DESIGNATED POST OF DUTY, OR OFFICIAL STATION, WHEN AUTHORIZED OR APPROVED THEREUNDER. UNDER THE ACT AND REGULATION, THE ADMINISTRATIVE APPROVAL NOTED ON THE VOUCHER IS VIEWED BY US AS VALIDATING ONLY THE CONSTRUCTIVE ONE-WAY TRANSPORTATION AND PER DIEM EN ROUTE TO THE TRAVELER'S OFFICIAL STATION, IN THIS CASE, NAMELY, MILEAGE FROM PIERRE TO SIOUX FALLS PLUS THE CONSTRUCTIVE AIR TRANSPORTATION CLAIMED TO WATERLOO, IOWA, PLUS THE APPLICABLE PER DIEM. THOSE ITEMS ON THE VOUCHER TOTAL $46.41, AND, IF OTHERWISE PROPER, ARE FOR ALLOWANCE.

AS TO THAT PART OF THE CLAIM FROM CEDAR FALLS TO MADISON, THE GENERAL RULE IS THAT AN EMPLOYEE WHO HAS PROCEEDED ON LEAVE TO A POINT AWAY FROM HIS OFFICIAL DUTY POINT, AS HERE INVOLVED, ASSUMES THE OBLIGATION OF RETURNING HIMSELF THERETO AT HIS OWN EXPENSE. HOWEVER, THE ADMINISTRATIVE APPROVAL OF THE VOUCHER UNDER PARAGRAPH 5 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WOULD AUTHORIZE THE ALLOWANCE OF AN ADDITIONAL AMOUNT REPRESENTING THE CONSTRUCTIVE MILEAGE AND PER DIEM WHICH WOULD HAVE ACCRUED TO THE TRAVELER HAD HE TRAVELED DIRECT FROM PIERRE TO MADISON.

THE VOUCHER, WHICH IS RETURNED, MAY BE CERTIFIED FOR PAYMENT ONLY IN ACCORDANCE WITH THE ABOVE.