B-129050, OCT. 2, 1956
Highlights
AS YOUR DUTY WAS NOT TO BEGIN UNTIL 7:30 A.M. IT WAS DETERMINED ADMINISTRATIVELY THAT YOU COULD HAVE LEFT JERSEY CITY AT 5:40 P.M. WHICH WOULD HAVE PLACED YOU IN TOLEDO AT 6:59 A.M. THE ADMINISTRATIVE DISALLOWANCE WAS SUSTAINED BY OFFICE SETTLEMENT OF JUNE 12. YOU SAY THAT YOUR CLAIM IS FOR A REASONABLE AMOUNT OF TIME TO PERMIT THE SECURING OF LODGING. 1952) STATES THAT EMPLOYEES "ARE EXPECTED TO EXERCISE THE SAME CARE IN INCURRING EXPENSES THAT A PRUDENT PERSON WOULD EXERCISE IF TRAVELING ON PERSONAL BUSINESS.'. AS YOUR TEMPORARY DUTY WAS TO COVER SEVERAL DAYS OUR OFFICE CONCURS WITH YOUR VIEWS THAT IT WAS NOT PROPER TO ALLOW ONLY ONE HOUR OR LESS BETWEEN THE ARRIVAL OF THE TRAIN IN A STRANGE CITY AND THE TIME FOR REPORTING FOR DUTY.
B-129050, OCT. 2, 1956
TO MR. A. N. BUDJINSKI, NAVAL SUPPLY DEPOT:
YOUR LETTER OF AUGUST 9, 1956, REQUESTS REVIEW OF THE SETTLEMENT OF JUNE 12, 1956, DISALLOWING YOUR CLAIM FOR $15.75, REPRESENTING 1 3/4 DAYS' PER DIEM PREVIOUSLY DEDUCTED FROM YOUR TRAVEL VOUCHER COVERING TRAVEL ON OFFICIAL BUSINESS FROM YOUR OFFICIAL HEADQUARTERS, BAYONNE, NEW JERSEY, TO TOLEDO, OHIO, AND RETURN, DURING JULY AND AUGUST 1955.
YOUR TRAVEL ORDERS AUTHORIZED THE USE OF PRIVATELY OWNED CONVEYANCE AT THE RATE OF 6 CENTS PER MILE, THE "COST NOT TO EXCEED THAT OF TRAVEL BY USUAL PUBLIC MEANS OF TRANSPORTATION.' YOU DEPARTED FROM YOUR HEADQUARTERS BY AUTOMOBILE AT 6 P.M., FRIDAY, JULY 22, 1955, AND ARRIVED IN TOLEDO, 10 P.M., JULY 23.
YOU CLAIMED PER DIEM IN LIEU OF SUBSISTENCE ON THE BASIS OF A CONSTRUCTIVE DEPARTURE BY TRAIN AT 11:10 P.M., JULY 22, 1955. AS YOUR DUTY WAS NOT TO BEGIN UNTIL 7:30 A.M., JULY 25, 1955, IT WAS DETERMINED ADMINISTRATIVELY THAT YOU COULD HAVE LEFT JERSEY CITY AT 5:40 P.M., JULY 24, 1955, WHICH WOULD HAVE PLACED YOU IN TOLEDO AT 6:59 A.M., JULY 25, 1955, IN TIME TO REPORT FOR DUTY AT :30 A.M. THE SAME DAY. THE ADMINISTRATIVE DISALLOWANCE WAS SUSTAINED BY OFFICE SETTLEMENT OF JUNE 12. YOU SAY THAT YOUR CLAIM IS FOR A REASONABLE AMOUNT OF TIME TO PERMIT THE SECURING OF LODGING, UNPACKING, ETC., BEFORE REPORTING FOR DUTY.
SECTION 1 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS (EDITION OF AUGUST 1, 1952) STATES THAT EMPLOYEES "ARE EXPECTED TO EXERCISE THE SAME CARE IN INCURRING EXPENSES THAT A PRUDENT PERSON WOULD EXERCISE IF TRAVELING ON PERSONAL BUSINESS.' AS YOUR TEMPORARY DUTY WAS TO COVER SEVERAL DAYS OUR OFFICE CONCURS WITH YOUR VIEWS THAT IT WAS NOT PROPER TO ALLOW ONLY ONE HOUR OR LESS BETWEEN THE ARRIVAL OF THE TRAIN IN A STRANGE CITY AND THE TIME FOR REPORTING FOR DUTY. OBVIOUSLY, THERE WOULD NOT BE TIME TO ARRANGE FOR ACCOMMODATIONS FOR THE PERIOD OF TEMPORARY DUTY. TRAIN SCHEDULES ON FILE IN THIS OFFICE LIST A TRAIN LEAVING JERSEY CITY AT 6:05 P.M., JULY 23, 1955, WHICH WOULD HAVE PLACED YOU IN TOLEDO AT 5:20 P.M., JULY 24, 1955. IT WOULD SEEM THAT THE USE OF THAT TRAIN WOULD HAVE PERMITTED AMPLE TIME TO ARRANGE FOR HOTEL ACCOMMODATIONS, UNPACKING, REST, ETC. 33 COMP. GEN. 221. AS BUS SERVICE BETWEEN BAYONNE, NEW JERSEY, AND JERSEY CITY, TAKES APPROXIMATELY 45 MINUTES, PER DIEM IN LIEU OF SUBSISTENCE MAY BE ALLOWED FROM 5 P.M., JULY 23, 1955, WHICH WOULD ENTITLE YOU TO ONE-HALF DAY'S PER DIEM FOR JULY 23 AND A WHOLE DAY'S PER DIEM FOR JULY 24, INSTEAD OF THE ONE-HALF DAY'S PER DIEM ALLOWED ADMINISTRATIVELY FOR JULY 24. ACCORDINGLY, UPON REVIEW, WE HOLD THAT YOU ARE ENTITLED TO THE ADDITIONAL SUM OF $9, OR ONE DAY'S PER DIEM. THE DISALLOWANCE OF THE REMAINDER OF THE CLAIM IS SUSTAINED.