B-131818, JUN. 21, 1957

B-131818, JUN. 21, 1957

TO MRS. VERA D. HUNTSMAN, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF LABOR:

YOUR LETTER OF APRIL 19, 1957, REQUESTS A DECISION WHETHER THE VOUCHER FORWARDED BY YOU, COVERING A RECLAIM BY ALBERT J. OTTARIANO, IN THE AMOUNT OF $48--- REPRESENTING PER DIEM ADMINISTRATIVELY SUSPENDED FROM A PRIOR TRAVEL VOUCHER--- MAY BE CERTIFIED FOR PAYMENT UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED.

BY TRAVEL ORDER DATED NOVEMBER 9, 1956, ALBERT J. OTTARIANO WAS AUTHORIZED TO TRAVEL, FOR THE PURPOSE OF PERFORMING OFFICIAL DUTIES, FROM BOSTON, MASSACHUSETTS, TO NEW YORK, NEW YORK, AND RETURN. THE ORDER PROVIDED FOR PAYMENT OF PER DIEM IN ACCORDANCE WITH CURRENT DEPARTMENTAL REGULATIONS. MR. OTTARIANO, WHOSE OFFICIAL STATION IS BOSTON, LIVES IN WOBURN, MASSACHUSETTS, WHICH IS 11 MILES FROM BOSTON, AND COMMUTES DAILY WHEN HE IS WORKING AT HIS OFFICIAL DUTY STATION.

THE EMPLOYEE WAS ON DUTY IN NEW YORK THROUGH CLOSE OF BUSINESS NOVEMBER 21, 1956, AND FOR PERSONAL REASONS DEPARTED HIS TEMPORARY DUTY STATION AND RETURNED TO HIS RESIDENCE AT WOBURN. THURSDAY, NOVEMBER 22, WAS A LEGAL HOLIDAY (THANKSGIVING). MR. OTTARIANO WAS IN AN ANNUAL LEAVE STATUS ON FRIDAY NOVEMBER 23 AND RETURNED TO NEW YORK, SUNDAY NIGHT NOVEMBER 25, 1956. ON THE ORIGINAL VOUCHER THERE WAS ADMINISTRATIVELY DEDUCTED THE SUM OF $48, REPRESENTING PER DIEM IN LIEU OF SUBSISTENCE FOR THE PERIOD NOVEMBER 22 THROUGH 25, 1956, UPON THE GROUNDS THAT PARAGRAPHS 6.8 AND 6.12D-/3) (A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PRECLUDE THE PAYMENT OF PER DIEM AT THE PLACE OF ABODE OF THE EMPLOYEE.

THE RECLAIM VOUCHER COVERS THE AMOUNT THUS DEDUCTED, NAMELY $48, AND THE EMPLOYEE CONTENDS THAT, UNDER PARAGRAPH 6.12E OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, HE IS ENTITLED TO REIMBURSEMENT FOR THE COST OF TRAVEL PERFORMED BETWEEN HIS HEADQUARTERS AND TEMPORARY DUTY STATION, IN AN AMOUNT NOT TO EXCEED THE AMOUNT OF PER DIEM TO WHICH HE WOULD HAVE BEEN ENTITLED HAD HE REMAINED AT HIS TEMPORARY DUTY STATION.

PARAGRAPH 6.12E OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WOULD NOT BE APPLICABLE IN MR. OTTARIANO'S CASE SINCE HE WAS NOT TRAVELING UNDER CONDITIONS FOR WHICH REIMBURSEMENT WOULD BE AUTHORIZED OR APPROVED ON AN ACTUAL EXPENSE BASIS. THE SECTIONS OF THE TRAVEL REGULATIONS WHICH ARE APPLICABLE IN THE INSTANT CASE ARE PARAGRAPHS 6.3 AND 6.4 WHICH READ IN PART AS FOLLOWS:

"6.3 * * * A TRAVELER WILL BE CONSIDERED TO BE IN SUBSISTENCE STATUS ON NONWORK DAYS UNLESS HE RETURNS TO HIS OFFICIAL STATION OR PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION * * * PROVIDED, THAT PER DIEM IN LIEU OF SUBSISTENCE MAY NOT BE PAID FOR MORE THAN TWO NONWORK DAYS WHERE THE LEAVE OF ABSENCE IS IMMEDIATELY PRECEDED AND FOLLOWED BY NONWORK DAY/S). * * *

$$6.4 * * * IN CASES OF VOLUNTARY RETURN OF A TRAVELER FOR NONWORK DAYS TO HIS OFFICIAL STATION, OR HIS PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION, THE MAXIMUM REIMBURSEMENT ALLOWABLE FOR THE ROUND TRIP TRANSPORTATION AND PER DIEM EN ROUTE SHALL BE THE TRAVEL EXPENSE WHICH WOULD HAVE BEEN ALLOWABLE HAD THE TRAVELER REMAINED AT HIS TEMPORARY DUTY STATION.'

SINCE MR. OTTARIANO VOLUNTARILY RETURNED TO HIS PLACE OF ABODE FOR THE NONWORK DAYS AND WAS IN A LEAVE OF ABSENCE IMMEDIATELY PRECEDED AND FOLLOWED BY NONWORK DAYS, UNDER THE PROVISIONS OF THE ABOVE-QUOTED TRAVEL REGULATIONS HE WOULD BE ENTITLED TO REIMBURSEMENT OF EXPENSES INCURRED IN TRAVELING BETWEEN HIS HOME AND HIS TEMPORARY DUTY STATION AND PER DIEM EN ROUTE IN AN AMOUNT NOT TO EXCEED THE TRAVEL EXPENSE WHICH WOULD HAVE BEEN ALLOWABLE HAD HE REMAINED AT HIS TEMPORARY STATION, THAT IS, TWO DAYS PER DIEM.

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