B-144644, JANUARY 4, 1961, 40 COMP. GEN. 400

B-144644, JANUARY 4, 1961, 40 COMP. GEN. 400

CIVILIAN PERSONNEL - PER DIEM - FRACTIONAL DAYS - LESS THAN 24 HOURS TRAVEL THE REQUIREMENT IN SECTION 6.9C (2) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS THAT AN EMPLOYEE WHO USES AN AUTOMOBILE OR OTHER NONSCHEDULED MEANS OF TRANSPORTATION FOR OFFICIAL TRAVEL MUST EXPLAIN THE OFFICIAL NECESSITY FOR THE TIME OF DEPARTURE OR RETURN WHEN THE TIME OF DEPARTURE IS WITHIN 30 MINUTES PRIOR TO THE END OF A QUARTER DAY, OR THE TIME OF RETURN IS WITHIN 30 MINUTES AFTER THE BEGINNING OF A QUARTER DAY, IN ORDER TO BE ENTITLED TO PER DIEM FOR EITHER SUCH QUARTER DAY, IS NOT APPLICABLE TO CONTINUOUS TRAVEL OF 24 HOURS OR LESS, AS PROVIDED BY SECTION 6.11 OF THE REGULATIONS.

TO RICHARD E. WATERS, NATIONAL LABOR RELATIONS BOARD, JANUARY 4, 1961:

ON DECEMBER 15, 1960, YOU REQUESTED OUR DECISION CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT A VOUCHER IN FAVOR OF HERBERT SCHUTZMAN TRANSMITTED WITH YOUR REQUEST WHICH IS TYPICAL OF OTHERS COVERING PER DIEM CLAIMED INCIDENT TO TRAVEL (APPARENTLY BY PRIVATELY OWNED AUTOMOBILE) FOR A PERIOD OF LESS THAN 24 HOURS.

YOUR SPECIFIC QUESTION IS WHETHER THE 30-MINUTE PERIOD PRIOR TO OR SUBSEQUENT TO A PERIOD OF TRAVEL APPLIES TO ABSENCES OF 10 HOURS AS DESCRIBED IN BUREAU OF THE BUDGET CIRCULAR A-7, REV., TRANSMITTAL MEMORANDUM NO. 11, OR WHETHER IT APPLIES STRICTLY TO ABSENCES OF 6 HOURS AS IMPLIED BY THE USE OF THE TERM "QUARTER DAY" IN TRANSMITTAL MEMORANDUM NO. 13.

MR. SCHUTZMAN IS CLAIMING PER DIEM IN THE AMOUNT OF $3.50 INCIDENT TO OFFICIAL TRAVEL PERFORMED ON OCTOBER 27, 1960, ON THE BASIS OF DEPARTURE FROM PITTSBURGH AT 10:15 A.M. AND RETURNING TO PITTSBURGH AT 8:30 P.M.

BY TRANSMITTAL MEMORANDUM NO. 11, ISSUED SEPTEMBER 3, 1959, SECTION 6.11 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, WAS FURTHER AMENDED TO READ AS FOLLOWS:

FOR CONTINUOUS TRAVEL OF 24 HOURS OR LESS, THE TRAVEL PERIOD WILL BE REGARDED AS COMMENCING WITH THE BEGINNING OF THE TRAVEL AND ENDING WITH ITS COMPLETION, AND FOR EACH 6-HOUR PORTION OF THE PERIOD, OR FRACTION OF SUCH PORTION, ONE-FOURTH OF THE PER DIEM FOR A CALENDAR DAY WILL BE ALLOWED: PROVIDED, THAT NO PER DIEM WILL BE ALLOWED WHEN THE TRAVEL PERIOD IS 10 HOURS OR LESS DURING THE SAME CALENDAR DAY, EXCEPT WHEN THE TRAVEL PERIOD IS 6 HOURS OR MORE AND BEGINS BEFORE :00 A.M. OR TERMINATES AFTER 8:00 P.M. (SEE SECTION 6.9 A AND C.)

SECTION 6.9C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, SO FAR AS PERTINENT, WAS REVISED BY THE ADDITION OF PARAGRAPH (2) OF TRANSMITTAL MEMORANDUM NO. 13, ISSUED APRIL 6, 1960, AS OLLOWS:

(2) WHEN A TRAVELER USES AN AUTOMOBILE OR OTHER NONSCHEDULED MEANS OF TRANSPORTATION BETWEEN HIS OFFICE, HOME, OR OTHER POINT OF DEPARTURE AND A TEMPORARY DUTY STATION, OFFICIAL TRAVEL BEGINS AT THE TIME THE TRAVELER LEAVES HIS HOME, OFFICE, OR OTHER POINT OF DEPARTURE AND ENDS WHEN THE TRAVELER RETURNS TO HIS HOME, OFFICE, OR OTHER POINT BY AUTOMOBILE OR OTHER NONSCHEDULED CONVEYANCE AT THE CONCLUSION OF HIS TRIP. HOWEVER, WHEN THE TIME OF DEPARTURE IS WITHIN THIRTY MINUTES PRIOR TO THE END OF A QUARTER DAY, OR THE TIME OF RETURN IS WITHIN THIRTY MINUTES AFTER THE BEGINNING OF A QUARTER DAY, PER DIEM FOR EITHER SUCH QUARTER DAY SHALL DAY SHALL NOT BE ALLOWED IN THE ABSENCE OF A STATEMENT WITH THE TRAVEL VOUCHER EXPLAINING THE OFFICIAL NECESSITY FOR THE TIME OF DEPARTURE OR RETURN.

IT IS OUR VIEW THAT THE SO-CALLED "30-MINUTE PERIOD" PRESCRIBED BY TRANSMITTAL MEMORANDUM NO. 13 IS NOT INTENDED TO BE APPLICABLE TO CONTINUOUS TRAVEL OF 24 HOURS OR LESS. THAT VIEW IS SUPPORTED BY THE MANNER IN WHICH THE TERM "QUARTER DAY" IS USED IN SUCH MEMORANDUM AND THE FACT THAT IT IS NOT READILY APPLICABLE TO ALL SITUATIONS UNDER TRANSMITTAL MEMORANDUM NO. 11. HENCE, THE CLAIMANT IS ENTITLED TO THE PER DIEM AS CLAIMED UNDER THE PROVISIONS OF TRANSMITTAL MEMORANDUM NO. 11.

THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.