B-147138, SEPTEMBER 21, 1961, 41 COMP. GEN. 209

B-147138, SEPTEMBER 21, 1961, 41 COMP. GEN. 209

SUBSISTENCE - PER DIEM - OVERSEAS EMPLOYEES - TRAVEL STATUS AN OVERSEAS EMPLOYEE WHOSE TRAVEL TIME FOR THE OUTGOING AND RETURN AIRPLANE TRIPS INCIDENT TO HOME LEAVE IN THE UNITED STATES IS ABOUT THREE AND ONE-HALF HOURS EACH WAY MAY NOT BE REGARDED AS IN A TRAVEL STATUS WHILE AT HIS RESIDENCE TO HAVE THE ENTIRE PERIOD CONSIDERED AS ONE TRAVEL PERIOD FOR PER DIEM PURPOSES AND, THEREFORE, SINCE THE EMPLOYEE IS IN A TRAVEL STATUS ONLY FROM THE TIME THE AIRPLANE IS SCHEDULED TO DEPART FROM THE AIRPORT UNTIL THE AIRPLANE ARRIVES AT THE DESTINATION AIRPORT AND SUCH TRAVEL IS LESS THAN 10 HOURS IN ONE CALENDAR DAY, THE PROVISIONS OF SECTION 6.11 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PRECLUDE PAYMENT OF PER DIEM TO THE EMPLOYEE FOR THE AIR TRAVEL TIME.

TO HARRY R. DUCKETT, PUBLIC HOUSING ADMINISTRATION, SEPTEMBER 21, 1961:

YOUR LETTER OF SEPTEMBER 6, 1961, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE RECLAIM VOUCHER SUBMITTED WITH YOUR LETTER IN FAVOR OF ANTHONY J. BARTOLOTTA FOR $18, REPRESENTING PER DIEM IN LIEU OF SUBSISTENCE.

MR. BARTOLOTTA, WHOSE PERMANENT DUTY STATION IS SAN JUAN, PUERTO RICO, TRAVELED ON JULY 10, 1961, PURSUANT TO PROPER AUTHORIZATION FROM SAN JUAN TO NEW YORK CITY, HIS PLACE OF RESIDENCE IN THE UNITED STATES, FOR A PERIOD OF HOME LEAVE, AND ON JULY 28, 1961, HE RETURNED TO SAN JUAN. THE OUTGOING TRIP MR. BARTOLOTTA LEFT SAN JUAN AT 3:30 P.M., AND ARRIVED IN NEW YORK AT 7:00 P.M., WHILE ON THE RETURN TRIP HE LEFT NEW YORK AT 9:30 A.M., AND ARRIVED IN SAN JUAN AT 12:55 P.M. IN EACH CASE THE TRAVEL WAS PERFORMED IN ABOUT THREE AND ONE-HALF HOURS, WITHIN THE SAME CALENDAR DAY. MR. BARTOLOTTA'S CLAIM FOR PER DIEM WAS DISALLOWED ON THE BASIS OF THE LAST PROVISO IN SECTION 6.11 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

MR. BARTOLOTTA HAS FILED A MEMORANDUM IN SUPPORT OF HIS RECLAIM VOUCHER IN WHICH HE SUGGESTS THAT THE ENTIRE PERIOD FROM JULY 10 TO JULY 28 SHOULD BE TREATED AS ONE TRAVEL PERIOD. MR. BARTOLOTTA ALSO SAYS THAT HOME LEAVE TRAVEL IS NOT PROVIDED FOR IN THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AND IS REFERRED TO ONLY IN THE THIRD PROVISO OF 5 U.S.C. 73B- 3, WHICH IMPLIES THAT ALL TRAVEL IN CONNECTION WITH HOME LEAVE IS TO BE TREATED AS REIMBURSABLE AS TO TRANSPORTATION EXPENSE AND SUBSISTENCE.

SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 808, AS AMENDED, WAS AMENDED BY THE ACT OF AUGUST 31, 1954, 68 STAT. 1008, 5 U.S.C. 73B-3. THE FIRST PROVISO OF THE ACT OF AUGUST 31, 1954, PROVIDES FOR THE PAYMENT OF EXPENSES OF A ROUND TRIP TRAVEL OF AN EMPLOYEE FROM THE POST OF DUTY OF SUCH EMPLOYEE OUTSIDE THE UNITED STATES TO PLACE OF ACTUAL RESIDENCE FOR THE PURPOSE TAKING LEAVE PRIOR TO SERVING ANOTHER TOUR OF DUTY OVERSEAS. THE BUREAU OF THE BUDGET ISSUED REGULATIONS ( BUREAU OF THE BUDGET CIRCULAR NO. A-4, DATED MAY 2, 1955) GOVERNING THE PAYMENT OF CERTAIN TRAVEL AND TRANSPORTATION EXPENSES OF CIVILIAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT STATIONED OUTSIDE THE CONTINENTAL UNITED STATES. THESE REGULATIONS ARE PRESCRIBED UNDER SECTION 1 (C) OF EXECUTIVE ORDER NO. 10530 OF MAY 10, 1954, AND IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF AUGUST 31, 1954. TITLE VI OF THE REGULATIONS PERTAINING TO TRAVEL AND TRANSPORTATION EXPENSES IN CONNECTION WITH LEAVE FOR RETURNING TO PLACE OF RESIDENCE BETWEEN TOURS OF OVERSEAS DUTY, PROVIDES IN PART IN SECTION 27 (B) AS FOLLOWS:

TRAVEL ALLOWANCE. AN ELIGIBLE EMPLOYEE SHALL BE ALLOWED TRAVEL EXPENSES, INCLUDING PER DIEM IN LIEU OF SUBSISTENCE, FOR HIMSELF * * * FROM HIS POST OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES TO THE PLACE OF HIS ACTUAL RESIDENCE AND FROM SUCH PLACE OF ACTUAL RESIDENCE TO THE * * * POST OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES. SUCH EXPENSES SHALL BE SUBJECT TO THE PROVISIONS OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. * * * ( ITALICS SUPPLIED.)

SECTION 6.11 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES IN PART AS FOLLOWS:

* * * 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 6:00 A.M. OR TERMINATES AFTER 8:00P.M. * *

IN TRAVELING ON HOME LEAVE MR. BARTOLOTTA WOULD BE IN A TRAVEL STATUS ONLY FROM THE TIME THE AIRPLANE WAS SCHEDULED TO DEPART FROM ITS DEPOT AND ENDS WHEN THE AIRPLANE ARRIVES AT ITS DEPOT. MR. BARTOLOTTA WOULD NOT BE IN A TRAVEL STATUS WHILE AT HIS RESIDENCE ON HOME LEAVE. SEE SECTION 6.9C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

SINCE THE TRAVEL PERFORMED BY MR. BARTOLOTTA WHEN TRAVELING ON HOME LEAVE WAS LESS THAN 10 HOURS IN THE SAME CALENDAR DAY AND SINCE, ALSO, HIS TRAVEL DID NOT COME WITHIN THE EXCEPTION OF THE TRAVEL REGULATION ABOVE QUOTED, MR. BARTOLOTTA WOULD NOT BE ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE FOR THE TRAVEL PERFORMED.

THEREFORE, THE VOUCHER, WHICH TOGETHER WITH ENCLOSURE IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.