B-152348, OCT. 1, 1963

B-152348, OCT. 1, 1963

TO MR. LOWELL W. THOMPSON:

THIS REFERS TO YOUR LETTER OF AUGUST 12, 1963, REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF AUGUST 8, 1963, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM DURING THE PERIOD JANUARY 30 TO FEBRUARY 6, 1963, INCIDENT TO YOUR PERMANENT CHANGE OF STATION ORDERS, DATED JANUARY 28, 1963.

BY TRAVEL ORDER NO. TA513, DATED JANUARY 18, 1963, YOU WERE ASSIGNED TO TEMPORARY DUTY AT DENVER, COLORADO, FOR APPROXIMATELY 15 DAYS. BY TRAVEL ORDER NO. TA675, DATED JANUARY 28, 1963, YOU WERE TRANSFERRED FROM SAN BERNARDINO, CALIFORNIA, TO DENVER, COLORADO. ON FEBRUARY 1, 1963, YOU TRAVELED BY COMMERCIAL AIRLINE FROM DENVER TO SAN BERNARDINO ON A TICKET OBTAINED WITH A GOVERNMENT TRANSPORTATION REQUEST. THE FILE SHOWS THAT ON JANUARY 30, 1963, PRIOR TO YOUR DEPARTURE FROM DENVER YOU WERE ADVANCED $819 FOR SHIPMENT OF HOUSEHOLD EFFECTS AND $192 FOR TRAVEL TO YOUR NEW DUTY STATION. ON FEBRUARY 3, 1963, YOU AND YOUR DEPENDENTS DEPARTED SAN BERNARDINO AND ARRIVED IN DENVER FEBRUARY 6, 1963.

CHAPTER 4, PARAGRAPH 15A (5), AFM10-10, DATED OCTOBER 25, 1962, PROVIDES IN PART AS FOLLOWS:

"/5) WHEN AN EMPLOYEE AT A PLACE OF TEMPORARY DUTY RECEIVES OFFICIAL NOTICE OF ASSIGNMENT TO THAT PLACE AS HIS PERMANENT DUTY STATION IT BECOMES HIS NEW PERMANENT DUTY STATION ON THE DATE HE RECEIVES NOTICE. HIS TEMPORARY DUTY STATUS AND PER DIEM ALLOWANCE TERMINATES AT THE CLOSE OF THE PREVIOUS DAY * * *. PERMANENT CHANGE OF STATION MOVEMENT IS ALLOWED FOR HIS DEPENDENTS AND HOUSEHOLD EFFECTS FROM THE OLD TO THE NEW DUTY STATION. THE EMPLOYEE IS NOT ALLOWED TO USE THE REMAINING TEMPORARY DUTY TRAVEL AUTHORITY TO RETURN TO HIS OLD PERMANENT DUTY STATION SOLELY FOR PERSONAL REASONS SUCH AS MAKING ARRANGEMENT TO MOVE HIS FAMILY.'

THE QUOTED REGULATION IS BASED UPON A LONG STANDING RULE OF ACCOUNTING OFFICERS. SEE 5 COMP. GEN. 132; CF. 5 ID. 400.

THE FACT THAT TRAVEL ORDERS HAD BEEN ISSUED JANUARY 28, 1963, AUTHORIZING THE TRAVEL OF YOUR DEPENDENTS AND TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS AND ON JANUARY 30, 1963, YOU HAD RECEIVED AN ADVANCE OF FUNDS FROM THE GOVERNMENT TO REIMBURSE YOU FOR THE NECESSARY EXPENSES OF SUCH TRAVEL AND TRANSPORTATION, WAS SUFFICIENT NOTICE TO YOU OF CHANGE OF PERMANENT DUTY STATION. AN EMPLOYEE WHO RECEIVES NOTICE OR ACQUIRES ACTUAL KNOWLEDGE THAT HE IS TRANSFERRED OR IS TO BE TRANSFERRED TO THE TEMPORARY DUTY STATION AT WHICH HE IS PERFORMING DUTY IS NOT ENTITLED TO PER DIEM OR TO BE PAID THE EXPENSE OF HIS RETURN TO HIS FORMER PERMANENT DUTY STATION FOR PERSONAL REASONS. ACCORDINGLY, THE COST OF THE TICKET BY COMMERCIAL AIRLINE OBTAINED ON A GOVERNMENT TRANSPORTATION REQUEST FOR SUCH TRAVEL WILL HAVE TO BE REIMBURSED TO THE GOVERNMENT BY YOU.

THEREFORE, THE SETTLEMENT DISALLOWING YOUR CLAIM MUST BE SUSTAINED.

YOU SAY THAT IN RETURNING TO YOUR FORMER HEADQUARTERS YOU WERE ACTING UNDER ORDERS OF YOUR SUPERIORS AND YOU SHOULD NOT BE PENALIZED. UNDER THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, 5 U.S.C. 73B-1, AND THE TRAVEL EXPENSE ACT OF 1949, 63 STAT. 166, 5 U.S.C. 836, 837, AND SECTION 1.2 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, GOVERNMENT FUNDS ARE AVAILABLE ONLY FOR TRAVEL WHICH IS NECESSARY IN THE PERFORMANCE OF OFFICIAL BUSINESS. ALSO, SEE DECISIONS CITED ABOVE.