B-161326, MAY 19, 1967
Highlights
WHOSE OFFICIAL STATION IS IN GRAND JUNCTION. HE WAS AUTHORIZED 48 HOURS OF ANNUAL LEAVE PRIOR TO HIS RETURN TO GRAND JUNCTION. THE EMPLOYEE WAS ALLOWED MILEAGE AT THE RATE OF 7 CENTS PER MILE FROM THE POINT OF LEAVE (ST. THE EMPLOYEE CONTENDS THAT HE SHOULD HAVE BEEN ALLOWED CONSTRUCTIVE MILEAGE FROM NEW YORK CITY TO CAMBRIDGE. THE ADMINISTRATIVE DISALLOWANCE WAS PREDICATED PRIMARILY UPON THE FOLLOWING PROVISION APPEARING IN THE ATOMIC ENERGY COMMISSION MANUAL. TRAVELING EXPENSES INCLUDING PER DIEM ARE ALLOWABLE FROM HIS HEADQUARTERS TO THE TEMPORARY DUTY STATION AND WHILE PERFORMING OFFICIAL DUTIES THEREAT. IN RETURNING TO HIS HEADQUARTERS FROM THE PLACE AT WHICH LEAVE WAS TAKEN. EXPENSES IN THE AMOUNT ACTUALLY INCURRED OR IN THE AMOUNT THAT WOULD HAVE BEEN INCURRED HAD HE RETURNED TO HEADQUARTERS FROM HIS TEMPORARY DUTY STATION.
B-161326, MAY 19, 1967
PRECIS-UNAVAILABLE
MAURICE W. SHERIDAN, UNITED STATES ATOMIC ENERGY COMMISSION:
WE REFER TO YOUR LETTER OF MARCH 31, 1967, REFERENCE FBD:ODK, REQUESTING A DECISION CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT RECLAIM VOUCHER FOR $11.81 IN FAVOR OF JOHN H. BRANDT, JR.
MR. BRANDT, WHOSE OFFICIAL STATION IS IN GRAND JUNCTION, COLORADO, AS ORDERED TO PERFORM TEMPORARY DUTY IN NEW YORK CITY AND IN CAMBRIDGE, OHIO, AND RETURN TO GRAND JUNCTION. ALSO, HE WAS AUTHORIZED 48 HOURS OF ANNUAL LEAVE PRIOR TO HIS RETURN TO GRAND JUNCTION.
AFTER COMPLETION OF TEMPORARY DUTY IN NEW YORK CITY THE EMPLOYEE TRAVELED TO ST. MICHAELS, MARYLAND, FOR THE PURPOSE OF TAKING LEAVE AND, THEREAFTER, FOLLOWING THE EXPIRATION OF SUCH LEAVE HE TRAVELED FROM ST. MICHAELS TO CAMBRIDGE, OHIO, VIA PRIVATELY OWNED AUTOMOBILE.
THE EMPLOYEE'S TRAVEL ORDER AUTHORIZED TRAVEL VIA COMMERCIAL AND/OR GOVERNMENT AIRCRAFT AND VIA PRIVATELY OWNED VEHICLE AT THE RATE OF 7 CENTS PER MILE BUT NOT TO EXCEED THE COST OF TRAVEL BY COMMON CARRIER.
THE EMPLOYEE WAS ALLOWED MILEAGE AT THE RATE OF 7 CENTS PER MILE FROM THE POINT OF LEAVE (ST. MICHAELS, MARYLAND) TO CAMBRIDGE, OHIO, IN THE AMOUNT OF $27.02 PLUS A $1 BRIDGE TOLL. THE EMPLOYEE CONTENDS THAT HE SHOULD HAVE BEEN ALLOWED CONSTRUCTIVE MILEAGE FROM NEW YORK CITY TO CAMBRIDGE, OHIO, IN THE AMOUNT OF $32.62 PLUS ONE CONSTRUCTIVE NIGHT'S LODGING AT $7.21 AND, THEREFORE, HE SUBMITTED THE RECLAIM FOR THE DIFFERENCE OF $11.81.
THE ADMINISTRATIVE DISALLOWANCE WAS PREDICATED PRIMARILY UPON THE FOLLOWING PROVISION APPEARING IN THE ATOMIC ENERGY COMMISSION MANUAL, APPENDIX 1501, PART V, SECTION J, WHICH READS AS FOLLOWS:
"J. LEAVE DURING PERIOD OF TEMPORARY DUTY
"IF AN EMPLOYEE PROCEEDS TO A POINT OF DUTY, PERFORMS DUTY, THEN TAKES ANNUAL LEAVE AND RETURNS TO HIS HEADQUARTERS FROM A POINT OTHER THAN THE TEMPORARY POST OF DUTY, TRAVELING EXPENSES INCLUDING PER DIEM ARE ALLOWABLE FROM HIS HEADQUARTERS TO THE TEMPORARY DUTY STATION AND WHILE PERFORMING OFFICIAL DUTIES THEREAT, AND, IN RETURNING TO HIS HEADQUARTERS FROM THE PLACE AT WHICH LEAVE WAS TAKEN, EXPENSES IN THE AMOUNT ACTUALLY INCURRED OR IN THE AMOUNT THAT WOULD HAVE BEEN INCURRED HAD HE RETURNED TO HEADQUARTERS FROM HIS TEMPORARY DUTY STATION, WHICHEVER IS SMALLER, ARE ALLOWABLE."
THE ABOVE-QUOTED PROVISION IS INCONSISTENT WITH THE FOLLOWING PROVISION APPEARING IN THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS:
"3.3. INDIRECT-ROUTE OR INTERRUPTED TRAVEL. - IN CASE A PERSON FOR HIS OWN CONVENIENCE TRAVELS BY AN INDIRECT ROUTE OR INTERRUPTS TRAVEL BY DIRECT ROUTE, THE EXTRA EXPENSE WILL BE BORNE BY HIM. ***."
IT CAN BE SEEN UNDER THE QUOTED SECTION 3.3 ONLY THE EXTRA EXPENSE INCURRED BY REASON OF AN INTERRUPTION OF AN OFFICIAL TRAVEL STATUS OR THE TRAVEL VIA AN INDIRECT ROUTE IS CHARGEABLE TO THE TRAVELER WHEREAS UNDER SECTION J OF THE COMMISSION'S REGULATIONS, QUOTED ABOVE, A TRAVELER IS NOT ENTITLED TO ANY PART OF THE COST OF TRAVELING TO A POINT OF LEAVE ALTHOUGH THE DISTANCE FROM THE POINT OF LEAVE TO THE TRAVELER'S OFFICIAL STATION OR NEXT TEMPORARY DUTY STATION IS SUBSTANTIALLY LESS THAN THE DISTANCE FROM THE LAST TEMPORARY DUTY STATION TO SUCH POINT.
WE UNDERSTAND INFORMALLY FROM OFFICIALS OF THE ATOMIC ENERGY COMMISSION, WASHINGTON, D. C., THAT THE PREVIOUSLY QUOTED SECTION OF ITS REGULATION WAS NOT INTENDED TO CREATE AN INCONSISTENCY WITH SECTION 3.3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AND THAT ACTION WILL BE TAKEN TO AMEND THE ATOMIC ENERGY COMMISSION REGULATIONS TO ELIMINATE THE INCONSISTENCY.
SINCE SECTION 3.3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, IS CONTROLLING IN DETERMINING THE EMPLOYEE'S ENTITLEMENT, IT APPEARS THAT THE LIMITATION APPLICABLE IN THE INSTANT CASE IS THE CONSTRUCTIVE COST OF AIR TRAVEL FROM NEW YORK CITY TO CAMBRIDGE, OHIO, PLUS CONSTRUCTIVE COST OF TAXI OR LIMOUSINE SERVICE FROM AIRPORT TO DUTY STATION AT CAMBRIDGE, PLUS CONSTRUCTIVE PER DIEM COVERING AIR TRAVEL TIME FROM NEW YORK CITY TO CAMBRIDGE. WE NOTE THAT THE AMOUNT CLAIMED ON THE RECLAIM VOUCHER PLUS THE AMOUNT PREVIOUSLY ALLOWED FOR THIS PORTION OF THE TRAVEL IS LESS THAN THE LIMITATION APPLICABLE UNDER SECTION 3.3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. THEREFORE, THE RECLAIM VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT.