B-161873, JULY 18, 1967, 47 COMP. GEN. 59

B-161873, JULY 18, 1967, 47 COMP. GEN. 59

TRAVEL EXPENSES - ILLNESS - OTHER THAN EMPLOYEE AN EMPLOYEE WHO UPON ARRIVAL AT HIS TEMPORARY DUTY STATION--- A SCIENTIFIC CONFERENCE--- ABANDONS HIS OFFICIAL TRAVEL DUE TO A DEATH IN HIS FAMILY IS NOT ENTITLED TO THE TRAVEL AND TRANSPORTATION EXPENSES INCURRED IN RETURNING TO HEADQUARTERS, NOTWITHSTANDING THE EMPLOYEE WAS DIRECTED BY HIS SUPERIOR TO RETURN, OR THAT HE ARRANGED TO HAVE THE EMPLOYEE OF ANOTHER GOVERNMENT AGENCY ATTENDING THE CONFERENCE SUBMIT A REPORT TO HIS AGENCY, AND THE EMPLOYEE HAVING ABANDONED THE ASSIGNMENT FOR PERSONAL REASONS, THE COST OF HIS RETURN TRAVEL IS WITHIN THE SCOPE OF THE LONGSTANDING RULE THAT WHEN AN EMPLOYEE ABANDONS HIS OFFICIAL TRAVEL STATUS BECAUSE OF DEATH OR ILLNESS OF A MEMBER OF HIS FAMILY HE MAY BE REIMBURSED ONLY THE COST OF OFFICIAL TRAVEL TO THE POINT OF ABANDONMENT.

TO THE DIRECTOR, NATIONAL SCIENCE FOUNDATION, JULY 18, 1967:

WE REFER TO LETTER OF JUNE 22, 1967, FROM THE ACTING DIRECTOR, REQUESTING THAT WE RECONSIDER THE RULE ENUNCIATED IN PRIOR DECISIONS OF OUR OFFICE (23 COMP. GEN. 237; 32 ID. 571, AND SIMILAR DECISIONS) HOLDING THAT WHEN AN EMPLOYEE ABANDONS HIS OFFICIAL TRAVEL STATUS BECAUSE OF DEATH OR ILLNESS OF A MEMBER OF HIS FAMILY HE MAY BE REIMBURSED ONLY THE COST OF OFFICIAL TRAVEL TO THE POINT OF ABANDONMENT.

THE SPECIFIC CASE REFERRED TO IN THE ACTING DIRECTOR'S LETTER IS THAT OF DR. ANDREW W. SWAGO, AN EMPLOYEE OF THE NATIONAL SCIENCE FOUNDATION. APRIL 3, 1967, A TRAVEL AUTHORIZATION WAS ISSUED TO DR. SWAGOAUTHORIZING HIM TO TRAVEL FROM WASHINGTON, D.C. TO TUCSON, ARIZONA AND RETURN. THE TRAVEL WAS TO BEGIN ON APRIL 5 AND END ON APRIL 7. THE PURPOSE OF THE TRIP WAS TO ATTEND A CONFERENCE CONCERNING ORBITING ASTRONOMICAL OBSERVATORY (OAE) SATELLITE TO BE HELD AT KITT PEAK NATIONAL OBSERVATORY HEADQUARTERS ON APRIL 6, 1967. DR. SWAGO WAS ONE OF TWELVE PARTICIPANTS FROM VARIOUS GOVERNMENT AGENCIES, UNIVERSITIES, AND RESEARCH ORGANIZATIONS INVITED TO ATTEND THE CONFERENCE.

ON APRIL 5 DR. SWAGO LEFT WASHINGTON, D.C., AT 12:05 P.M. AND ARRIVED AT TUCSON AT 4:45 P.M. AT 9 P.M. HE RECEIVED A NOTIFICATION OF THE DEATH OF HIS STEPMOTHER IN NEW ORLEANS. LATER THAT EVENING HE CONTACTED HIS SUPERVISOR WHO DIRECTED HIM TO ABANDON HIS ASSIGNMENT IN TUCSON AND ATTEND TO HIS PERSONAL BUSINESS. DR. SWAGO LEFT TUCSON AT 2:45 A.M. ON APRIL 6 AND ARRIVED IN WASHINGTON AT 10:30 A.M. THE SAME DAY.

DR. SWAGO DID NOT ATTEND THE CONFERENCE HE WAS SENT TO TUCSON, ARIZONA, TO ATTEND ALTHOUGH HE DID ARRANGE FOR AN EMPLOYEE OF ANOTHER GOVERNMENT AGENCY WHO ATTENDED THE CONFERENCE TO SUBMIT A REPORT ON THE CONFERENCE TO THE NATIONAL SCIENCE FOUNDATION. THE FOUNDATION'S LETTER INDICATES THAT UNDER SUCH CIRCUMSTANCES DR. SWAGO'S ASSIGNMENT MIGHT BE REGARDED AS HAVING BEEN SUBSTANTIALLY COMPLETED. THE FOUNDATION'S LETTER ALSO EMPHASIZES THAT WHEN DR. SWAGO ADVISED HIS SUPERVISOR OF THE DEATH OF HIS STEPMOTHER HE WAS DIRECTED BY HIS SUPERVISOR TO ABANDON THE TEMPORARY ASSIGNMENT.

BASED UPON THE FOREGOING FACTS AND CONSIDERATIONS THE FOLLOWING SPECIFIC QUESTIONS ARE PRESENTED FOR DECISION:

"/1) MAY THE SUSPENSION FOR DR. SWAGO'S RETURN TRAVEL AND TRANSPORTATION EXPENSES BE REMOVED?

"/2) IN FUTURE CASES WHERE ILLNESS OR DEATH NECESSITATES ABANDONMENT OF TRAVEL, MAY THE RETURN TRANSPORTATION EXPENSES OF THE EMPLOYEE BE ALLOWED IF

"/A) THE EMPLOYEE IS DIRECTED TO RETURN TO HIS HEADQUARTERS, OR

"/B) THE REASONS GIVEN BY THE EMPLOYEE FOR RETURNING TO HEADQUARTERS ARE ACCEPTABLE TO THE AGENCY?

"/3) WOULD YOUR OFFICE BE FORCED TO OBJECT TO THE FOLLOWING PROPOSED NSF TRAVEL REGULATION PERTAINING TO SITUATIONS SIMILAR TO THE SWAGO SITUATION:

-IN THE EVENT AN EMPLOYEE WHO IS AWAY FROM HIS REGULAR DUTY POST ON OFFICIAL TRAVEL IS NOTIFIED OF THE DEATH OR SERIOUS ILLNESS OF A MEMBER OF HIS IMMEDIATE FAMILY, HE IS AUTHORIZED TO ABANDON HIS TRAVEL AND PROCEED TO THE POINT WHERE HIS PRESENCE IS REQUIRED. IN SUCH INSTANCES THE EMPLOYEE SHOULD, TO THE EXTENT FEASIBLE, ARRANGE FOR PERFORMANCE OF HIS DUTIES BY OTHER NSF REPRESENTATIVES WHO MAY BE PRESENT AT THE TEMPORARY DUTY STATION. THE COST OF TRAVEL TO HIS REGULAR DUTY POST WILL BE PAID IF HE IS DIRECTED TO RETURN BY HIS IMMEDIATE SUPERIOR OR IF THE REASON GIVEN BY THE EMPLOYEE FOR ABANDONING TRAVEL IS ACCEPTABLE TO THE AGENCY.-"

THE MERE FACT THAT BEFORE LEAVING TUCSON DR. SWAGO ARRANGED FOR AN EMPLOYEE OF ANOTHER AGENCY TO SUBMIT A REPORT OF THE CONFERENCE TO THE NATIONAL SCIENCE FOUNDATION DOES NOT, IN OUR OPINION, CONSTITUTE A SUBSTANTIAL COMPLETION OF DR. SWAGO'S ASSIGNMENT IN TUCSON. ON THE CONTRARY IT APPEARS THAT DR. SWAGO PERFORMED LITTLE OR NO PART OF SUCH ASSIGNMENT.

IF DR. SWAGO HAD BEEN DIRECTED TO ABANDON HIS TEMPORARY ASSIGNMENT IN TUCSON AND RETURN TO WASHINGTON FOR OFFICIAL PURPOSES, THERE IS NO DOUBT THAT HE PROPERLY COULD HAVE BEEN REIMBURSED FOR THE ROUND TRIP TRAVEL BETWEEN WASHINGTON AND TUCSON DESPITE THE FACT THAT HE MAY NOT HAVE COMPLETED THE CONTEMPLATED ASSIGNMENT IN TUCSON. HOWEVER, HE WAS NOT DIRECTED TO CUT SHORT HIS ASSIGNMENT IN TUCSON FOR OFFICIAL REASONS. THE SOLE BASIS FOR TERMINATING HIS ASSIGNMENT WAS PERSONAL. THEREFORE, DESPITE THE FACT THAT HE MAY HAVE BEEN DIRECTED TO ABANDON SUCH TEMPORARY ASSIGNMENT HE WOULD NOT BE ENTITLED TO TRAVEL OR SUBSISTENCE AT GOVERNMENT EXPENSE AFTER ABANDONMENT OF THE OFFICIAL ASSIGNMENT. SEE DECISION OF APRIL 20, 1966, B-158657, COPY ENCLOSED. ALSO SEE, GENERALLY, 41 COMP. GEN. 573. THE FIRST QUESTION, THEREFORE, IS ANSWERED IN THE NEGATIVE.

THE SECOND QUESTION RELATES TO POSSIBLE FUTURE SITUATIONS SIMILAR TO THAT OF DR. SWAGO'S CASE. THEREFORE, AND IN ACCORDANCE WITH THE ANSWER TO QUESTION ONE, THIS QUESTION TOO MUST BE ANSWERED IN THE NEGATIVE.

IN LINE WITH THE FOREGOING, OUR OFFICE WOULD BE REQUIRED TO OBJECT TO THE PROMULGATION OF THE PROPOSED REGULATION QUOTED IN QUESTION THREE.