B-166379, APR. 10, 1969

B-166379, APR. 10, 1969

TO MR. DANIEL P. O-KEEFE:

THIS REFERS TO YOUR LETTER OF DECEMBER 4, 1968, WITH ENCLOSURE, FORWARDED HERE BY THE FINANCE CENTER, U.S. ARMY, ON JANUARY 27, 1969, REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF JUNE 6, 1968, WHICH AUTHORIZED PAYMENT TO YOU OF $82.45 AS PART OF THE AMOUNT CLAIMED BY YOU INCIDENT TO TRAVEL FOR HOME LEAVE AND PERMANENT CHANGE OF STATION.

THE RECORD SHOWS THAT YOUR HEADQUARTERS WAS PARIS, FRANCE, AND YOU RETURNED TO LOS ANGELES, CALIFORNIA, ON HOME LEAVE. RETURNING TO YOUR HEADQUARTERS YOU LEFT LOS ANGELES BY PLANE AT 1 P.M. OCTOBER 4, 1966, TRAVELING BY WAY OF PHILADELPHIA, PENNSYLVANIA, AND MCGUIRE AIR FORCE BASE, NEW JERSEY, ARRIVING IN PARIS OCTOBER 6, 1966. YOU CLAIMED $70 FOR EXPENSES, MEALS AND ACCOMMODATIONS. YOU WERE ALLOWED $30 PER DIEM FOR YOURSELF ON THE BASIS OF 2-1/2 DAYS TRAVEL AS PERFORMED. SECTION 7 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, PROVIDES THAT INCIDENT TO TRAVEL AND TRANSPORTATION IN CONNECTION WITH LEAVE FOR RETURNING TO PLACE OF RESIDENCE BETWEEN TOURS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES AN EMPLOYEE AND HIS IMMEDIATE FAMILY SHALL BE ALLOWED EXPENSES OF TRAVEL FOR THE ROUND TRIP. THESE ALLOWANCES ARE SUBJECT TO THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND ARE LIMITED TO PER DIEM IN LIEU OF SUBSISTENCE AND TRANSPORTATION COSTS FOR THE EMPLOYEE AND TRANSPORTATION COSTS (BUT NOT PER DIEM IN LIEU OF SUBSISTENCE) FOR HIS IMMEDIATE FAMILY. THUS, THERE WAS NO AUTHORITY TO ALLOW PER DIEM IN LIEU OF SUBSISTENCE FOR YOUR FAMILY INCIDENT TO THE TRAVEL.

YOU WERE ALLOWED THE TAXICAB FARES AND BAGGAGE HANDLING AT LOS ANGELES, PHILADELPHIA AND PARIS AS CLAIMED WITH THE EXCEPTION OF $14 CLAIMED AS TAXICAB FARE AT MCGUIRE AFB. OF THIS AMOUNT YOU WERE ALLOWED $6.60 WHICH IS THE MAXIMUM AUTHORIZED BY PARAGRAPH 3.1B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS THEN IN EFFECT UNLESS A LARGER AMOUNT IS APPROVED BY YOUR AGENCY. THERE IS NO RECORD OF ANY SUCH APPROVAL. YOU WERE ALSO ALLOWED AN ADDITIONAL TAXICAB FARE OF $6.60 AT PARIS.

AS STATED IN OUR SETTLEMENT OF JUNE 6, 1968, THERE IS NO LEGAL BASIS FOR AUTHORIZING TEMPORARY QUARTERS ALLOWANCE EITHER AT PARIS OR VERDUN SINCE SECTION 2.5B OF CIRCULAR NO. A-56 LIMITS SUCH ALLOWANCES TO THOSE EMPLOYEES OCCUPYING TEMPORARY QUARTERS WHEN THE NEW OFFICIAL STATION IS LOCATED IN THE 50 STATES, THE DISTRICT OF COLUMBIA, UNITED STATES TERRITORIES AND POSSESSIONS, THE COMMONWEALTH OF PUERTO RICO AND THE CANAL ZONE. NEITHER WOULD YOU BE ENTITLED TO TEMPORARY LODGING ALLOWANCE UNDER SECTION 124 OF THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS) AT PARIS OR VERDUN AS THAT SECTION PROVIDES BEFORE TEMPORARY LODGING ALLOWANCE MAY BE ALLOWED THE HEAD OF THE AGENCY MUST DETERMINE THAT IT WAS NECESSARY FOR AN EMPLOYEE TO OCCUPY TEMPORARY QUARTERS IMMEDIATELY PRECEDING FINAL DEPARTURE FROM THE POST. THERE HAS BEEN NO SUCH DETERMINATION MADE BY THE HEAD OF THE AGENCY. ON THE CONTRARY THE ADMINISTRATIVE OFFICE RECOMMENDED DISALLOWANCE OF YOUR CLAIM.

CONCERNING THE PART OF YOUR CLAIM FOR LONG DISTANCE TELEPHONE CALLS MADE BY YOU INCIDENT TO RETURN TO YOUR OVERSEAS STATION, 31 U.S.C. 680A PROVIDES THAT ALL PAYMENTS FOR LONG DISTANCE TELEPHONE TOLLS SHALL BE SUPPORTED BY A CERTIFICATE BY THE HEAD OF THE DEPARTMENT ESTABLISHMENT, OR AGENCY CONCERNED, OR SUCH SUBORDINATES AS HE MAY DESIGNATE, THAT THE USE OF THE TELEPHONE IN SUCH INSTANCES WAS NECESSARY IN THE INTEREST OF THE GOVERNMENT. IN THE ABSENCE OF SUCH A CERTIFICATE, WE ARE WITHOUT AUTHORITY TO AUTHORIZE REIMBURSEMENT FOR THE LONG DISTANCE TELEPHONE CALLS.

IN VIEW OF THE FOREGOING, THE DISALLOWANCE OF THE ITEMS PREVIOUSLY REFERRED TO MUST BE SUSTAINED.