B-168362, DEC. 16, 1969

B-168362, DEC. 16, 1969

TRAVEL EXPENSES--FIRST DUTY STATION--TEMPORARY DUTY PRIOR TO REPORTING EMPLOYEE WHO PERFORMED TEMPORARY DUTY EN ROUTE TO FIRST PERMANENT DUTY STATION MAY NOT BE REIMBURSED FOR COST OF TRAVEL FROM HOME (SIOUX CITY, IOWA) TO FIRST PERMANENT DUTY STATION (SAN DIEGO, CALIF.) SINCE IT IS WELL -ESTABLISHED RULE THAT NEWLY APPOINTED EMPLOYEE MUST BEAR EXPENSE OF REPORTING TO FIRST PERMANENT OFFICIAL DUTY STATION AND IF NEW APPOINTEE IS REQUIRED TO PERFORM TEMPORARY DUTY EN ROUTE HE IS ENTITLED TO COMPENSATION FOR TRANSPORTATION EXPENSE INCURRED BECAUSE OF TEMPORARY DUTY ONLY TO EXTENT THAT EXPENSES INCURRED ARE IN EXCESS OF EXPENSES WHICH WOULD HAVE INCURRED HAD EMPLOYEE GONE DIRECTLY FROM HOME TO FIRST PERMANENT DUTY STATION.

TO MR. MELVIN W. FETTERMAN:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 12, 1969, TO THE NAVY REGIONAL FINANCE CENTER, FORWARDED HERE ON OCTOBER 20, 1969, REQUESTING RECONSIDERATION OF THE DEDUCTION OF $112.95, REPRESENTING CONSTRUCTIVE COST OF TRAVEL FROM YOUR HOME TO YOUR OFFICIAL HEADQUARTERS, IN THE SETTLEMENT OF YOUR CLAIM FOR REIMBURSEMENT OF TRAVEL EXPENSES IN CONNECTION WITH TEMPORARY DUTY PERFORMED BY YOU FROM APRIL 9, 1968, TO JUNE 3, 1968.

IT IS A WELL-ESTABLISHED RULE THAT A NEWLY APPOINTED EMPLOYEE MUST BEAR THE EXPENSES OF REPORTING TO HIS FIRST PERMANENT OFFICIAL DUTY STATION. 30 COMP. GEN. 373 (1951). THE REASON FOR THIS RULE IS THAT THE PLACING OF ONESELF AT THE STATION WHERE HIS WORK REQUIRES HIM TO BE IS ONE OF THE BURDENS OF QUALIFYING FOR EMPLOYMENT. 22 COMP. GEN. 869 (1943). IF A NEW APPOINTEE IS REQUIRED TO PERFORM TEMPORARY DUTY EN ROUTE TO HIS FIRST PERMANENT OFFICIAL DUTY STATION, HE IS ENTITLED TO COMPENSATION FOR THE TRANSPORTATION EXPENSE INCURRED BECAUSE OF TEMPORARY DUTY. HOWEVER, THE EMPLOYEE MAY BE REIMBURSED ONLY TO THE EXTENT THAT THE EXPENSES INCURRED BECAUSE OF THE TEMPORARY DUTY ARE IN EXCESS OF THE EXPENSES WHICH WOULD HAVE BEEN INCURRED HAD THE EMPLOYEE GONE DIRECTLY FROM HIS HOME TO THE PLACE FIXED AS HIS FIRST PERMANENT DUTY STATION. JTR C3006; 10 COMP. GEN. 222 (1930).

IN THE PRESENT INSTANCE THE BURDEN OF THE TRANSPORTATION EXPENSES INVOLVED IN REPORTING FROM YOUR HOME, SIOUX CITY, IOWA, TO YOUR FIRST PERMANENT DUTY STATION, SAN DIEGO, CALIFORNIA, WAS UPON YOU. HOWEVER, WHILE STILL IN SIOUX CITY, IOWA, AND PRIOR TO REPORTING TO SAN DIEGO, CALIFORNIA, YOU WERE ORDERED TO REPORT TO ORANGE, TEXAS, FOR TRAINING. AFTER YOUR TRAINING IN TEXAS WAS COMPLETED, YOU WERE ORDERED TO TRAVEL TO VALLEJO, CALIFORNIA, FOR TEMPORARY DUTY THERE. AFTER YOUR ARRIVAL AT VALLEJO, CALIFORNIA, AND BEFORE REPORTING TO YOUR PERMANENT DUTY STATION, YOU RESIGNED.

REIMBURSEMENT WAS PROPER FOR THE ADDITIONAL TRANSPORTATION EXPENSES INCURRED BY YOU BECAUSE OF YOUR TEMPORARY DUTY ASSIGNMENTS IN ORANGE, TEXAS, AND VALLEJO, CALIFORNIA; HOWEVER, FROM THIS AMOUNT THERE WAS DEDUCTED $112.95, THE AMOUNT IT WOULD HAVE COST YOU TO TRAVEL DIRECTLY FROM SIOUX CITY, IOWA, TO YOUR FIRST PERMANENT OFFICIAL DUTY STATION, SAN DIEGO, CALIFORNIA.

AS PREVIOUSLY INDICATED THE FACT THAT YOU PERFORMED TEMPORARY DUTY EN ROUTE TO YOUR PERMANENT DUTY STATION DID NOT RELIEVE YOU OF THE OBLIGATION FOR THE EXPENSES THAT WOULD HAVE BEEN INCURRED HAD YOU TRAVELED DIRECTLY FROM YOUR HOME TO YOUR PERMANENT DUTY STATION. ACCORDINGLY, THE ACTION IN DEDUCTING $112.95 FROM THE AMOUNT OTHERWISE DUE YOU FOR TRAVELING EXPENSES MUST BE AFFIRMED.