B-175427, APR 14, 1972

B-175427, APR 14, 1972

CIVILIAN EMPLOYEE - CANCELLATION OF TEMPORARY DUTY ASSIGNMENT - ENTITLEMENT TO PER DIEM AND TRAVEL ALLOWANCES CONCERNING WHETHER PER DIEM AND TRAVEL ALLOWANCES MAY BE PAID TO FRANCES M. PARKER FOR TRAVEL PERFORMED BY HER INCIDENT TO TRAVEL ORDERS AUTHORIZING TEMPORARY DUTY IN WASHINGTON, D.C. IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH C10102-7, JTR, THE COMP. GEN. HAS CONSISTENTLY HELD THAT AN EMPLOYEE WHO DEPARTS PREMATURELY PURSUANT TO PROPERLY AUTHORIZED LEAVE AND TRAVEL ORDERS SHOULD NOT BE PENALIZED BY REASON OF THE SUBSEQUENT CANCELLATION OF THE TEMPORARY DUTY ASSIGNMENT. B-171804, MARCH 2, 1971. ACCORDINGLY, IF IT IS ADMINISTRATIVELY DETERMINED THAT MRS. PARKER WOULD NOT HAVE UNDERTAKEN THE PREMATURE TRAVEL ON LEAVE HAD IT NOT BEEN FOR THE ORDERS TO UNDERTAKE THE OFFICIAL TRIP, SHE IS ENTITLED TO REIMBURSEMENT FOR THE TRAVEL EXPENSES AND PER DIEM CLAIMED.

TO MR. ARNE A. NIEMI:

YOUR LETTER OF MARCH 8, 1972, REFERENCE DLSC-FFC, WITH ENCLOSURES, REQUESTS OUR DETERMINATION AS TO WHETHER PER DIEM AND TRAVEL ALLOWANCES MAY BE PAID TO MRS. FRANCES M. PARKER FOR TRAVEL PERFORMED BY HER INCIDENT TO TRAVEL ORDERS AUTHORIZING TEMPORARY DUTY IN WASHINGTON, D.C.

TRAVEL ORDER DL478-72, DATED FEBRUARY 17, 1972, WAS ISSUED TO MRS. PARKER IN ORDER FOR HER TO ATTEND A MEETING TO BE HELD ON FEBRUARY 22, 1972, IN WASHINGTON, D.C. A TRANSPORTATION REQUEST WAS ISSUED FOR HER AIR TRAVEL. THE TRAVEL ORDER INDICATES THAT MRS. PARKER WAS AUTHORIZED ANNUAL LEAVE FOR FEBRUARY 18, 1972, AND SHE DEPARTED FOR WASHINGTON, D.C., ON THAT DAY FOR PERSONAL CONVENIENCE. IT IS NOTED THAT FEBRUARY 21 WAS AN OFFICIAL GOVERNMENT HOLIDAY. YOU INDICATE THAT ON FEBRUARY 18, BUT SUBSEQUENT TO MRS. PARKER'S DEPARTURE, HER OFFICE WAS ADVISED THAT THE MEETING WAS POSTPONED UNTIL THE FOLLOWING WEEK. MRS. PARKER WAS NOT ADVISED OF THE POSTPONEMENT UNTIL AFTER HER ARRIVAL AT THE TEMPORARY DUTY STATION. OUR DETERMINATION AS TO MRS. PARKER'S ENTITLEMENT TO THE PAYMENT OF PER DIEM AND TRAVEL EXPENSES IS SOUGHT IN VIEW OF THE PROVISIONS SET FORTH IN PARAGRAPH C10102-7 OF THE JOINT TRAVEL REGULATIONS (JTR). THAT PARAGRAPH PROVIDES:

"7. CANCELLATION OF TEMPORARY DUTY ORDERS AFTER COMMENCEMENT OF TRAVEL AND WHILE ON AUTHORIZED LEAVE. WHEN AN EMPLOYEE IS ON LEAVE EN ROUTE TO A TEMPORARY DUTY STATION AND THE TRAVEL ORDERS AUTHORIZING THE TEMPORARY DUTY ARE CANCELED, HE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED, PROVIDED THAT THE ORDERS ARE CANCELED ON OR AFTER THE DATE TRAVEL WAS REQUIRED TO BE PERFORMED. IN SUCH CASE, THE ALLOWANCES PAYABLE WILL NOT EXCEED THE CONSTRUCTIVE ALLOWANCES THAT WOULD HAVE BEEN PAYABLE FOR TRAVEL FROM THE PERMANENT DUTY STATION TO THE TEMPORARY DUTY STATION AND RETURN OVER A USUALLY TRAVELED DIRECT ROUTE, PROVIDED THAT OFFICIAL TRAVEL TO THE TEMPORARY DUTY STATION WAS AUTHORIZED PRIOR TO DEPARTURE ON ANNUAL LEAVE."

WE ALSO NOTE THAT PARAGRAPH C1001 OF THOSE REGULATIONS PROVIDES, IN PART, THAT PROVISIONS OF THE JTR ARE BASED ON THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND THE APPROPRIATE DECISIONS OF THE COMPTROLLER GENERAL OF THE UNITED STATES.

WE HAVE CONSISTENTLY HELD THAT WHEN AN EMPLOYEE ASSIGNED TO TEMPORARY DUTY DEPARTS PREMATURELY FOR LEAVE PURPOSES PURSUANT TO PROPERLY AUTHORIZED LEAVE AND TRAVEL ORDERS AND IT IS SHOWN THAT HAD HE NOT BEEN ORDERED TO UNDERTAKE THE OFFICIAL TRIP HE WOULD NOT HAVE PERFORMED THE TRAVEL TO THE LEAVE POINT, HE SHOULD NOT BE PENALIZED BY REASON OF THE SUBSEQUENT CANCELLATION OF THE TEMPORARY DUTY ASSIGNMENT. 36 COMP. GEN. 421 (1956); 30 COMP. GEN. 56 (1950); B-171804, MARCH 2, 1971; B 117506, DECEMBER 11, 1953. AN INTERPRETATION OF THE CITED PARAGRAPH OF THE JTR CONSISTENT WITH THOSE DECISIONS WOULD ALLOW THE PAYMENT OF AN EMPLOYEE'S TRAVEL EXPENSES UNDER CIRCUMSTANCES SUCH AS HERE INVOLVED WHERE THE LEAVE WAS PROPERLY AUTHORIZED IN ADVANCE AND NOTED ON THE TRAVEL ORDERS. THE REQUIRED TRAVEL REFERRED TO IN THE JTR MAY PROPERLY BE VIEWED AS COMMENCING ON THE DAY THAT THE EMPLOYEE LEFT EN ROUTE TO HIS TEMPORARY DUTY STATION IF IT IS SHOWN THAT HE WOULD NOT HAVE UNDERTAKEN THE TRIP BUT FOR THE ISSUANCE OF THE OFFICIAL TRAVEL ORDERS.

ACCORDINGLY, YOU ARE ADVISED THAT IF IT IS ADMINISTRATIVELY DETERMINED THAT MRS. PARKER WOULD NOT HAVE UNDERTAKEN THE PREMATURE TRAVEL ON LEAVE HAD IT NOT BEEN FOR THE ORDERS TO UNDERTAKE THE OFFICIAL TRIP, SHE IS ENTITLED TO BE REIMBURSED FOR THE TRAVEL EXPENSES AND PER DIEM ON THE BASIS AUTHORIZED BY THE CITED JTR.

YOUR ENCLOSURES ARE RETURNED HEREWITH AND PAYMENT IS AUTHORIZED IN THE AMOUNT DETERMINED TO BE DUE. DIEM FOR ANY PORTION OF THE PERIOD OF DUTY AT SUCH STATION.

ACCORDINGLY, PAYMENT OF THE VOUCHER IS NOT AUTHORIZED AND IT WILL BE RETAINED HERE.