B-176857, DEC 22, 1972
Highlights
THE TRANSFER IS EFFECTIVE ON THE DATE HE ACTUALLY ARRIVES AT THE NEW STATION. PROVIDING THE TEMPORARY DUTY IS TERMINATED BY A RETURN TO THE OLD STATION ON OFFICIAL BUSINESS PRIOR TO THE EFFECTIVE DATE OF THE TRANSFER. A LIMITED PERIOD OF TEMPORARY DUTY NOT EXTENDING TO APRIL 4 WAS INTENDED. PER DIEM WAS NOT AUTHORIZED FOR ANY PERIOD AFTER THE DATE ON WHICH IT BECAME APPARENT THAT MR. BANKS WAS ADVISED OF HIS TRANSFER FROM LOS ANGELES. BANKS WAS DETAILED TO REDDING BEGINNING MARCH 24. IT IS INDICATED IN THE MEMORANDUM OF THE SUPERVISOR INVOLVED. A COPY OF WHICH WAS FURNISHED WITH YOUR LETTER. THAT THIS DETAIL WAS NOT EXPECTED TO EXTEND TO THE DATE OF MR. BANKS' TRANSFER - PRESUMABLY HE WOULD HAVE RETURNED TO DUTY IN LOS ANGELES PRIOR TO THE DATE OF TRANSFER HAD THE ORIGINAL INTENTION BEEN CARRIED OUT.
B-176857, DEC 22, 1972
CIVILIAN EMPLOYEE - PER DIEM ENTITLEMENT - EFFECTIVE DATE OF TRANSFER DECISION REGARDING A COLLECTION VOUCHER TO RECOVER CERTAIN TRAVEL PER DIEM PAID TO DWIGHT L. BANKS, AN EMPLOYEE OF THE INTERNAL REVENUE SERVICE, FOR THE PERIOD MARCH 24, 1971, THROUGH APRIL 3, 1971. WHEN AN EMPLOYEE PERFORMS A PERIOD OR PERIODS OF TEMPORARY DUTY AT A DESIGNATED NEW OFFICIAL STATION BETWEEN THE TIME HE RECEIVES THE TRANSFER ORDERS AND THEIR EFFECTIVE DATE, THE TRANSFER IS EFFECTIVE ON THE DATE HE ACTUALLY ARRIVES AT THE NEW STATION, PROVIDING THE TEMPORARY DUTY IS TERMINATED BY A RETURN TO THE OLD STATION ON OFFICIAL BUSINESS PRIOR TO THE EFFECTIVE DATE OF THE TRANSFER. SEE B-139223, JUNE 15, 1959. APPEARS THAT WHEN MR. BANKS ARRIVED IN REDDING ON MARCH 24, A LIMITED PERIOD OF TEMPORARY DUTY NOT EXTENDING TO APRIL 4 WAS INTENDED. ACCORDINGLY, PER DIEM WAS NOT AUTHORIZED FOR ANY PERIOD AFTER THE DATE ON WHICH IT BECAME APPARENT THAT MR. BANKS' DETAIL WOULD NOT BE TERMINATED BY APRIL 4, AND COLLECTION OF SUCH PAYMENTS SHOULD BE EFFECTED. PAYMENTS MADE PRIOR TO THAT DATE NEED NOT BE COLLECTED.
TO MR. F. C. FENTON:
WE REFER TO YOUR LETTER OF AUGUST 14, 1972, YOUR REFERENCE AD:FFV, BY WHICH YOU REQUEST OUR DECISION AS TO WHETHER YOU MAY PROPERLY PROCESS THE COLLECTION VOUCHER ENCLOSED TO RECOVER CERTAIN TRAVEL PER DIEM PAID TO MR. DWIGHT L. BANKS, AN EMPLOYEE OF THE INTERNAL REVENUE SERVICE, TREASURY DEPARTMENT FOR THE PERIOD MARCH 24, 1971, THROUGH APRIL 3, 1971, UNDER THE FACTS SET FORTH BELOW.
BY TRAVEL AUTHORIZATION DATED MARCH 2, 1971, MR. BANKS WAS ADVISED OF HIS TRANSFER FROM LOS ANGELES, CALIFORNIA, TO REDDING, CALIFORNIA, TO BE EFFECTIVE APRIL 4, 1971. HOWEVER, AFTER RECEIVING THOSE ORDERS MR. BANKS WAS DETAILED TO REDDING BEGINNING MARCH 24, 1971, TO ASSIST THE OFFICE THERE IN HANDLING A HEAVY WORKLOAD. IT IS INDICATED IN THE MEMORANDUM OF THE SUPERVISOR INVOLVED, A COPY OF WHICH WAS FURNISHED WITH YOUR LETTER, THAT THIS DETAIL WAS NOT EXPECTED TO EXTEND TO THE DATE OF MR. BANKS' TRANSFER - PRESUMABLY HE WOULD HAVE RETURNED TO DUTY IN LOS ANGELES PRIOR TO THE DATE OF TRANSFER HAD THE ORIGINAL INTENTION BEEN CARRIED OUT. HOWEVER, THE HEAVY WORKLOAD IN REDDING DID NOT SUBSIDE AS EXPECTED WITH THE RESULT THAT MR. BANKS CONTINUED ON DETAIL IN THAT PLACE UNTIL THE EFFECTIVE DATE OF HIS TRANSFER. THERE IS NO INDICATION IN THE MATERIALS PRESENTED OF THE DATE ON WHICH IT BECAME APPARENT TO THE PERSONNEL INVOLVED, INCLUDING MR. BANKS, THAT HE WOULD NOT BE RETURNED TO LOS ANGELES PRIOR TO THE EFFECTIVE DATE OF HIS TRANSFER TO REDDING.
MR. BANKS SUBMITTED VOUCHERS AND WAS PAID PER DIEM AT THE APPLICABLE RATE FOR THE PERIOD MARCH 24 THROUGH APRIL 3, 1971. THE COLLECTION VOUCHER SUBMITTED IS FOR RECOVERY OF $183 REPRESENTING THE TRAVEL PER DIEM ALLOWED HIM FROM 6 P.M. MARCH 24 THROUGH APRIL 3, 1971.
IT HAS BEEN HELD THAT WHEN A CIVILIAN EMPLOYEE IS TRANSFERRED TO A PLACE AT WHICH HE IS ALREADY ON DUTY, THE TRANSFER IS EFFECTIVE ON THE DATE HE RECEIVES NOTICE THEREOF. HOWEVER, IF AN EMPLOYEE IS TRANSFERRED TO A PLACE WHERE HE IS NOT ON TEMPORARY DUTY, THE TRANSFER IS EFFECTIVE ON THE DATE HE ACTUALLY ARRIVES AT THE NEW STATION. 23 COMP. GEN. 342 (1943). THE LATTER RULE HAS NOT BEEN APPLIED WHEN AN EMPLOYEE PERFORMS A PERIOD OR PERIODS OF TEMPORARY DUTY AT HIS DESIGNATED NEW OFFICIAL STATION BETWEEN THE TIME HE RECEIVES THE TRANSFER ORDERS AND THE STATED EFFECTIVE DATE OF THOSE ORDERS IF SUCH PERIOD OR PERIODS OF TEMPORARY DUTY ARE TERMINATED BY A RETURN TO THE OLD STATION ON OFFICIAL BUSINESS PRIOR TO THE STATED EFFECTIVE DATE OF THE TRANSFER ORDERS. B-139223, JUNE 15, 1959; B-135690, MAY 8, 1958, COPIES ENCLOSED.
ON THE BASIS OF THE FACTS PROVIDED IT APPEARS THAT WHEN MR. BANKS ARRIVED IN REDDING ON MARCH 24, A LIMITED PERIOD OF TEMPORARY DUTY NOT EXTENDING TO APRIL 4 WAS CONTEMPLATED. IN THE CIRCUMSTANCES IT MAY REASONABLY BE CONSIDERED THAT HIS TRANSFER TO REDDING AND THE RESULTING LOSS OF HIS RIGHT TO PER DIEM AT THAT PLACE DID NOT BECOME EFFECTIVE WHEN HE ARRIVED THERE ON MARCH 24. HOWEVER, SINCE MR. BANKS HAD BEEN ADVISED THAT HE WOULD BE TRANSFERRED TO REDDING IT APPEARS THAT HIS TRANSFER TO THAT PLACE BECAME EFFECTIVE AND HIS RIGHT TO PER DIEM TERMINATED WHEN IT BECAME APPARENT TO THE INDIVIDUALS INVOLVED, INCLUDING MR. BANKS, THAT THE TEMPORARY DETAIL WOULD NOT BE TERMINATED AND THAT HE WOULD NOT BE RETURNED TO HIS OLD OFFICIAL STATION IN LOS ANGELES FOR DUTY PRIOR TO THE EFFECTIVE DATE OF HIS TRANSFER AS STATED IN THE ORDERS OF MARCH 2.
THEREFORE, YOU SHOULD ASCERTAIN, IF POSSIBLE THROUGH CONTACTING THE INDIVIDUALS INVOLVED, THE DATE ON WHICH IT BECAME APPARENT THAT MR. BANKS' DETAIL WOULD NOT BE TERMINATED BEFORE APRIL 4. PER DIEM PAID FOR ANY PERIOD BETWEEN THAT DATE AND APRIL 4, 1972, WHILE THE EMPLOYEE WAS ON DUTY IN REDDING PROPERLY SHOULD NOT HAVE BEEN ALLOWED AND SHOULD BE COLLECTED FROM MR. BANKS. PAYMENT OF PER DIEM ON OR PRIOR TO THAT DATE FOR DUTY IN REDDING NEED NOT BE QUESTIONED.
THE COLLECTION VOUCHER IS RETURNED FOR ACTION IN ACCORDANCE HEREWITH.