B-179131, SEP 27, 1973

B-179131, SEP 27, 1973

RECLAIM VOUCHER FOR $178.20 REPRESENTING THE AMOUNT, WHICH WAS DISALLOWED PREVIOUSLY, FOR TRAVEL EXPENSES FROM HIS TEMPORARY DUTY STATION TO HIS PERMANENT DUTY STATION AND RETURN ON CERTAIN WORKDAYS IN MARCH 1973, FOR MR. GORDON B. THOMAS. THERE IS NO EVIDENCE OF RECORD THAT MR. THOMAS WAS REQUIRED TO RETURN TO HIS OFFICIAL STATION ON NONWORKDAYS.

TO MR. HERMAN E. GARY:

WE REFER TO YOUR LETTER OF JULY 3, 1973, REQUESTING OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT THE ENCLOSED RECLAIM VOUCHER OF MR. GORDON B. THOMAS, AN EMPLOYEE OF YOUR AGENCY, FOR $178.20 REPRESENTING THE AMOUNT, WHICH WAS DISALLOWED PREVIOUSLY, FOR TRAVEL EXPENSES FROM HIS TEMPORARY DUTY STATION TO HIS PERMANENT DUTY STATION AND RETURN ON CERTAIN NONWORKDAYS IN MARCH 1973.

THE RECORD SHOWS THAT MR. THOMAS' OFFICIAL DUTY STATION IS TOLEDO, OHIO, AND THAT UNDER BLANKET TRAVEL ORDER NO. 730127 DATED JUNE 30, 1972, HE WAS DETAILED TO WASHINGTON, D.C., IN FEBRUARY 1973 FOR TEMPORARY DUTY.

THE RECLAIM VOUCHER SHOWS THAT MR. THOMAS TRAVELED TO TOLEDO, OHIO, ON TWO OCCASIONS DURING THE MONTH OF MARCH ON NONWORKDAYS COVERING THE WEEKENDS OF MARCH 2 THROUGH MARCH 4 AND MARCH 23 THROUGH MARCH 25 AND THAT HIS TRAVEL EXPENSES WERE IN THE AMOUNT OF $253.20. YOU ALLOWED $75 AS A CREDIT FOR PER DIEM IN LIEU OF TRAVEL EXPENSES AND DISALLOWED $178.20 UNDER THE PROVISIONS OF SECTION 6.5C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS (SGTR) WHICH WERE IN EFFECT AT THE TIME THE TEMPORARY DUTY AND THE TRAVEL TOOK PLACE. MR. THOMAS RECLAIMS THE AMOUNT DISALLOWED ON THE GROUND THAT HIS TRAVEL TO TOLEDO WAS AUTHORIZED.

SECTION 6.5C OF SGTR PROVIDES AS FOLLOWS:

"C. RETURN TO OFFICIAL STATION ON NONWORKDAYS. AT THE DISCRETION OF THE ADMINISTRATIVE OFFICIALS A TRAVELER MAY BE REQUIRED TO RETURN TO HIS OFFICIAL STATION FOR NONWORKDAYS. IN CASES OF VOLUNTARY RETURN OF A TRAVELER FOR NONWORKDAYS TO HIS OFFICIAL STATION, OR HIS PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION, THE REIMBURSEMENT ALLOWABLE FOR THE ROUND TRIP TRANSPORTATION AND PER DIEM EN ROUTE WILL NOT EXCEED THE PER DIEM AND ANY TRAVEL EXPENSE WHICH WOULD HAVE BEEN ALLOWABLE HAD THE TRAVELER REMAINED AT HIS TEMPORARY DUTY STATION."

THERE IS NO EVIDENCE OF RECORD THAT MR. THOMAS WAS REQUIRED TO RETURN TO HIS OFFICIAL STATION ON NONWORKDAYS. THEREFORE, YOUR ACTION ON THE ORIGINAL VOUCHER IN LIMITING HIS PAYMENT TO THE PER DIEM HE WOULD HAVE BEEN ENTITLED TO IF HE HAD REMAINED AT HIS TEMPORARY DUTY STATION WAS CORRECT. SEE B-176706, OCTOBER 13, 1972, COPY ENCLOSED. ACCORDINGLY, THE RECLAIM VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.

WE NOTE THAT MR. THOMAS STATES THAT HE HAS BEEN REIMBURSED FOR HIS FEBRUARY TRIPS TO OHIO EVEN THOUGH THEY WERE NOT DIFFERENT FROM THE TRIPS IN MARCH WHICH ARE THE SUBJECT OF HIS RECLAIM VOUCHER. THE RECORD BEFORE US IS INCOMPLETE TO SUBSTANTIATE THE EMPLOYEE'S STATEMENT. HOWEVER IF HIS FEBRUARY TRIPS TO OHIO WERE IN FACT NO DIFFERENT THAN THE MARCH TRIPS AND HE HAS BEEN REIMBURSED FOR THEM, HIS FEBRUARY TRAVEL VOUCHER SHOULD BE REVIEWED AND, IF NECESSARY, COLLECTION PROCEEDINGS SHOULD BE STARTED.