B-180736, JUN 18, 1974

B-180736, JUN 18, 1974

ALTHOUGH EMPLOYEE'S FAMILY, INCIDENT TO HIS TRANSFER FROM WAKE ISLAND TO KWAJALEIN, TRAVELED BY AN INDIRECT ROUTE AND INCURRED ADDITIONAL EXPENSES BY THEIR DELAY, EMPLOYEE'S TRAVEL VOUCHER FOR ADDITIONAL 15 DAYS PER DIEM FOR HIS FAMILY MAY BE PAID SINCE THE INDIRECT TRAVEL AND DELAY WAS CAUSED BY THE GOVERNMENT IN REQUIRING THE FAMILY TO LEAVE WAKE ISLAND BEFORE QUARTERS IN KWAJALEIN WERE AVAILABLE AND WAS NOT FOR THE PERSONAL CONVENIENCE OF EMPLOYEE OR HIS FAMILY. SEE COMP. GEN. DECS. CITED.

TO MR. KIYOJI TOMITA:

THIS ACTION IS MADE AT THE REQUEST OF MR. C. J. TERRY, AN AUTHORIZED CERTIFYING OFFICER, FOR AN ADVANCE DECISION AS TO WHETHER HE MAY CERTIFY FOR PAYMENT A TRAVEL VOUCHER FOR PER DIEM FOR THE EMPLOYEE'S FAMILY WHO DEVIATED FROM THE DIRECT ROUTE WHILE PROCEEDING FROM THE EMPLOYEE'S OLD STATION TO HIS NEW STATION INCIDENT TO HIS TRANSFER.

THE RECORD INDICATES THAT MR. KIYOJI TOMITA, AN EMPLOYEE OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AT WAKE ISLAND, WAS NOTIFIED THAT HIS JOB WOULD BE ABOLISHED EFFECTIVE JULY 15, 1973. THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OFFERED MR. TOMITA A PERMANENT CHANGE OF STATION TO KWAJALEIN, AVAILABLE AUGUST 6, 1973, WHICH HE ACCEPTED. THE PACIFIC REGION HEADQUARTERS OF THE NATIONAL WEATHER SERVICE ORDERED MR. TOMITA TO REMAIN ON WAKE ISLAND IN HIS CAPACITY AS METEROLOGIST IN CHARGE UNTIL JULY 15, 1973. THE UNITED STATES AIR FORCE, HOST AGENCY AT WAKE ISLAND, ORDERED ALL DEPENDENTS OFF WAKE ISLAND BY MIDNIGHT OF JUNE 30, 1973, PURSUANT TO A CHANGE IN THE AIR FORCE'S OCCUPANCY REGULATIONS FOR WAKE ISLAND FROM ACCOMPANIED (FAMILY) TO UNACCOMPANIED (BACHELOR) STATUS. MR. TOMITA'S FAMILY DEPARTED FOR HONOLULU JUNE 29, 1973, ON THE LAST FLIGHT CARRYING DEPENDENTS OFF WAKE ISLAND.

SINCE MR. TOMITA'S NEW POSITION AT KWAJALEIN WAS NOT AVAILABLE UNTIL AUGUST 6, 1973, AND SINCE HE WAS NOT ALLOWED TO ENTER KWAJALEIN BEFORE THAT DATE, MR. TOMITA STAYED IN HONOLULU IN ANNUAL LEAVE STATUS FROM JULY 17, 1973, TO AUGUST 5, 1973. MOREOVER, SINCE THE REGULATIONS OF THE UNITED STATES ARMY, HOST AGENCY AT KWAJALEIN, DID NOT PERMIT MR. TOMITA'S FAMILY TO TRAVEL TO KWAJALEIN UNACCOMPANIED BY HIM, HIS FAMILY ALSO STAYED IN HONOLULU FROM THE TIME THEY WERE FORCED TO LEAVE WAKE ISLAND, JUNE 29, 1973, UNTIL THE EARLIEST TIME THEY WERE ALLOWED TO ARRIVE IN KWAJALEIN, AUGUST 6, 1973.

DUE TO THE ABOVE CIRCUMSTANCES, MR. TOMITA CLAIMS PER DIEM FOR HIS FAMILY FOR THE PERIOD FROM JUNE 29, 1973, TO JULY 14, 1973, AMOUNTING TO $1,820.

SECTION 2-2.2B OF THE FEDERAL PROPERTY MANAGEMENT REGULATIONS (FPMR), 101 -7, STATES IN PART:

"*** WHEN AN EMPLOYEE IS TRANSFERRED, AN ALLOWANCE SHALL BE PAID FOR PER DIEM IN LIEU OF SUBSISTENCE EXPENSES INCURRED BY THE EMPLOYEE'S IMMEDIATE FAMILY WHILE TRAVELING BETWEEN THE OLD AND NEW OFFICIAL STATIONS REGARDLESS OF WHERE THE OLD AND NEW STATIONS ARE LOCATED. IF THE ACTUAL TRAVEL INVOLVES DEPARTURE AND/OR DESTINATION POINTS OTHER THAN THE OLD OR NEW OFFICIAL STATION, THE PER DIEM ALLOWANCE SHALL NOT EXCEED THE AMOUNT TO WHICH MEMBERS OF THE IMMEDIATE FAMILY WOULD HAVE BEEN ENTITLED IF THEY HAD TRAVELED BY USUALLY TRAVELED ROUTE BETWEEN THE OLD AND NEW OFFICIAL STATIONS. ***"

MR TERRY ASKS WHETHER, IN VIEW OF THE ABOVE PROVISION, PER DIEM EXPENSES FOR THE 15 DAYS CLAIMED IS PRECLUDED.

IT IS CLEAR FROM THE CIRCUMSTANCES OF THIS CASE THAT THE DEVIATION FROM THE DIRECT ROUTE BY MR. TOMITA'S FAMILY WAS UNAVOIDABLE SINCE THEY COULD NOT TRAVEL BY THE USUAL ROUTE TO KWAJALEIN FROM WAKE ISLAND IN VIEW OF THE REGULATIONS OF THE UNITED STATES ARMY AND THE UNITED STATES AIR FORCE. THOSE REGULATIONS FORCED MR. TOMITA'S FAMILY TO INCUR THE ADDITIONAL TRAVEL EXPENSES IN QUESTION. THEREFORE, SINCE THE DELAY IN TRAVEL WAS NOT MADE FOR THE PERSONAL CONVENIENCE OF THE EMPLOYEE OR HIS FAMILY, BUT WAS OCCASIONED BY RESTRICTIONS IMPOSED BY AGENCIES OF THE UNITED STATES GOVERNMENT, AND SINCE THE DELAY WAS BEYOND THE EMPLOYEE'S CONTROL, OUR OFFICE WILL NOT OBJECT TO THE CERTIFICATION FOR PAYMENT OF THE VOUCHER IF OTHERWISE PROPER. SEE 52 COMP. GEN. 135 (1972); B 112153, OCTOBER 28, 1952; B-137392, FEBRUARY 12, 1959.