B-95984, JUNE 29, 1950, 29 COMP. GEN. 533

B-95984, JUNE 29, 1950, 29 COMP. GEN. 533

TRAVELING EXPENSES - RETURN FROM TEMPORARY DUTY STATION TO RESIDENCE OVER WEEK ENDS - PER DIEM SAVINGS AS AFFECTING RIGHT TO TRAVEL AT GOVERNMENT EXPENSE WHERE THE PER DIEM SAVINGS RESULTING FROM AN EMPLOYEE'S TRAVEL IN ACCORDANCE WITH HIS ORDERS FROM HIS TEMPORARY DUTY STATION TO HIS RESIDENCE ON WEEK ENDS EXCEEDED THE COST OF TRAVEL BETWEEN SAID PLACES, AND THE TRAVEL AS PERFORMED WAS MORE ECONOMICAL THAN HAD THE EMPLOYEE RETURNED TO HIS OFFICIAL STATION, THE COST OF SUCH WEEK END TRAVEL MAY BE PAID BY THE GOVERNMENT, PROVIDED LEAVE OF ABSENCE IS NOT TAKEN ON FRIDAY AFTERNOONS AND MONDAY MORNINGS.

COMPTROLLER GENERAL WARREN TO LT. COL. J. E. ALLEN, DEPARTMENT OF THE ARMY, JUNE 29, 1950:

BY FIRST INDORSEMENT DATED JUNE 5, 1950, THE OFFICE OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY (REFERENCE FINEK 248.7 FABBRO, ALDO) FORWARDED HERE FOR CONSIDERATION YOUR LETTER OF MAY 15, 1950, FILE NO. FINKE-V 248.7, REQUESTING AN ADVANCE DECISION, IN YOUR CAPACITY AS DISBURSING OFFICER, ON THE SUBMITTED VOUCHER STATED IN FAVOR OF ALDO FABBRO FOR AN AMOUNT REPRESENTING TRAVELING EXPENSES INCURRED DURING THE PERIOD DECEMBER 13, 1948, TO JANUARY 28, 1949, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.

IT APPEARS FROM THE SUBMITTED EVIDENCE THAT BY TRAVEL ORDERS OF DECEMBER 8, 1948, THE EMPLOYEE WAS DIRECTED TO PROCEED FROM HIS OFFICIAL STATION, PHILADELPHIA, PENNSYLVANIA, TO MERIDEN, CONNECTICUT, FOR TEMPORARY DUTY OF APPROXIMATELY 82 DAYS AND A PER DIEM IN LIEU OF SUBSISTENCE AT THE RATE OF $6 WAS AUTHORIZED THEREIN. ITEM 11 OF THE TRAVEL ORDER ENTITLED,"METHOD OF TRAVEL," AUTHORIZED TRAVEL BY COMMON CARRIER AND CONTAINS THE STATEMENT "TWELVE ROUND-TRIPS TO NEW YORK, N.Y. FROM MERIDEN, CONN. TRAVELER'S RESIDENCE IS IN NEW YORK, N.Y.' THE EMPLOYEE DEPARTED FROM PHILADELPHIA, PENNSYLVANIA, AT 12:30 P.M., DECEMBER 13, 1948, AND ARRIVED AT MERIDEN, CONNECTICUT, AT 5:40 P.M. THAT SAME DAY. AS OF JANUARY 28, 1949, THE LAST DAY COVERED BY THE SUBMITTED VOUCHER, THE EMPLOYEE WAS STILL ON TEMPORARY DUTY AT MERIDEN, CONNECTICUT. HOWEVER, IT APPEARS THAT EACH WEEK OF THE TEMPORARY DUTY PERIOD HERE IN QUESTION, THAT IS, DECEMBER 13, 1948, TO JANUARY 28, 1949, THE EMPLOYEE DEPARTED FROM MERIDEN ON FRIDAY, USUALLY AT APPROXIMATELY 3 P.M., FOR NEW YORK, NEW YORK, AND RETURNED TO MERIDEN EACH MONDAY, ARRIVING THERE AT APPROXIMATELY 10 A.M. ALL TRAVEL WAS PERFORMED BY RAIL COACH BY USE OF TRANSPORTATION REQUESTS. THE MEMORANDUM COPIES OF THE TRANSPORTATION REQUESTS SHOW THAT THE COSTS OF TRAVEL FROM PHILADELPHIA TO MERIDEN AND RETURN AND FROM MERIDEN TO NEW YORK AND RETURN WERE $16.36 AND $5.45, RESPECTIVELY. IT IS STATED IN YOUR LETTER THAT HAD THE EMPLOYEE RETURNED TO HIS HEADQUARTERS OVER WEEK ENDS THE COST OF TRANSPORTATION EACH WEEK END WOULD HAVE AMOUNTED TO $21.72, WHEREAS THE SAVINGS IN PER DIEM WOULD HAVE BEEN $10.50. AS ACTUALLY PERFORMED, THE TOTAL COST OF WEEK END TRAVEL WAS $6.05 AND THE PER DIEM SAVINGS FOR EACH WEEK END WERE $15, NO PER DIEM BEING CLAIMED BY THE EMPLOYEE FOR WEEK ENDS.

FROM THE ABOVE, IT NOT ONLY IS SEEN THAT THE PER DIEM SAVINGS RESULTING FROM THE EMPLOYEE'S TRAVEL TO HIS RESIDENCE IN NEW YORK CITY ON WEEK ENDS IN ACCORDANCE WITH HIS ORDERS EXCEEDED THE COST OF TRAVEL BETWEEN MERIDEN AND NEW YORK BUT ALSO THE TRAVEL AS PERFORMED AND THE RESULTING CLAIM ARE MORE ECONOMICAL THAN HAD HE RETURNED TO HIS OFFICIAL STATION ON WEEK ENDS. MOREOVER, THE FACTOR OF ECONOMY DOUBTLESS WAS CONSIDERED FULLY BY THE ADMINISTRATIVE OFFICIALS AT THE TIME OF PREPARATION OF THE TRAVEL ORDER AND PERHAPS THE PRIMARY PURPOSE OF THE SPECIFIC INCLUSION IN SAID ORDER OF THE AUTHORITY FOR THE TRIPS TO NEW YORK CITY WAS TO REMOVE ANY DOUBT WITH RESPECT TO THE USE BY THE EMPLOYEE OF TRANSPORTATION REQUESTS FOR THE WEEK END TRAVEL. UNDER SUCH CIRCUMSTANCES, AND PROVIDED LEAVE OF ABSENCE WAS NOT TAKEN ON FRIDAY AFTERNOONS AND MONDAY MORNINGS, ALLOWANCE OF THE PER DIEM IN LIEU OF SUBSISTENCE AND MISCELLANEOUS TRAVEL EXPENSES WITHOUT DEDUCTION OF THE COST OF TRAVEL PERFORMED BY USE OF TRANSPORTATION REQUESTS BETWEEN MERIDEN AND NEW YORK CITY WOULD APPEAR TO BE PROPER. PAYMENT OF THE VOUCHER IS AUTHORIZED, IF OTHERWISE CORRECT. OF COURSE, IF LEAVE OF ABSENCE WAS TAKEN BOTH ON FRIDAY AND MONDAY--- AS THE TIME OF DEPARTURE AND ARRIVAL AT MERIDEN EACH WEEK END INDICATES MAY HAVE BEEN THE CASE--- NO PART OF THE TRAVEL COSTS FOR THE WEEK END TRIPS WOULD BE FOR BEARING BY THE GOVERNMENT, THERE BEING NO PER DIEM SAVINGS FOR CONSIDERATION AND THE TRIPS APPARENTLY BEING FOR PERSONAL REASONS. SEE PARAGRAPH 45 (A), STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.