B-126845, MAR. 26, 1956

B-126845, MAR. 26, 1956

TO MR. HARRY NUNN, AUTHORIZED CERTIFYING OFFICER, CIVIL AERONAUTICS ADMINISTRATION:

YOUR LETTER OF JANUARY 6, 1956, TRANSMITTING A RECLAIM VOUCHER FOR $2.25 IN FAVOR OF MR. BERNARD C. SWAFFIELD, REPRESENTING PER DIEM PREVIOUSLY DISALLOWED, HAS BEEN FORWARDED HERE BY LETTER OF JANUARY 27, 1956, FROM THE CHIEF, ACCOUNTING DIVISION, CIVIL AERONAUTICS ADMINISTRATION. YOU ASK WHETHER THE VOUCHER MAY BE CERTIFIED FOR PAYMENT BASED UPON THE ADDITIONAL INFORMATION FURNISHED BY THE EMPLOYEE.

THE RECORD INDICATES THAT AT 9:45 A.M. ON JUNE 26, 1955, A SUNDAY AND NONWORKDAY, THE EMPLOYEE LEFT HIS RESIDENCE, WHICH IS LOCATED WITHIN THE METROPOLITAN AREA OF LOS ANGELES (HIS OFFICIAL HEADQUARTERS) AND DROVE HIS PRIVATELY OWNED AUTOMOBILE DIRECT TO THE SANTA MONICA AIRPORT. UPON ARRIVAL AT THE AIRPORT, WHICH IS ALSO WITHIN THE METROPOLITAN AREA OF LOS ANGELES, WEATHER CONDITIONS PREVENTED A TAKEOFF IN THE RENTAL AIRCRAFT OF THE CIVIL AERONAUTICS ADMINISTRATION UNTIL 1:40 P.M. BASED UPON THE EMPLOYEE LEAVING HIS RESIDENCE AT 9:45 A.M., ON A NONWORKDAY, HE CLAIMED PER DIEM FOR THREE FOURTHS OF A DAY. HOWEVER, ONE-FOURTH OF THE DAY OF PER DIEM--- $2.25 -- WAS ADMINISTRATIVELY DISALLOWED UNDER THE PROVISIONS OF PARAGRAPH 48B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

THE EMPLOYEE OFFERS THE FOLLOWING FACTS IN SUPPORT OF HIS CONTENTION THAT THE REIMBURSEMENT IS REASONABLE AND JUST:

"1. THE WRITER WAS NOT ON DUTY AT HIS OFFICIAL STATION, LOS ANGELES REGIONAL OFFICE, ON SUNDAY, JUNE 26TH, A NON-WORK DAY.

"2. TRAVEL WAS PERFORMED ON JUNE 26TH FROM RESIDENCE AND LOS ANGELES TO BRYCE CANYON, UTAH, WITH INTERVENING STEPS AT SANTA MONICA, ONTARIO AND DAGGETT, CALIFORNIA, AND LAS VEGAS, NEVADA.

"3. ALL OF THE TIME PERIOD FOR WHICH PER DIEM CLAIM IS MADE WAS SPENT AWAY FROM OFFICIAL STATION, PERSONAL RESIDENCE, AND HEADQUARTERS CITY OF LOS ANGELES.

"4. DELAY IN CONTINUATION OF TRIP FROM SANTA MONICA AIRPORT WAS DUE TO WAITING FOR WEATHER TO IMPROVE SUFFICIENTLY TO PERMIT DEPARTURE IN CAA CONTRACT RENTAL AIRCRAFT. BECAUSE OF DISTANCE AND TRAVEL TIME BETWEEN RESIDENCE AND SANTA MONICA, IT WAS NOT FEASIBLE TO DELAY DEPARTURE FROM RESIDENCE UNTIL WEATHER AT SANTA MONICA IMPROVED SUFFICIENTLY TO INSURE IMMEDIATE DEPARTURE BY AIRPLANE.'

PARAGRAPHS 48 AND 48B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDE, IN PART AS FOLLOWS:

"TIME OF DEPARTURE AND ARRIVAL.--- THE DATE AND HOUR OF DEPARTURE FROM AND ARRIVAL AT OFFICIAL STATION AND POINTS AT WHICH TEMPORARY DUTY IS PERFORMED MUST BE SHOWN ON THE TRAVEL VOUCHER * * *.

"THE TIME OF ARRIVAL AT AND DEPARTURE FROM A PLACE WILL BE CONSIDERED AS THE HOUR AT WHICH THE TRAIN, BOAT, OR OTHER CONVEYANCE USED BY THE TRAVELER ACTUALLY LEAVES OR ARRIVES AT ITS REGULAR TERMINAL.'

PARAGRAPH 46 OF THE ABOVE REGULATIONS PROVIDES AS FOLLOWS:

"NO ALLOWANCE AT PERMANENT DUTY STATION.--- UNDER NO CIRCUMSTANCES WILL PER DIEM IN LIEU OF SUBSISTENCE BE ALLOWED AN EMPLOYEE AT HIS PERMANENT DUTY STATION.'

SINCE UNDER THE FOREGOING LANGUAGE PER DIEM IS NOT ALLOWED AT A PERMANENT DUTY STATION, AND SINCE THE ACTUAL TIME OF DEPARTURE OR ARRIVAL THEREAT MUST BE USED IN COMPUTING THE PER DIEM PAYABLE, NO BASIS EXISTS FOR STARTING THE PER DIEM BEFORE THE DEPARTURE OF THE AIRCRAFT FROM THE SANTA MONICA AIRPORT WHICH IS LOCATED WITHIN THE METROPOLITAN AREA OF LOS ANGELES. CF. 31 COMP. GEN. 442.

ACCORDINGLY, THE RECLAIM VOUCHER, WHICH IS RETURNED, MAY NOT BE CERTIFIED FOR PAYMENT.