B-156708, MAY 20, 1965

B-156708, MAY 20, 1965

TO MRS. MARY C. ROBERTS, DEPARTMENT OF STATE:

YOUR LETTER OF MAY 4, 1965, ENCLOSING A VOUCHER FOR $248.70 IN FAVOR OF MR. ROBERT L. CROWNOVER, REPRESENTING TRAVEL TIME COMPENSATION, ASKS OUR DECISION WHETHER THE VOUCHER MAY BE CERTIFIED FOR PAYMENT.

MR. CROWNOVER HAS SERVED AS AN EXPERT UNDER A SERIES OF APPOINTMENTS BEGINNING JULY 1, 1964, PURSUANT TO WHICH HE IS AUTHORIZED, IF ADMINISTRATIVELY REQUIRED, TO WORK IN WASHINGTON, D.C. OR ARLINGTON, VIRGINIA, 7 DAYS A WEEK AT $60 PER DAY.

YOUR LETTER RELATES THE OTHER FACTS MATERIAL TO MR. CROWNOVER'S CASE AS FOLLOWS:

"MR. CROWNOVER'S WORK WEEK REQUIREMENT WHILE ON DUTY IN WASHINGTON, D.C. CONSISTED OF THE NORMAL 40 HOUR WORK WEEK. HOWEVER, HE SUBSEQUENTLY WAS AUTHORIZED TO MAKE INSPECTION TRIPS ABROAD ON OCCASION FOR WHICH SALARY WAS PAID FOR DAYS ON WHICH DUTY OR TRAVEL WAS PERFORMED FOR MOST OF THE DAY. TEMPORARY DUTY IN THE FAR EAST WAS AUTHORIZED FOR A PERIOD BEGINNING ON OR ABOUT JULY 12, 1964 AND ENDING ON OR ABOUT AUGUST 30, 1964. ON THIS ASSIGNMENT TRAVEL IN RETURNING FROM TOKYO TO WASHINGTON, D.C. WITH ONE DAY DUTY IN HONOLULU, WAS ALLOWED FROM AUGUST 24, 1964 AT 11:45 A.M. THROUGH 6:10 A.M. SUNDAY, AUGUST 30, 1964.

"ANOTHER TRIP ABROAD AUTHORIZED TEMPORARY DUTY IN SEOUL, KOREA, SAIGON, VIETNAM, AND ANKARA, TURKEY, FROM ON OR ABOUT SEPTEMBER 7, 1964 TO ON OR ABOUT OCTOBER 14, 1964. AT THIS TIME, TRAVEL BEGAN AT 6:00 P.M. SEPTEMBER 7, 1964, A HOLIDAY ON WHICH NO WORK WAS PERFORMED DURING THE DAY. THE TEMPORARY DUTY IN KOREA AND VIETNAM WAS COMPLETED BY OCTOBER 8, 1964 WHEN EMPLOYEE DEPARTED SAIGON ENROUTE TO ANKARA, TURKEY, THE NEXT TEMPORARY POST OF DUTY. DIRECT TRAVEL TO ANKARA WAS NOT PERFORMED, HOWEVER, BUT UNOFFICIAL STOP OVERS IN BANGKOK AND ISTANBUL FOR THE BALANCE OF OCTOBER 8, OCTOBER 9 AND 10, WERE MADE BEFORE GOING TO ANKARA. NO SALARY WAS PAID FOR SUNDAY, AUGUST 30, SEPTEMBER 7 (HOLIDAY) OR OCTOBER 9 AND 10, 1964. MR. CROWNOVER IS MAKING A CLAIM FOR SALARY ON EACH OF THE DAYS INDICATED CONTENDING HE SHOULD BE CONSIDERED IN A TRAVEL STATUS FOR A FULL DAY AND, THEREFORE, ENTITLED TO HIS REGULAR PAY OF $60.00.'

FROM THE FACTS RELATED IN YOUR LETTER AND AN EXAMINATION OF MR. CROWNOVER'S CONTRACTS OF EMPLOYMENT, COPIES OF WHICH WERE INFORMALLY TRANSMITTED, WE MUST CONCLUDE THAT HE IS SERVING UNDER AN INTERMITTENT, WHEN ACTUALLY EMPLOYED, APPOINTMENT.

WE HAVE RULED THAT EMPLOYEES SERVING UNDER "WHEN ACTUALLY EMPLOYED" APPOINTMENTS AND COMPENSATED ON "PER DIEM" BASES, ARE REGARDED AS BEING IN A DUTY OR WORK STATUS WHILE TRAVELING ON OFFICIAL BUSINESS ON DAYS GENERALLY REGARDED AS NONWORKDAYS. SEE OUR DECISION B-106176, DATED JANUARY 8, 1952; CF. B-125747, DECEMBER 5, 1955. COPIES OF EACH DECISION ARE ENCLOSED. HOWEVER, THE TERMS OF THE APPOINTMENT CONTRACT LAWFULLY COULD PROVIDE OTHERWISE AS TO MATTERS SUCH AS THE FOREGOING WHICH ARE NOT GOVERNED BY STATUTE.

THEREFORE, IT APPEARS THAT MR. CROWNOVER IS ENTITLED TO HIS PER DIEM COMPENSATION FOR SUNDAY, AUGUST 30, 1964, AND LABOR DAY, SEPTEMBER 7, 1964.

REGARDING THE COMPENSATION CLAIMED FOR OCTOBER 9 AND 10, 1964, MR. CROWNOVER WOULD NOT BE ENTITLED TO COMPENSATION FOR DAYS OF UNOFFICIAL TRAVEL IN EXCESS OF THOSE REQUIRED FOR UNINTERRUPTED OFFICIAL TRAVEL BETWEEN SAIGON AND ANKARA, DEPARTING THE FORMER CITY AFTER COMPLETING OFFICIAL DUTIES AND WITHOUT DELAY FOR PERSONAL CONVENIENCE.

THE VOUCHER TRANSMITTED WITH YOUR LETTER IS RETURNED HEREWITH AND IT MAY BE CERTIFIED FOR PAYMENT SO FAR AS IT RELATES TO COMPENSATION FOR AUGUST 30 AND SEPTEMBER 7, 1964. THE REMAINDER OF THE VOUCHER MAY PROPERLY BE CERTIFIED ONLY TO THE EXTENT THAT IT CONFORMS WITH THE IMMEDIATELY PRECEDING PARAGRAPH.