B-18964, JANUARY 22, 1942, 21 COMP. GEN. 697

B-18964, JANUARY 22, 1942, 21 COMP. GEN. 697

SUBSISTENCE - PER DIEMS - TEMPORARY DUTY NEAR PERMANENT STATION WHERE AN EMPLOYEE VOLUNTARILY CONTINUED TO RESIDE AT HIS HOME WITHIN THE CORPORATE LIMITS OF HIS PERMANENT STATION DURING A PERIOD OF DUTY AT A TEMPORARY STATION LOCATED A SHORT DISTANCE OUTSIDE THE CORPORATE LIMITS OF HIS PERMANENT STATION, LEAVING HIS HOME SHORTLY BEFORE 8 A.M. EACH DAY AND RETURNING SHORTLY AFTER 6 P.M. WITHOUT INCURRING ANY ADDITIONAL SUBSISTENCE COSTS, AND THE HEAD OF THE DEPARTMENT CONCERNED HAS REPORTED THAT UNDER THE FACTS AND CIRCUMSTANCES INVOLVED THERE IS NO BASIS FOR PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE, THE EMPLOYEE IS NOT ENTITLED TO PAYMENT OF PER DIEM IN ANY AMOUNT, EVEN THOUGH THE ORDERS DIRECTING THE TEMPORARY DUTY AUTHORIZED PER DIEM.

COMPTROLLER GENERAL WARREN TO COL. A. J. MAXWELL, U.S. ARMY, JANUARY 22, 1942:

BY SECOND INDORSEMENT DATED JULY 16, 1941, THE CHIEF OF FINANCE FORWARDED HERE FOR CONSIDERATION YOUR LETTER DATED JULY 2, 1941, AS FOLLOWS:

1. UNDER AUTHORITY CONTAINED IN SECTION 8, ACT OF JULY 31, 1894 (28 STAT. 208, U.S.C. 31:74) THERE IS SUBMITTED HEREWITH TRAVEL EXPENSE VOUCHER OF MR. STANLEY WOOLMAN, SIGNAL CORPS INSPECTOR, FOR THE PERIOD JANUARY 27, 1941 TO MAY 17, 1941, INCLUSIVE, WHILE ON TEMPORARY DUTY AT YONKERS, N.Y.

2. IN THIS CONNECTION, ATTENTION IS INVITED TO NOTICE OF EXCEPTION DATED JUNE 2, 1941 ON MY VOUCHER 10113, OCTOBER 1940, COVERING A SIMILAR PAYMENT TO ANOTHER SIGNAL CORPS INSPECTOR, MR. HAROLD EDELSTEIN FOR PER DIEM AND OTHER EXPENSES WHILE ON TEMPORARY DUTY AT YONKERS, N.Y. DURING THE PERIOD AUGUST 21-1SEPTEMBER 5, AND SEPTEMBER 9-27, 1940, FROM WHICH NOTICE OF EXCEPTION ON THE FOLLOWING IS QUOTED:

"PER DIEM CLAIMED AUGUST 21-1SEPT. 5 AND SEPT. 9-27, 1940, MAY NOT BE ALLOWED. VOUCHER INDICATES RESIDENCE IN NEW YORK, N.Y. RATHER THAN AT THE ARMY BASE, IN WHICH EVENT PER DIEM IS UNAUTHORIZED. FURTHERMORE, IT APPEARS THAT DAILY TRAVEL COULD HAVE BEEN PERFORMED BETWEEN NEW YORK RESIDENCE AND YONKERS.'

3. THE SUBSISTENCE EXPENSE ACT AUTHORIZES CERTAIN TRAVEL ALLOWANCES TO CIVILIAN EMPLOYEES WHILE TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY. MR. WOOLMAN'S OFFICIAL STATION IS AT THE NEW YORK GENERAL DEPOT, 58TH STREET AND FIRST AVENUE, BROOKLYN, N.Y., APPROXIMATELY SEVEN MILES FROM LOWER MANHATTAN; HIS RESIDENCE IS AT 3434- 62ND STREET, WOODSIDE, N.Y. ( QUEENS BOROUGH), ABOUT EIGHT MILES FROM LOWER MANHATTAN, AND DURING THE PERIOD COVERED BY THIS VOUCHER, HE WAS ON TEMPORARY DUTY AT YONKERS, WESTCHESTER COUNTY, ABOUT TWO MILES BEYOND THE NORTHERN CORPORATE LIMITS OF GREATER NEW YORK. ATTENTION IS INVITED TO THE ENCLOSED STATEMENT FROM MR. WOOLMAN FROM WHICH IT APPEARS THAT HE LEFT JACKSON HEIGHTS ABOUT 7:50 A.M., RETURNING ABOUT 6 OR 6:30 P.M. ON WEEK DAYS AND ABOUT 1:30 OR 2:00 P.M. ON SATURDAYS, AND THAT THE TOTAL ADDITIONAL COST OF TRANSPORTATION DURING THE PERIOD IN QUESTION WAS $39.71. IT APPEARS FROM HIS STATEMENT THAT HE WAS ABSENT FROM HIS HOME APPROXIMATELY TEN HOURS EACH DAY AND THAT THE PERIODS OF ABSENCE WERE NOT ENTIRELY BETWEEN THE HOURS OF 8:00 A.M. AND 6:00 P.M.

4. PARAGRAPH 3, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, 1939, IN FORCE DURING THE PERIOD IN QUESTION DEFINES DESIGNATED POST OF DUTY AND OFFICIAL STATION AS ONE AND THE SAME, THE LIMITS OF WHICH WILL BE THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE OFFICER OR EMPLOYEE IS STATIONED, AND THE SUBSISTENCE EXPENSE ACT CLEARLY AUTHORIZES THE PAYMENT OF THE APPROPRIATE TRAVEL ALLOWANCES TO AN EMPLOYEE "AWAY FROM HIS DESIGNATED POST OF DUTY.' YONKERS, ALTHOUGH WITHIN ABOUT THIRTEEN MILES OF NEW YORK CITY IS ACTUALLY ABOUT TWO MILES BEYOND THE CORPORATE LIMITS. WHILE IT IS POSSIBLE FOR AN EMPLOYEE TO COMMUTE TO YONKERS, IT MIGHT ALSO BE POSSIBLE FOR HIM TO COMMUTE TO TRENTON, N.J. OR PHILADELPHIA, PA., AND NO QUESTION HAS BEEN RAISED CONCERNING PER DIEM PAYMENTS FOR TEMPORARY DUTY AT THOSE PLACES.

5. IN VIEW OF THE SUSPENSION IN THE EDELSTEIN CASE ABOVE REFERRED TO, AND OTHER RECENT SUSPENSIONS OF A SIMILAR NATURE, IT WOULD APPEAR THAT THERE SHOULD BE A CLARIFICATION OF THE CONDITIONS UNDER WHICH PER DIEM MAY PROPERLY BE PAID FOR TEMPORARY DUTY AT PLACES NEAR BUT NOT WITHIN THE CORPORATE LIMITS OF THE CITY IN WHICH THE EMPLOYEE'S OFFICIAL STATION IS LOCATED. IN THIS PARTICULAR CASE, DECISION IS SPECIFICALLY REQUESTED AS TO:

(A) WHETHER OR NOT AN EMPLOYEE LIVING AT WOODSIDE, N.Y. ( QUEENS BOROUGH), WITHIN THE CORPORATE LIMITS OF GREATER NEW YORK, AND STATIONED AT THE NEW YORK GENERAL DEPOT, 58TH STREET AND FIRST AVENUE, BROOKLYN, N.Y., IS ENTITLED TO PER DIEM WHILE ON TEMPORARY DUTY AT YONKERS, WHICH IS TWO MILES BEYOND THE CORPORATE LIMITS OF GREATER NEW YORK;

(B) IF QUESTION (A) IS ANSWERED IN THE AFFIRMATIVE, THEN IN THIS PARTICULAR CASE MAY PER DIEM BE PAID FOR THE ENTIRE DAYS ON WHICH TEMPORARY DUTY WAS PERFORMED AT YONKERS OR ONLY FOR THAT PORTION OF THE DAY (BEGINNING BEFORE 8:00 A.M. AND/OR EXTENDING BEYOND 6:00 P.M.) DURING WHICH THE EMPLOYEE WAS ABSENT FROM HIS HOME?

ACTION UPON YOUR REQUEST FOR DECISION WAS DEFERRED PENDING RECEIPT OF A REPORT REQUESTED BY THIS OFFICE FROM THE SECRETARY OF WAR UNDER DATE OF SEPTEMBER 9, 1941.

IT APPEARS FROM THE RECORD THAT ON JANUARY 22, 1941, A TRAVEL ORDER, SIGNED BY G. L. THOMPSON, LIEUTENANT COLONEL, SIGNAL CORPS, WAS ISSUED TO MR. WOOLMAN AUTHORIZING HIM TO PROCEED TO YONKERS, N.Y., FROM HIS OFFICIAL DUTY STATION IN NEW YORK CITY, FOR A PERIOD OF NOT TO EXCEED 30 DAYS. WAS PROVIDED IN SAID AUTHORIZATION THAT "WHILE TRAVELING AND WHILE ON THE TEMPORARY DUTY MENTIONED, HE WILL BE ALLOWED A FLAT PER DIEM ALLOWANCE OF $5 IN LIEU OF SUBSISTENCE, IN ACCORDANCE WITH THE PROVISIONS OF EXISTING REGULATIONS.' BY LETTER OF FEBRUARY 20, 1941, SIGNED BY BERNARD ENSMANN, FIRST LIEUTENANT, SIGNAL CORPS, THIS TRAVEL ORDER WAS AMENDED TO PROVIDE FOR AN EXTENSION OF THE TEMPORARY DUTY FOR AN ADDITIONAL PERIOD OF 60 DAYS WITH A PER DIEM ALLOWANCE OF $2.40 PER DAY IN LIEU OF SUBSISTENCE. SECOND EXTENSION OF 60 DAYS WAS GRANTED BY AMENDMENT OF APRIL 26, 1941, SIGNED BY EDWARD BOYNTON, SECOND LIEUTENANT, SIGNAL CORPS, WITH PER DIEM ALLOWANCE OF $2.40 PER DAY IN LIEU OF SUBSISTENCE.

ACTING IN ACCORDANCE WITH THIS ORDER AND THE AMENDMENTS THEREOF, MR. WOOLMAN IS SHOWN TO HAVE PROCEEDED FROM JACKSON HEIGHTS, NEW YORK CITY, TO YONKERS, N.Y., ON JANUARY 27, 1941. AS INDICATED IN YOUR LETTER, SUPRA, YONKERS IS ONLY 2 MILES FROM THE CITY LIMITS OF NEW YORK CITY. WHILE MR. WOOLMAN'S ASSIGNMENT AT THAT POINT APPEARS TO HAVE CONTINUED UNTIL MAY 17, 1941, HE DID NOT REMAIN CONTINUOUSLY AT YONKERS BUT RETURNED TO JACKSON HEIGHTS AT ABOUT 6 P.M. EACH EVENING AND REMAINED THERE UNTIL THE FOLLOWING DAY AT ABOUT 7:50 A.M., WHEN HE PROCEEDED BACK TO HIS TEMPORARY POST OF DUTY. IN OTHER WORDS, HE APPEARS TO HAVE LIVED AT HOME JUST AS HE DID WHEN ON DUTY AT HIS REGULAR OFFICIAL DUTY STATION IN NEW YORK CITY.

HE STATES THAT "ADDITIONAL COST OF TRANSPORTATION" AMOUNTED TO A TOTAL OF $39.71 FOR THE ENTIRE PERIOD OF HIS TEMPORARY DUTY--- NEARLY 4 MONTHS. FAR AS APPEARS HIS SUBSISTENCE EXPENSES WERE NO GREATER DURING SUCH PERIOD THAN WHEN ON REGULAR DUTY IN NEW YORK CITY. HOWEVER, HE HAS MADE CLAIM IN THE TOTAL AMOUNT OF $343.20 FOR PER DIEM DURING THIS PERIOD--- 30 DAYS AT $5 PER DAY AND 80 1/2 DAYS AT $2.40 PER DAY. SINCE HE WAS AWAY FROM HIS OFFICIAL DUTY STATION LESS THAN 12 HOURS EACH DAY THERE IS FOR CONSIDERATION SECTION 51 OF THE STANDARD TRAVEL REGULATIONS WHICH PROVIDES, AMONG OTHER THINGS, THAT "FOR CONTINUOUS TRAVEL OF LESS THAN 24 HOURS, CONSTITUTING A TRAVEL PERIOD, SUCH PERIOD WILL BE REGARDED AS COMMENCING WITH THE BEGINNING OF THE TRAVEL AND ENDING WITH THE COMPLETION THEREOF, AND FOR EACH 6-HOUR PORTION OF THE PERIOD OR FRACTION THEREOF ONE -FOURTH OF THE RATE FOR A CALENDAR DAY WILL BE ALLOWED.' AS A MATTER OF FACT, IF MR. WOOLMAN HAD LEFT HOME 10 MINUTES LATER EACH DAY AND, IN SOME INSTANCES, HAD RETURNED HOME A FEW MINUTES EARLIER--- AND NO REASON IS SHOWN WHY THAT COULD NOT HAVE BEEN DONE--- THERE WOULD BE NO QUESTION BUT THAT HE WOULD NOT BE ENTITLED TO ANY PER DIEM ALLOWANCE AT ALL, BECAUSE IT IS FURTHER PROVIDED IN SECTION 51 THAT "NO PER DIEM WILL BE ALLOWED WHEN THE DEPARTURE IS AFTER 8 A.M., AND THE RETURN ON THE SAME DAY IS PRIOR TO 6 P.M.' IN ANY EVENT, IT IS ONLY BECAUSE OF A VERY FEW MINUTES AND THE WORDING OF THE TRAVEL REGULATIONS, THAT ANY QUESTION IS PRESENTED AS TO WHETHER ONE IN THE POSITION OF MR. WOOLMAN, AND WHO APPARENTLY HAS INCURRED NO SUBSISTENCE EXPENSES OF THE TYPE WHICH THE PER DIEM ALLOWANCE IS DESIGNED TO COVER, SHOULD RECEIVE ANY PER DIEM FOR THE PERIOD OF HIS TEMPORARY DUTY AT YONKERS.

SECTIONS 3 AND 7 OF THE SUBSISTENCE EXPENSE ACT OF 1926, AS AMENDED BY THE ACT OF JUNE 30, 1932, 47 STAT. 405, PROVIDE:

SEC. 3. CIVILIAN OFFICERS AND EMPLOYEES OF THE DEPARTMENTS AND ESTABLISHMENTS, WHILE TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY, SHALL BE ALLOWED, IN LIEU OF THEIR ACTUAL EXPENSES FOR SUBSISTENCE AND ALL FEES OR TIPS TO PORTERS AND STEWARDS, A PER DIEM ALLOWANCE TO BE PRESCRIBED BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED, NOT TO EXCEED THE RATE OF $5 WITHIN THE LIMITS OF CONTINENTAL UNITED STATES, AND NOT TO EXCEED AN AVERAGE OF $6 BEYOND THE LIMITS OF CONTINENTAL UNITED STATES.

SEC. 7. THE FIXING AND PAYMENT, UNDER SECTION 3, OF PER DIEM ALLOWANCE, OR PORTIONS THEREOF, SHALL BE IN ACCORDANCE WITH REGULATIONS WHICH SHALL BE PROMULGATED BY THE HEADS OF DEPARTMENTS AND ESTABLISHMENTS AND WHICH SHALL BE STANDARDIZED AS FAR AS PRACTICABLE AND SHALL NOT BE EFFECTIVE UNTIL APPROVED BY THE PRESIDENT OF THE UNITED STATES.

IT SEEMS CLEAR THAT IT WAS INTENDED BY THE CONGRESS, IN THUS PROVIDING FOR SUBSISTENCE EXPENSE ALLOWANCES, THAT SUCH ALLOWANCES SHOULD AS NEARLY AS POSSIBLE APPROXIMATE THE ADDITIONAL COST TO THE EMPLOYEE OF SUBSISTENCE EXPENSE ITEMS DURING THE PERIOD OF HIS TEMPORARY DUTY AWAY FROM HIS OFFICIAL STATION. IN THIS CONNECTION ATTENTION IS INVITED TO THE FACT THAT THE SUBSISTENCE EXPENSE ACT OF 1926 AS ORIGINALLY ENACTED (44 STAT. 688, 689), PROVIDED THAT EMPLOYEES OF THE GOVERNMENT WHILE IN A TRAVEL STATUS SHALL BE ALLOWED THEIR ACTUAL NECESSARY EXPENSES IN AN AMOUNT NOT TO EXCEED $7 PER CALENDAR DAY. THE PURPOSE OF THE 1932 AMENDMENT, BY WHICH A PER DIEM ALLOWANCE OF NOT TO EXCEED $5 PER DAY WAS PROVIDED, WAS TO REDUCE NOT TO INCREASE THE ALLOWANCE THERETOFORE PROVIDED. THUS, IT WILL BE NOTED BY REFERENCE TO THE STATUTE (47 STAT. 405) THAT THE PROVISIONS BY WHICH THE 1926 ACT WAS AMENDED ARE ENTITLED,"PERMANENT REDUCTION OF TRAVEL ALLOWANCES.' ALSO, SEE PAGES 5 AND 8 OF THE SENATE REPORT ON THE BILL- - REPORT NO. 756, 72D CONGRESS.

PARAGRAPH 45 OF THE REGULATIONS PROMULGATED PURSUANT TO THE AUTHORITY OF SECTION 7 OF THE ACT PROVIDES IN PERTINENT PART:

SUBSISTENCE ALLOWANCE.--- UNLESS OTHERWISE EXPRESSLY PROVIDED IN AN EMPLOYEE'S COMMISSION OR APPOINTMENT, OR BY LAW, THE OFFICIAL AUTHORIZED TO ISSUE TRAVEL ORDERS MAY AUTHORIZE IN THE ORDER A PER DIEM ALLOWANCE NOT TO EXCEED $5 IN LIEU OF SUBSISTENCE EXPENSES, WHILE TRAVELING ON OFFICIAL BUSINESS WITHIN THE LIMITS OF THE CONTINENTAL UNITED STATES * * *.

PARAGRAPH 45 FURTHER PROVIDES, IN CONFORMITY WITH THE APPARENT INTENTION OF CONGRESS--- AND IN ITALICIZED LANGUAGE TO STRESS ITS IMPORTANCE--- THAT:

* * * THE RATES OF THE PER DIEM IN LIEU OF ACTUAL EXPENSES FOR SUBSISTENCE AUTHORIZED BY LAW REPRESENT THE MAXIMUM ALLOWABLE, NOT THE MINIMUM. IT IS THE RESPONSIBILITY OF THE HEADS OF THE DEPARTMENTS AND ESTABLISHMENTS TO SEE THAT TRAVEL ORDERS AUTHORIZE ONLY SUCH PER DIEM RATES AS ARE JUSTIFIED BY THE NATURE OF THE TRAVEL. TO THIS END CARE SHOULD BE EXERCISED TO PREVENT THE FIXING OF A PER DIEM RATE IN EXCESS OF THAT REQUIRED TO MEET THE NECESSARY AUTHORIZED EXPENSES.

IN VIEW OF THE FACT THAT A LARGE MEASURE OF AUTHORITY AND DISCRETION IN DETERMINING THE AMOUNT OF PER DIEM, IF ANY, THAT SHALL BE ALLOWED IN A GIVEN CASE IS COMMITTED BY THE TERMS OF THE ABOVE QUOTED STATUTE AND REGULATION TO THE ADMINISTRATIVE DEPARTMENT OR AGENCY INVOLVED, THE PRESENT MATTER WAS REFERRED TO THE SECRETARY OF WAR FOR HIS CONSIDERATION, HIS VIEWS BEING REQUESTED AS FOLLOWS:

* * * IN VIEW OF THE PROVISION IN THE REGULATIONS THAT "IT IS THE RESPONSIBILITY OF THE HEADS OF THE DEPARTMENTS AND ESTABLISHMENTS TO SEE THAT TRAVEL ORDERS AUTHORIZE ONLY SUCH PER DIEM RATES AS ARE JUSTIFIED BY THE NATURE OF THE TRAVEL" AND TO EXERCISE CARE "TO PREVENT THE FIXING OF A PER DIEM RATE IN EXCESS OF THAT REQUIRED TO MEET THE NECESSARY AUTHORIZED EXPENSES," INFORMATION IS REQUESTED AS TO WHETHER YOU, AS HEAD OF THE DEPARTMENT HERE INVOLVED, DO OR DO NOT APPROVE AND CONSIDER AS "JUSTIFIED BY THE NATURE OF THE TRAVEL" THE TRAVEL ORDERS ISSUED IN THIS CASE. OTHER WORDS, IS IT YOUR VIEW, AS THE ADMINISTRATIVE OFFICIAL IN WHOM IS VESTED BROAD AUTHORITY RESPECTING TRAVEL BY EMPLOYEES OF YOUR DEPARTMENT (SEE BY ANALOGY 37 OP. ATTY. GEN. 219, 222), THAT AN EMPLOYEE WHOSE DUTY STATION AND HOME IS IN NEW YORK IS ENTITLED TO $5 PER DIEM FOR 30 DAYS AND $2.40 PER DIEM FOR THE ENSUING 80 1/2 DAYS OF A TEMPORARY DUTY TOUR TO A POINT LOCATED ONLY TWO MILES BEYOND THE CORPORATE LIMITS OF NEW YORK CITY AND APPARENTLY INVOLVING NO ADDITIONAL SUBSISTENCE COSTS?

IN HIS REPLY, BY LETTER OF DECEMBER 20, 1941, THE SECRETARY OF WAR STATED, IN PERTINENT PART, AS FOLLOWS:

SINCE THE CLAIMANT DID NOT REMAIN AT THE PLACE OF TEMPORARY DUTY, BUT RETURNED DAILY TO HIS HOME DURING THE PERIOD INVOLVED, AND SUCH TRAVEL HAS BEEN PERFORMED BY HIM VOLUNTARILY AND OF HIS OWN ACCORD, THERE IS, OF COURSE, FOR CONSIDERATION AND DETERMINATION WHAT SETTLEMENT IS PROPER UNDER SUCH CONDITIONS. WHERE THE ACTUAL ABSENCE FROM THE EMPLOYEE'S HOME OR HEADQUARTERS WAS ENTIRELY BETWEEN THE HOURS OF 8 A.M. AND 6 P.M., THERE IS, OF COURSE, NO BASIS FOR THE CLAIM FOR PER DIEM ON SUCH DAYS. IN THOSE INSTANCES WHERE THE ABSENCE COMMENCED SHORTLY BEFORE 8 A.M. AND ENDED SHORTLY AFTER 6 P.M. OR BOTH, IT IS CONSIDERED THAT THERE IS NO BASIS FOR PAYMENT OF PER DIEM FOR FRACTIONAL DAYS UNLESS IT CAN BE DEFINITELY SHOWN THAT IT WAS NECESSARY TO BEGIN OR END THE TRAVEL PRIOR TO 8 A.M. OR SUBSEQUENT TO 6 P.M. NO SUCH EXPLANATION HAS BEEN OFFERED BY THE ADMINISTRATIVE OFFICER CONCERNED. AS A MATTER OF FACT SUCH OFFICER HAS RECOMMENDED THAT NO PER DIEM WHATEVER BE ALLOWED IN CONNECTION WITH THE CLAIM. IN THAT RECOMMENDATION I CONCUR.

WITH REFERENCE TO SO MUCH OF THE CLAIM AS RELATES TO ADDITIONAL TRANSPORTATION EXPENSES, THE ADMINISTRATIVE OFFICER IN THE FIELD HAS RECOMMENDED AGAINST THE ALLOWANCE OF ANY PART OF THE ADDITIONAL SUM OF $39.71 CLAIMED BY MR. WOOLMAN BY REASON OF THE FACT THAT THE TRAVEL WAS VOLUNTARY AND CONTRARY TO THE INTENT OF THE ORDERS. SINCE THE CLAIMANT HAS NOT DISCLOSED THE BASIS OF THE ALLEGED ADDITIONAL COST OF TRANSPORTATION, IT IS MY VIEW THAT HE SHOULD NOT BE ALLOWED ANY REIMBURSEMENT FOR TRANSPORTATION EXPENSES IN CONNECTION WITH THE VOUCHER NOW BEFORE YOUR OFFICE AND THAT HE SHOULD BE ADVISED THAT, IF HE CAN DEFINITELY SHOW AN EXPENSE FOR ANY TRANSPORTATION WHICH HE NECESSARILY INCURRED IN COMPLYING WITH THE ORDERS, HE SHOULD SUBMIT SUCH CLAIM WITH THE NECESSARY EVIDENCE TO THE CLAIMS DIVISION OF THE GENERAL ACCOUNTING OFFICE FOR DIRECT SETTLEMENT AS A CLAIM.

THE ABOVE VIEWS ARE SUBMITTED IN RESPONSE TO YOUR REQUEST IN THE LAST PARAGRAPH OF YOUR LETTER OF SEPTEMBER 9, 1941, AND REFER TO THE PARTICULAR CASE UNDER CONSIDERATION. AS TO CASES OF THE SAME GENERAL NATURE, IT IS STATED THAT MY VIEWS ARE ENTIRELY IN HARMONY WITH THE REGULATIONS GOVERNING SUCH TRAVEL, AND PARTICULARLY WITH THE REQUIREMENT IN PARAGRAPH 45 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS QUOTED AT THE TOP OF PAGE 6 OF YOUR LETTER OF SEPTEMBER 9, 1941. (THE REQUIREMENT IN PARAGRAPH 45 THUS REFERRED TO IS THE ITALICIZED PORTION OF SAID PARAGRAPH AS HEREINBEFORE QUOTED.)

CONSIDERING THIS MATTER IN THE LIGHT OF THE TERMS OF THE APPLICABLE LAW AND REGULATIONS, AND THE ADMINISTRATIVE RECOMMENDATION AS SUBMITTED BY THE SECRETARY OF WAR, YOU ARE ADVISED, IN RESPONSE TO THE FIRST QUESTION PRESENTED, THAT A WAR DEPARTMENT EMPLOYEE OFFICIALLY STATIONED AND LIVING WITHIN THE CORPORATE LIMITS OF GREATER NEW YORK IS NOT ENTITLED, UNDER FACTS AND CIRCUMSTANCES SIMILAR TO THOSE PRESENTED IN THIS CASE, TO PER DIEM WHILE ON TEMPORARY DUTY AT YONKERS, N.Y. SINCE THE FIRST QUESTION IS ANSWERED IN THE NEGATIVE, IT BECOMES UNNECESSARY TO ANSWER THE SECOND QUESTION PRESENTED.

WHILE PAYMENT IS NOT AUTHORIZED ON THE TRAVEL EXPENSE VOUCHER SUBMITTED WITH YOUR LETTER--- AND WHICH VOUCHER WILL BE RETAINED IN THE FILES OF THIS OFFICE--- MR. WOOLMAN SHOULD BE ADVISED, IN ACCORDANCE WITH THE SUGGESTION OF THE SECRETARY OF WAR, THAT IF A CLAIM FOR ADDITIONAL TRAVEL EXPENSE INCURRED AS THE DIRECT RESULT OF PERFORMANCE OF TEMPORARY OFFICIAL DUTY AT YONKERS IS SUBMITTED TO THIS OFFICE, PROPERLY SUPPORTED BY EVIDENCE WHICH WILL ESTABLISH THAT SUCH ADDITIONAL EXPENSES WERE IN FACT INCURRED, THE MATTER WILL BE GIVEN DUE CONSIDERATION.