B-74189, APRIL 19, 1948, 27 COMP. GEN. 648

B-74189, APRIL 19, 1948, 27 COMP. GEN. 648

TRAVELING EXPENSES - TEMPORARY DUTY WHILE ON LEAVE OF ABSENCE - RESUMPTION OF LEAVE AT OTHER THAN PLACE OF INTERRUPTION WHERE THE DISTANCE AND CONSTRUCTIVE COST OF TRAVEL BETWEEN AN EMPLOYEE'S OFFICIAL STATION AND A TEMPORARY DUTY STATION TO WHICH HE WAS ORDERED WHILE ON ANNUAL LEAVE EXCEED THE DISTANCE AND CONSTRUCTIVE COST OF TRAVEL FROM THE PLACE WHERE HIS LEAVE WAS SUSPENDED TO THE TEMPORARY DUTY STATION AND THENCE TO THE PLACE WHERE HE RESUMED HIS LEAVE, SUCH EMPLOYEE IS ENTITLED TO TRAVELING EXPENSES BETWEEN THE TEMPORARY DUTY STATION AND THE PLACE WHERE HE RESUMED HIS LEAVE, EVEN THOUGH SUCH PLACE IS FARTHER FROM THE TEMPORARY DUTY STATION THAN THE PLACE WHERE HIS LEAVE WAS INTERRUPTED 16 COMP. GEN. 481, AMPLIFIED.

COMPTROLLER GENERAL WARREN TO REED H. JENSEN, DEPARTMENT OF AGRICULTURE, APRIL 19, 1948:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 27, 1948, FILE REFERENCE A DISBURSEMENT VOUCHERS TRAVEL, IN MATERIAL PART, AS FOLLOWS:

YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER I MAY PROPERLY CERTIFY THE ENCLOSED VOUCHER WHICH HAS BEEN PRESENTED TO ME FOR CERTIFICATION.

THE VOUCHER COVERS TRAVEL EXPENSES INCURRED BY MAYHEW H. DAVIS, ASSISTANT REGIONAL FORESTER, FOR OFFICIAL TRAVEL PERFORMED, UNDER COMPETENT AUTHORITY, WHEN HE WAS ORDERED TO TEMPORARY DUTY WHILE ON AUTHORIZED LEAVE OF ABSENCE. MR. DAVIS, WHILE TRAVELING IN CALIFORNIA BY PERSONALLY OWNED AUTOMOBILE ACCOMPANIED BY HIS WIFE, WAS INSTRUCTED BY HIS SUPERIOR OFFICIAL TO PROCEED TO PORTLAND, OREGON, FOR TEMPORARY DUTY. INTERRUPTED HIS VACATION AT MT. SHASTA, CALIFORNIA AND TRAVELED FROM THAT POINT TO PORTLAND, OREGON, WITHOUT COST TO THE GOVERNMENT FOR TRANSPORTATION. UPON COMPLETION OF HIS ASSIGNMENT AT PORTLAND, HE PROCURED AIRPLANE TRANSPORTATION FROM PORTLAND, OREGON, TO SAN FRANCISCO, CALIFORNIA, ON GOVERNMENT TRANSPORTATION REQUEST, AND TRAVELED FROM SAN FRANCISCO TO SAN JOSE, CALIFORNIA, BY PRIVATELY OWNED CAR WITHOUT COST TO THE GOVERNMENT. HE RESUMED HIS INTERRUPTED ANNUAL LEAVE STATUS IMMEDIATELY UPON ARRIVAL AT SAN JOSE. SAN JOSE IS LOCATED APPROXIMATELY 330 MILES FARTHER FROM POINT OF TEMPORARY DUTY THAN IS MT. SHASTA, THE POINT AT WHICH ANNUAL LEAVE STATUS WAS INTERRUPTED. MR. DAVIS HAS EXPLAINED THAT HIS REASON FOR RETURNING TO SAN JOSE, CALIFORNIA, INSTEAD OF TO MT. SHASTA, WAS BECAUSE HIS WIFE HAD PROCEEDED WITH THE FAMILY AUTOMOBILE TO THAT POINT, IN ACCORDANCE WITH A PLANNED VACATION SCHEDULE. IT WAS NECESSARY, THEREFORE, FOR MR. DAVIS TO PROCEED TO SAN JOSE TO RESUME HIS INTERRUPTED VACATION TRIP, AND HE IS CLAIMING THE COSTS OF TRAVEL FROM PORTLAND TO SAN JOSE AT GOVERNMENT EXPENSE.

IN DECISION OF NOVEMBER 10, 1936, A-80748, 16 COMP. GEN. 481, IT WAS HELD THAT WHERE AN EMPLOYEE IS DIRECTED WHILE ON LEAVE OF ABSENCE TO PERFORM TEMPORARY DUTY AT A PLACE OTHER THAN HIS REGULAR DUTY STATION AND IS PERMITTED TO RETURN TO THE PLACE WHERE HE WAS ON LEAVE TO RESUME HIS VACATION, HE IS ENTITLED TO REIMBURSEMENT OF THE AUTHORIZED EXPENSES OF THE TRAVEL BETWEEN HIS LEAVE POINT AND HIS TEMPORARY DUTY POST, AND IT IS IMMATERIAL IN SUCH CASES THAT THE PLACE WHERE THE EMPLOYEE WAS ON LEAVE IS FARTHER FROM THE PLACE WHERE THE TEMPORARY DUTY WAS REQUIRED THAN IS THE EMPLOYEE'S REGULAR DUTY STATION. THAT RULE WAS APPLIED, ALSO, TO A RETURN FROM AN EMPLOYEE'S LEAVE POINT TO HIS OFFICIAL STATION FOR TEMPORARY OFFICIAL BUSINESS IN A SITUATION WHERE HE WAS PERMITTED TO RESUME HIS LEAVE AT THE PLACE WHERE HIS LEAVE WAS INTERRUPTED. A-86481, JULY 14, 1937.

IN THE INSTANT CASE, THE EMPLOYEE'S LEAVE WAS SUSPENDED BY HIS ASSIGNMENT TO TEMPORARY DUTY AT A PLACE OTHER THAN WHERE HE WENT ON LEAVE AND, UPON TERMINATION OF SUCH OFFICIAL DUTY, HE RESUMED HIS LEAVE STATUS AT A POINT MORE DISTANT FROM THE TEMPORARY POST OF DUTY, AND MORE EXPENSIVE TO REACH, THAN WAS THE PLACE AT WHICH HE WAS ON LEAVE WHEN ORDERED TO PERFORM THE TEMPORARY DUTY. ON THE OTHER HAND, THE DISTANCE AND THE CONSTRUCTIVE COST OF TRAVEL BETWEEN THE EMPLOYEE'S OFFICIAL STATION ( MILWAUKEE, WISCONSIN) AND HIS TEMPORARY POST OF DUTY ( PORTLAND, OREGON) FAR EXCEED THE DISTANCE AND THE CONSTRUCTIVE COST OF TRAVEL AS ACTUALLY PERFORMED BY THE EMPLOYEE, THAT IS, FROM MT. SHASTA, CALIFORNIA, TO PORTLAND, OREGON, TO SAN JOSE, CALIFORNIA. UNDER THOSE CIRCUMSTANCES, NO SOUND REASON IS PERCEIVED WHY THE RULE ENUNCIATED IN THE ABOVE-MENTIONED DECISIONS SHOULD NOT BE APPLIED HERE.

ACCORDINGLY, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.