B-159071, MAY 18, 1966

B-159071, MAY 18, 1966

TO AUTHORIZED CERTIFYING OFFICER, MARITIME ADMINISTRATION, DEPARTMENT OF COMMERCE:

THIS IS IN REPLY TO YOUR MEMORANDUM OF APRIL 28, 1966, SUBMITTING A RECLAIM TRAVEL VOUCHER AND MEMORANDUM OF MARIO I. ANDREA, AN EMPLOYEE OF THE DEPARTMENT OF COMMERCE, MARITIME ADMINISTRATION, WASHINGTON, D.C.

MR. ANDREA ORIGINALLY CLAIMED $9.50 FOR TRAVEL AND SUBSISTENCE EXPENSES FOR MARCH 30, 1966. THIS FIGURE REPRESENTED ONE-HALF DAY'S PER DIEM AT $11 PER DAY, AND 40 MILES TRAVEL IN HIS OWN VEHICLE AT 10 CENTS PER MILE FROM HIS HOME IN POTOMAC, MARYLAND, TO WASHINGTON NATIONAL AIRPORT. MR. ANDREA DEPARTED FROM HOME AT 6:45 A.M. FOR A 7:30 A.M. DEPARTURE FROM NATIONAL AIRPORT ON THE SHUTTLE FOR NEWARK, AND RETURNED TO NATIONAL AIRPORT AT 5:15 P.M. REACHING HIS HOME AT 6:05 P.M. THE SAME DAY. HIS CLAIM FOR PER DIEM WAS ADMINISTRATIVELY DENIED AND HE REASSERTS THIS CLAIM PLUS AN ADDITIONAL $1 FOR A PARKING FEE AT THE AIRPORT THAT HE INADVERTENTLY OMITTED INITIALLY.

FOR COMPUTING PER DIEM ALLOWANCES OFFICIAL TRAVEL GENERALLY BEGINS WHEN THE AIRPLANE IS SCHEDULED TO DEPART THE AIRPORT AND ENDS WHEN THE AIRPLANE ARRIVES AT THE AIRPORT. SECTION 6.9C, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS (SGTR). THERE IS AN EXCEPTION TO THIS RULE, NOT PRESENT IN THIS CASE, THAT IF THE TRAVELER USES HIS AUTOMOBILE BETWEEN HIS HOME AND THE AIRPORT LOCATED MORE THAN 50 MILES AWAY, THEN THE OFFICIAL TRAVEL FOR PER DIEM PURPOSES COMMENCES UPON HIS LEAVING HOME. SGTR 6.9C (1).

BASED ON THE FOREGOING RULE MR. ANDREA'S OFFICIAL TRAVEL FOR PER DIEM PURPOSES COMMENCED AT :30 A.M. THE SCHEDULED TIME OF DEPARTURE OF THE NEWARK SHUTTLE AND ENDED AT 5:15 P.M. THE TIME OF ARRIVAL OF THE RETURN FLIGHT, A TOTAL ELAPSED TIME OF 9 HOURS AND 45 MINUTES. UNDER SGTR 6.11 NO PER DIEM IS ALLOWABLE WHEN THE TRAVEL TIME IS 10 HOURS OR LESS AND COMMENCES AFTER 6 A.M. AND TERMINATES PRIOR TO 8 P.M. DURING THE SAME CALENDAR DAY. THUS, UNDER THE REGULATIONS MR. ANDREA'S CLAIM FOR PER DIEM MAY NOT BE ALLOWED. SEE 38 COMP. GEN. 511; 41 COMP. GEN. 209; 41 ID. 646. IN ARRIVING AT THE ABOVE CONCLUSION WE GAVE CONSIDERATION TO THE VIEWS EXPRESSED BY MR. ANDREA IN HIS MEMORANDUM OF APRIL 22, 1966. HOWEVER, THE REGULATIONS WHICH ARE APPLICABLE HERE CLEARLY REQUIRE DISALLOWANCE OF THE CLAIM. ANY AMENDMENTS TO THE REGULATIONS WOULD BE A MATTER FOR CONSIDERATION BY THE DIRECTOR, BUREAU OF THE BUDGET.

SINCE THE COST OF THE MILEAGE, $4, FROM MR. ANDREA'S HOME TO THE AIRPORT AND RETURN IS NOT IN EXCESS OF THE ESTIMATED CAB FARE BETWEEN THOSE TWO PLACES THAT PORTION OF THE CLAIM REPRESENTING PARKING AT THE AIRPORT, $1, IF OTHERWISE CORRECT, MAY BE CERTIFIED FOR PAYMENT. SGTR 3.5B (1) AND 3.1B. THE VOUCHER IS ENCLOSED HEREWITH.