George E. Sims

B-260780 Jul 16, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights The delay in Hawaii was beyond the control of the employee. Was not for his personal convenience. The employee acted as a prudent person would have acted under the same circumstances. DECISION This advance decision is made at the request of John F. Concurrent travel was in accordance with United States Army Kwajalein Atoll Regulation 210-10. Sims' request for per diem for his spouse and dependents was denied by the agency on the basis that per diem for dependents is limited to that allowable for uninterrupted travel by the authorized route between the old and new duty stations. Per diem for the interrupted stay in Hawaii was considered in excess of the constructive travel time and was denied for the dependents. View Decision Matter of: George E. Sims File: B-260780 Date: July 16, 1996 Payment may be made to the employee for his dependents' per diem for the period in Hawaii from July 13 through July 17, 1993, while en route from the old duty station in Albuquerque, New Mexico, to the new duty station in the Kwajalein Atoll, Marshall Islands, pursuant to the employee's permanent change of station. The delay in Hawaii was beyond the control of the employee, was not for his personal convenience, and the employee acted as a prudent person would have acted under the same circumstances. DECISION This advance decision is made at the request of John F. Best, an authorized certifying officer, U.S. Army Corps of Engineers, Department of the Army, to determine whether he may certify for payment certain travel expenses, including per diem, for the family of a civilian employee of the U.S. Army Corps of Engineers, Mr. George E. Sims. Mr. Sims' family traveled concurrently with him in connection with his permanent station from Albuquerque, New Mexico, to Kwajalein Atoll, Marshall Islands, in 1993. BACKGROUND Mr. Sims' travel orders gave him authorization to travel concurrently with his wife and four dependent children (ages 9, 6, 3, and 1). Concurrent travel was in accordance with United States Army Kwajalein Atoll Regulation 210-10, USASDC, 21 October 1986, which states that family members may enter Kwajalein without prior approval only when accompanied by the sponsor and travelling on official orders. The employee and his family arrived in Honolulu, Hawaii, on Tuesday afternoon, July 13, 1993, so that the employee could "in-process" for 2 days at Fort Shafter, a requirement before entering Kwajalein. The employee's spouse and dependents stayed in Hawaii during this time, planning to depart on the next available U.S. military flight for Kwajalein on Friday morning, July 16. Due to mechanical problems, this flight returned to Hickam Air Force Base in Honolulu three separate times before arriving in Kwajalein at 10:45 p.m. on the evening of July 17. The certifying officer asks whether Mr. Sims may receive per diem for his spouse and dependent children from July 13 through July 17 for their stay in Hawaii while en route to his permanent station in Kwajalein. Mr. Sims' request for per diem for his spouse and dependents was denied by the agency on the basis that per diem for dependents is limited to that allowable for uninterrupted travel by the authorized route between the old and new duty stations. As a result, per diem for the interrupted stay in Hawaii was considered in excess of the constructive travel time and was denied for the dependents. ANALYSIS The payment of travel and transportation expenses of transferred government employees and their dependents is authorized under 5 U.S.C. Sec. 5724a, as implemented by the Joint Travel Regulations (JTR). Paragraph C7000 of the JTR provides that travel and transportation expenses of dependents at government expense may be authorized or approved in connection with permanent duty travel of the employee concerned. Per diem, which is a daily allowance for lodging, meals, and related incidental expenses, is limited for dependents to that allowable for uninterrupted travel by the authorized mode over a usually traveled route between the old and new duty stations. The issue in this matter is whether the dependents' layover in Hawaii can be considered part of "uninterrupted travel" over a usually traveled route so that they would be entitled to per diem during their stay there from July 13 through July 17. In the case of Hank Meshorer, 68 Comp.Gen. 37 (1988), a transferred employee traveled to his new duty station by an indirect route to avoid a severe heat wave.