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B-197581 1 (1980-02-20)

handle is hein.gao/gaobabjfk0001 and id is 1 raw text is: ..' z .:; ,..fl'-7j ' i - 'I V caMPr0oLLEn CIENRRAL OF TfIE UNITED STATES W*%SHmIPrroN , O..04& B-197581 February 20, 1980 ' - r i 5 1 ,i i The Honorable Sam Nunn . ', United States Senate Dear Senator Nunn; We refer to the letter of January 18, 1980, from your office, with enclosure, regarding a travel claim of Mr. Bernard Heischer, on employee of the Atlanta office of the Department of Energy, Mr. HeIscher asserts that his claim for reimbursement for breakfast purchased on a day'of travel was deniiid by the Atlanta office based upon a decision of the Comptroller General, B-190511, March 24, 1978, 57 Comp, Gcn. 367. A copy of that decision is enclosed for your Information. From the information contained in Mr. fHeischer's letter we are unable to determine the validity of his claim on that informatipn alone or whether the Atlanta office properly applied our decision 57 Comp. Gen. 367 when they denied his claim. It appears, however, that the facts as set forthtMr tr. Hfelscher approximate the factual situation in our decision fl. Curtiss Burrell, B-195940, December 26, 1979, copy enclosed. In the Burrell decision we deterinined that an employee assigned to temporary duty and authorized reimbursement for actual subsistence expenses is ordinarily expected to eat breakfast at home on the day of departure from his residence, However, where the employee's departitre is at such an early morning hour that it would be unrea- sonable to expect him to eat breakrIbst at bome, lie may be reimbursed for a breakfast purchased away from his permanent duty station. However, we also stated in the Burrell case, that the determination of whether lie should-be reimbursed for the cost of the breakfast claimed is a matter of judgment within the discretion of the agency; and th.it the controlling consideration is the amount of time 1et.,wecn the cmployce's departure and the lunch hour.

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