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B-195940 1 (1979-12-26)

handle is hein.gao/gaobadhvc0001 and id is 1 raw text is: *VER0 1 11377 o THE COMIPTROLLER GENERAL DECISION N OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-195940 DATE: December 26, 1979 MATTER OF: H. Curtiss Burrell - Claim for Actual Subsistence Expense for Breakfas7 DIGEST: 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 departure is at such an early morning hour that it would be unreasonable to expect him to eat breakfast at home, he may be reimbursed for a breakfast purchased away from his permanent duty station. By a letter dated August 30, 1979, an official of the Drug Enforcement Administration (DEA), has requested our decision regarding P the propriety of reimbursement for breakfasts consumed in a travel status by H. Curtiss Burrell,.an employee of the DEA. Most of the vouchers submitted relate to the same factual situation. Mr. Burrell, whose official duty station is San Diego, California, was assigned to temporary duty in Los Angeles. Since Los Angeles is a designated high rate geographical area under paragraph 1-3.6 of the Federal Travel Regulations, he was authorized actual subsistence expenses in lieu of per diem. Instead of traveling to Los Angeles the previous night, Mr. Burrell departed from his residence early in the morning between 4:30 a.m. and 6:30 a.m. Although he completed temporary duty and returned the same night or early the next morning, in each instance he was in a travel status in excess of 10 hours and, thus, not subject to the rule against reimbursement where travel time is 10 hours or less. See Nicholas M. Veneziano, B-194197, September 27, 1979, 58 Comp. Gen. On the mornings that he departed early from his residence, Mr. Burrell ate breakfast en route to or at his temporary duty station. Based on our holdings in Bennie L. Pierce, B-185826, May 28, 1976, and Roscoe L. Simmons, B-189622, March 24, 1978, DEA denied Mr. Burrell's claim for reimbursement for the cost of that meal. Mr. Burrell has asked that the disallowance be reconsidered

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