Request for Waiver of Indebtedness

A Veterans Administration (VA) employee appealed a settlement of the GAO Claims Division which concluded that he was indebted to the United States for the amount of per diem he received while performing temporary duty at a station which was designated to become his permanent duty station. The employee was sent to a location to open an investigative office, and was informed that once the office became operational, that location would become his permanent duty station. While on temporary duty status, the employee submitted three travel vouchers showing per diem expenses. These vouchers were initially approved and paid, but were later determined to be in error. Therefore, it was decided that the employee had been improperly paid and was expected to reimburse the Government. Per diem expenses may not be allowed at a place where an employee is on temporary duty after he receives notice that the location is to become his permanent duty station. A formal notification of transfer is not necessary to terminate an employee's per diem entitlement while on duty at a location to which he is to be transferred. Notice of transfer is sufficient when it imparts actual knowledge to the employee of the position and location of the transfer. The employee said that he should not be penalized in this case, since he was not aware that he was not entitled to per diem for the period of temporary duty. He also noted that it was inequitable to charge him alone with the responsibility for knowledge of the regulations, when other individuals in VA finance offices were aware of the situation and did not advise him concerning his temporary duty and subsequent change of station entitlements, even when he made inquiries concerning the assignment. GAO stated that while it is unfortunate that the employee was not given proper advice concerning his entitlements, in these circumstances, such actions did not afford a basis for authorizing the payment of per diem to him, since the Government is neither estopped nor bound by unauthorized acts of its agents. Accordingly, the settlement of the Claims Division was affirmed.