Per Diem Allowances for Temporary Duty

An advance decision was requested concerning the propriety of making payment on several thousand claims for additional travel allowances submitted by civilian employees who performed temporary duty at a Navy installation in the Bahamas. The employees recently learned that their travel orders may have authorized per diem allowances at a higher rate than amounts previously paid to them in accordance with Naval administrative instructions, and they are claiming the difference. As commercial lodgings and restaurants were not available in the immediate vicinity of the installation, the employees were furnished government-procured quarters and meals at nominal personal expense at the installation. The per diem rate established by a Navy instruction was based on the daily charges for quarters and meals furnished at the installation. The travel order forms of the employees contained a notation that per diem would be authorized in accordance with Joint Travel Regulations. This per diem rate was much higher than that prescribed by the Navy instruction. GAO was asked if the commanding officer acted within his lawful authority when he issued the instruction, whether the employees were entitled to the higher per diem rate in accordance with the regulations, and if previous payments to four employees who were paid in accordance with the regulations should be recouped. GAO found that the commanding officer had both the authority and responsibility to issue the instruction which established a special per diem rate. Provisions of travel orders which are in conflict with statutory law or agency instructions are invalid and cannot create an otherwise unauthorized entitlement to travel allowances. Payment may not be made on the employees' claims for additional per diem. Persons who received money erroneously are legally obligated to make restitution. Action should be taken to recoup the improper payments previously made on the claims through inadvertence.