B-180910, JUL 6, 1976
Highlights
WHERE APARTMENT IS RENTED BY THE WEEK BUT IS USED FOR LODGING ONLY 4 OR 5 NIGHTS BECAUSE EMPLOYEE ON TDY VOLUNTARILY RETURNS HOME FOR NONWORKDAYS. 7 NIGHTS SHOULD BE USED IN COMPUTING THE "AVERAGE COST OF LODGING" TO DETERMINE RATE OF PER DIEM BY LODGINGS-PLUS METHOD SINCE COSTS WERE INCURRED FOR 7 NIGHTS AND COSTS FOR 7 NIGHTS WERE INCLUDED IN THE "TOTAL COST OF LODGINGS.". A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY WHOSE PERMANENT DUTY STATION WAS HUNTSVILLE. OUR TRANSPORTATION AND CLAIMS DIVISION COMPUTED THE "AVERAGE COST OF LODGING" FOR THE PERIOD THE APARTMENT WAS RENTED BY DIVIDING THE WEEKLY RATE BY 7 NIGHTS EVEN THOUGH THE CLAIMANT USED THE APARTMENT FOR LODGING ONLY 5 (AND IN ONE INSTANCE 4) NIGHTS A WEEK BECAUSE HE RETURNED HOME FOR NONWORKDAYS.
B-180910, JUL 6, 1976
WHERE APARTMENT IS RENTED BY THE WEEK BUT IS USED FOR LODGING ONLY 4 OR 5 NIGHTS BECAUSE EMPLOYEE ON TDY VOLUNTARILY RETURNS HOME FOR NONWORKDAYS, 7 NIGHTS SHOULD BE USED IN COMPUTING THE "AVERAGE COST OF LODGING" TO DETERMINE RATE OF PER DIEM BY LODGINGS-PLUS METHOD SINCE COSTS WERE INCURRED FOR 7 NIGHTS AND COSTS FOR 7 NIGHTS WERE INCLUDED IN THE "TOTAL COST OF LODGINGS."
JAMES K. GIBBS - RECONSIDERATION OF CLAIM FOR ADDITIONAL PER DIEM UNDER LODGINGS-PLUS METHOD:
BY LETTER DATED OCTOBER 30, 1974, MR. JAMES K. GIBBS REQUESTS RECONSIDERATION OF THE METHOD USED TO COMPUTE HIS "AVERAGE COST OF LODGING" IN OUR DECISION OF OCTOBER 18, 1974, B-180910, 54 COMP.GEN. 299. THAT DECISION SUSTAINED CERTIFICATE OF SETTLEMENT NO. Z-2509080, ISSUED DECEMBER 18, 1973, BY THE TRANSPORTATION AND CLAIMS DIVISION (NOW CLAIMS DIVISION) OF THE GENERAL ACCOUNTING OFFICE WHICH DISALLOWED HIS CLAIM FOR ADDITIONAL PER DIEM AND FOUND HIM INDEBTED TO THE GOVERNMENT FOR AN OVERPAYMENT OF THIS ALLOWANCE IN THE AMOUNT OF $72.10.
MR. GIBBS, A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY WHOSE PERMANENT DUTY STATION WAS HUNTSVILLE, ALABAMA, PERFORMED TEMPORARY DUTY (TDY) AT FORT BENNING, GEORGIA, FROM JANUARY 22, 1973, THROUGH MARCH 30, 1973, UNDER A TRAVEL ORDER AUTHORIZING PER DIEM COMPUTED BY THE "LODGINGS- PLUS" METHOD. HE RETURNED HOME VOLUNTARILY AND FOR PERSONAL REASONS FOR EACH OF THE INTERVENING WEEKENDS AND THE ONE HOLIDAY.
MR. GIBBS RENTED A MOTEL AT A DAILY RATE FOR A PORTION OF HIS TDY PERIOD AND AN APARTMENT AT A WEEKLY RATE FOR THE REMAINDER. IN ADJUDICATING HIS CLAIM FOR PER DIEM IN EXCESS OF THE AMOUNT WHICH HAD BEEN ALLOWED BY THE DEPARTMENT OF THE ARMY, OUR TRANSPORTATION AND CLAIMS DIVISION COMPUTED THE "AVERAGE COST OF LODGING" FOR THE PERIOD THE APARTMENT WAS RENTED BY DIVIDING THE WEEKLY RATE BY 7 NIGHTS EVEN THOUGH THE CLAIMANT USED THE APARTMENT FOR LODGING ONLY 5 (AND IN ONE INSTANCE 4) NIGHTS A WEEK BECAUSE HE RETURNED HOME FOR NONWORKDAYS. MR. GIBBS CONTESTS THIS METHOD OF COMPUTATION ON THE BASIS OF OUR DECISION, B-176706, OCTOBER 13, 1972.
THAT DECISION HELD THAT DAYS FOR WHICH LODGING WAS NOT REQUIRED AT THE TDY SITE BECAUSE THE TRAVELER RETURNED HOME FOR NONWORKDAYS SHOULD NOT BE INCLUDED IN THE "AVERAGE COST OF LODGING" COMPUTATION. HOWEVER IN THAT CASE LODGING WAS OBTAINED ON A DAILY BASIS, NO LODGING COSTS WERE INCURRED FOR THE NIGHTS SPENT AT HOME, AND NO COSTS FOR THESE NIGHTS WERE INCLUDED IN THE "TOTAL COST OF LODGING" FROM WHICH THE "AVERAGE COST" IS OBTAINED.
WE THINK A DIFFERENT RULE APPLIES WHERE, AS HERE, LODGING IS OBTAINED ON A WEEKLY BASIS, COSTS ARE INCURRED FOR 7 NIGHTS OF THE WEEK EVEN THOUGH LODGING MAY BE ACTUALLY USED FOR ONLY 4 OR 5 NIGHTS, AND COSTS FOR THE FULL 7 NIGHTS ARE INCLUDED IN THE "TOTAL COST". IN THESE CIRCUMSTANCES, IT IS OUR VIEW THAT THE 7 NIGHTS FOR WHICH THE APARTMENT WAS RENTED, RATHER THAN THE LESSER NUMBER FOR WHICH IT WAS ACTUALLY USED FOR LODGING, SHOULD BE INCLUDED IN THE "AVERAGE COST" COMPUTATION.
ACCORDINGLY, WE FIND NO BASIS IN MR. GIBBS' CONTENTION FOR DISTURBING THE PRIOR DECISION AND IT IS THEREFORE SUSTAINED.