B-135262, FEB. 16, 1962
Highlights
YOUR CLAIM WAS DISALLOWED BECAUSE YOU WERE PAID PER DIEM IN LIEU OF SUBSISTENCE IN ACCORDANCE WITH YOUR TRAVEL ORDERS. YOU WERE AUTHORIZED TO TRAVEL TO JAPAN. SUCH OTHER PLACES AS WERE NECESSARY TO COMPLETE ASSIGNED DUTIES. UNLESS A LOWER RATE IS ENTERED HEREIN $10.00 SUBJECT TO ITEMS 5 AND 9.'. ITEM 5 OF THE ORDERS PROVIDES IN PART THAT THE RATES IN LINE 4 ARE REDUCED BY TWO-FIFTHS FOR EACH DAY GOVERNMENT QUARTERS ARE USED WITHOUT CHARGE. T- 88-650351 SHOW THAT GOVERNMENT QUARTERS WERE USED WITHOUT CHARGE. COPIES OF VOUCHERS ON FILE REQUESTING REIMBURSEMENT FOR TRAVEL PERFORMED UNDER TRAVEL ORDERS T61-Y-53 AND T-61-Y-65 SHOW THAT THE AUTHORIZED PER DIEM WAS REDUCED BY 40 PERCENT. FROM THIS WE ASSUME THAT GOVERNMENT QUARTERS WERE USED WITHOUT CHARGE.
B-135262, FEB. 16, 1962
TO MR. JAKE LAPIN:
THIS REFERS TO YOUR REGISTERED LETTER NO. 126451 OF JANUARY 21, 1962, REQUESTING RECONSIDERATION OF OUR OFFICE SETTLEMENT OF NOVEMBER 15, 1961, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE ALLEGED TO BE DUE AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY.
YOUR CLAIM WAS DISALLOWED BECAUSE YOU WERE PAID PER DIEM IN LIEU OF SUBSISTENCE IN ACCORDANCE WITH YOUR TRAVEL ORDERS. THE FILE SHOWS THAT BY TRAVEL ORDERS NOS. T-26-650074, DATED SEPTEMBER 8, 1959, T-88 650351, DATED APRIL 5, 1960, T61-Y-53, DATED APRIL 1, 1961, AND T61-Y 65, DATED JUNE 28, 1961, YOU WERE AUTHORIZED TO TRAVEL TO JAPAN, ALASKA, GUAM, AND SUCH OTHER PLACES AS WERE NECESSARY TO COMPLETE ASSIGNED DUTIES. EACH ORDER PROVIDED IN LINE 4 AS FOLLOWS: "THE APPROPRIATE BUREAU OF THE BUDGET RATE/S) OUTSIDE THE CONTINENTAL U.S. UNLESS A LOWER RATE IS ENTERED HEREIN $10.00 SUBJECT TO ITEMS 5 AND 9.' ITEM 5 OF THE ORDERS PROVIDES IN PART THAT THE RATES IN LINE 4 ARE REDUCED BY TWO-FIFTHS FOR EACH DAY GOVERNMENT QUARTERS ARE USED WITHOUT CHARGE. COPIES OF VOUCHERS ON FILE REQUESTING REIMBURSEMENT FOR TRAVEL PERFORMED UNDER TRAVEL ORDERS T-26-650074, AND T- 88-650351 SHOW THAT GOVERNMENT QUARTERS WERE USED WITHOUT CHARGE. COPIES OF VOUCHERS ON FILE REQUESTING REIMBURSEMENT FOR TRAVEL PERFORMED UNDER TRAVEL ORDERS T61-Y-53 AND T-61-Y-65 SHOW THAT THE AUTHORIZED PER DIEM WAS REDUCED BY 40 PERCENT. FROM THIS WE ASSUME THAT GOVERNMENT QUARTERS WERE USED WITHOUT CHARGE. YOU WERE PAID $6 PER DIEM IN LIEU OF SUBSISTENCE FOR THE TRAVEL IN ACCORDANCE WITH THE ORDERS. YOU NOW CONTEND THAT AN ADDITIONAL AMOUNT REPRESENTING THE DIFFERENCE BETWEEN THE AMOUNT PAID AND THREE-FIFTHS OF THE LOCALITY RATE SHOULD BE ALLOWED.
YOU SAY THAT THE DEPARTMENT OF THE NAVY CIVILIAN PERSONNEL INSTRUCTIONS NCPI 4650.8-3C (2) (B) WHICH PROVIDES IN PART THAT, WHEN GOVERNMENT QUARTERS ARE USED OUTSIDE THE CONTINENTAL UNITED STATES AND A CHARGE NOT IN EXCESS OF $1.50 MUST BE PAID BY THE TRAVELER, THE PER DIEM RATE WILL BE $6 OR THREE-FIFTHS OF THE ESTABLISHED LOCALITY RATE, WHICHEVER IS GREATER, IS MADE MANDATORY BY LETTER DATED AUGUST 29, 1961, REFERENCE NCT3 4600/7100, FROM THE COMPTROLLER OF THE NAVY TO THE OFFICER IN CHARGE, U.S. NAVY AUDIT OFFICE, YOKOSUKA. YOU WERE INFORMED IN OUR OFFICE SETTLEMENT OF NOVEMBER 15, 1961, THAT THE DEPARTMENT OF NAVY LETTER TO WHICH YOU REFER IS DATED AFTER YOUR TRAVEL WAS COMPLETED AND IS NOT DIRECTED SPECIFICALLY TO YOUR ORDERS. FURTHERMORE, NAVY CIVILIAN PERSONNEL INSTRUCTIONS 4650.8-3C (2) (B), IS ENTITLED "QUARTERS WITH CHARGE, MEALS WITHOUT ARGE," AND IS APPLICABLE ONLY WHERE QUARTERS ARE FURNISHED WITH A CHARGE. THE REGULATIONS THAT ARE APPLICABLE IN YOUR CASE ARE NAVY CIVILIAN PERSONNEL INSTRUCTIONS NCPI 240.8-3B AND 240.8-3C (1) DATED MARCH 13, 1959, IN EFFECT AT THE TIME OF THE TRAVEL IN QUESTION. FOR TRAVEL OUTSIDE THE CONTINENTAL UNITED STATES NAVY CIVILIAN PERSONNEL INSTRUCTIONS NCPI 240.8-3B AND 240.8-3C (1) PROVIDED IN PART AS FOLLOWS:
"B. OUTSIDE THE CONTINENTAL UNITED STATES.--- * * * A PER DIEM ALLOWANCE NOT TO EXCEED THE APPROPRIATE BUREAU OF THE BUDGET ESTABLISHED LOCALITY RATE MAY BE AUTHORIZED OR APPROVED * * *.
"C. ADJUSTMENTS.--- THE PER DIEM RATES AUTHORIZED OR APPROVED UNDER * * * B, ABOVE, SHALL BE SUBJECT TO THE FOLLOWING ADJUSTMENTS:
(1) QUARTERS * * * WITHOUT CHARGE.--- WHEN GOVERNMENT QUARTERS ARE USED WITHOUT CHARGE * * * THE AUTHORIZED PER DIEM RATE SHALL BE REDUCED BY TWO- FIFTHS FOR EACH DAY SUCH QUARTERS ARE USED * * * PROVIDED THE MINIMUM AUTHORIZED PER DIEM SHALL BE * * * ONE-FIFTH OF THE BUREAU OF THE BUDGET ESTABLISHED LOCALITY RATE OUTSIDE THE UNITED STATES.'
SIMILAR PROVISIONS ARE CONTAINED IN NAVY CIVILIAN PERSONNEL INSTRUCTIONS NCPI 4650.8-3B AND 4650.8-3C (1) DATED JULY 1960.
UNDER THE ABOVE-QUOTED REGULATIONS IT IS WITHIN THE DISCRETION OF THE ADMINISTRATIVE OFFICE TO AUTHORIZE A PER DIEM ALLOWANCE NOT TO EXCEED THE APPROPRIATE BUREAU OF THE BUDGET LOCALITY RATE. ALSO, WHERE GOVERNMENT QUARTERS ARE USED BY AN EMPLOYEE WITHOUT CHARGE THE ADMINISTRATIVE OFFICE IS REQUIRED TO REDUCE THE AUTHORIZED PER DIEM BY TWO-FIFTHS FOR EACH DAY SUCH QUARTERS ARE USED.
SINCE YOU HAVE RECEIVED PER DIEM IN LIEU OF SUBSISTENCE IN ACCORDANCE WITH THE TRAVEL ORDERS AND APPLICABLE NAVY CIVILIAN PERSONNEL REGULATIONS THERE IS NO AUTHORITY TO PAY YOU ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE.
THEREFORE, THE ACTION TAKEN IN OUR STATEMENT OF NOVEMBER 15, 1961, IS SUSTAINED.