B-123286, JUL. 20, 1955

B-123286, JUL. 20, 1955

TO MR. WILLIAM M. EMORY:

YOUR LETTER OF FEBRUARY 31, 1955, REQUESTS REVIEW OF THE SETTLEMENT OF JANUARY 10, 1955, INSOFAR AS IT DISALLOWED THAT PORTION OF YOUR CLAIM FOR PER DIEM IN LIEU OF SUBSISTENCE FOR THE PERIOD JANUARY 9 TO NOVEMBER 11, 1953, EXCLUSIVE OF APRIL 10 TO AUGUST 31, 1953. THE DISALLOWANCE OF YOUR CLAIM FOR THE PERIOD JANUARY 9 TO SEPTEMBER 7, 1953, WAS FOR THE REASON THAT YOU RECEIVED NOTICE OF THE CHANGE OF YOUR OFFICIAL HEADQUARTERS FROM MUSCLE SHOALS, ALABAMA, TO ANNISTON, ALABAMA, JANUARY 9, 1953. YOUR CLAIM FOR THE PERIOD SEPTEMBER 8 TO NOVEMBER 11, 1953, WAS DISALLOWED BECAUSE IT IS ADMINISTRATIVELY REPORTED THAT DURING THE PERIOD GOVERNMENT TRANSPORTATION WAS AVAILABLE EACH DAY FROM ANNISTON TO THE ALABAMA ORDNANCE PLANT AND CONSEQUENTLY NO PER DIEM IN LIEU OF SUBSISTENCE WAS AUTHORIZED.

IN YOUR REQUEST FOR REVIEW YOU SAY THAT THE TRANSFER OF HEADQUARTERS WAS NOT EFFECTIVE IN VIEW OF THE PERSONNEL ACTION ISSUED ON JANUARY 14, 1953. BY TRAVEL ORDER DATED NOVEMBER 26, 1952, YOU WERE DIRECTED TO REPORT TO ANNISTON, ALABAMA, FOR TEMPORARY DUTY, AND A PER DIEM IN LIEU OF SUBSISTENCE WAS AUTHORIZED FOR SUCH DUTY. THE TRAVEL ORDER OF DECEMBER 22, 1952, DIRECTED YOUR OFFICIAL TRANSFER OF HEADQUARTERS FROM MUSCLE SHOALS TO ANNISTON, BUT STATED THAT NO PER DIEM WOULD BE PAYABLE AS YOU WERE ON DUTY AT ANNISTON. STANDARD FORM 50, ENTITLED NOTIFICATION OF PERSONNEL ACTION, AND ISSUED TO YOU ON JANUARY 14, 1953, DESIGNATED THE CHANGE AS A "REASSIGNMENT" PENDING RETURN OF ANOTHER EMPLOYEE FROM LEAVE WITHOUT PAY. SUCH NOTIFICATION DID NOT RELATE TO OR AFFECT YOUR RIGHT TO A PER DIEM ALLOWANCE. AS YOU RECEIVED ACTUAL NOTICE OF THE TRANSFER OF HEADQUARTERS JANUARY 9, 1953, THE TRANSFER BECAME EFFECTIVE AT THAT TIME. NO FURTHER ORDERS WERE ISSUED BY AN AUTHORIZED OFFICIAL TERMINATING THE CHANGE OF DUTY STATION ORDERS AND AUTHORIZING REINSTATEMENT OF A TRAVEL STATUS. CONSEQUENTLY NO PER DIEM IS PAYABLE TO YOU FOR THE PERIOD JANUARY 9 TO SEPTEMBER 7, 1953, WHILE AT ANNISTON. SEE 23 COMP. GEN. 711; 24 ID. 593; 30 ID. 94.

CONCERNING THE PERIOD BEGINNING SEPTEMBER 8, 1953, YOU DISPUTE THE ADMINISTRATIVE REPORT THAT GOVERNMENT TRANSPORTATION TO AND FROM THE ALABAMA ORDNANCE DEPOT WAS AVAILABLE DAILY. OUR ESTABLISHED RULE IS TO ACCEPT THE REPORT OF THE ADMINISTRATIVE OFFICERS ON DISPUTED QUESTIONS OF FACT, IN THE ABSENCE OF SUFFICIENT EVIDENCE TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF. IRRESPECTIVE OF THAT, HOWEVER, PER DIEM IN LIEU OF SUBSISTENCE IS PAYABLE TO AN EMPLOYEE ONLY WHEN ABSENT FROM HIS OFFICIAL HEADQUARTERS ON TEMPORARY DUTY UNDER ORDERS AUTHORIZING A PER DIEM IN LIEU OF SUBSISTENCE, OR WHEN SUBSEQUENTLY APPROVED. A PER DIEM IN LIEU OF SUBSISTENCE WAS NOT AUTHORIZED INCIDENT TO YOUR TEMPORARY DUTY AT THE ALABAMA ORDNANCE PLANT AND THE PAYMENT OF PER DIEM HAS NOT BEEN ADMINISTRATIVELY APPROVED. THE REASON FOR THE FAILURE OR REFUSAL OF THE ADMINISTRATIVE OFFICIAL TO AUTHORIZE OR APPROVE PER DIEM IS NOT MATERIAL.