B-127806, JUL. 25, 1956

B-127806: Jul 25, 1956

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THAT IS $5. WAS AUTHORIZED IN ACCORDANCE WITH CPR T3.4-4 AND CPR T3.8-2. NOT LESS THAN ONE-FIFTH OF THE AUTHORIZED PER DIEM RATE WILL BE DEDUCTED FOR EACH MEAL AND/OR LODGING FURNISHED WITHOUT CHARGE BY A GOVERNMENT AGENCY.'. APPARENTLY IT IS YOUR VIEW THAT THE ABOVE-QUOTED REGULATIONS IS IN CONFLICT WITH THE ARMY REGULATION REFERRED TO BY YOU AS CPR T3.8 PAR. 8- 2F/4) IN THE SECOND PARAGRAPH OF YOUR LETTER. THE LANGUAGE OF THAT PARAGRAPH IN FULL IS AS FOLLOWS: "/4) IN CASES WHERE IT IS KNOWN THAT GOVERNMENT QUARTERS WILL BE UTILIZED BY THE EMPLOYEE AT A COST AND A UNIFORM PER DIEM ALLOWANCE OF $6 OR LESS HAS BEEN ESTABLISHED FOR ALL TRAVEL TO A PARTICULAR INSTALLATION. NO FURTHER REDUCTIONS FOR QUARTERS WILL BE MADE.'.

B-127806, JUL. 25, 1956

TO MR. LEONARD S. MOORE:

WE REFER TO YOUR RECENT LETTER REQUESTING REVIEW OF OUR SETTLEMENT OF JANUARY 17, 1956, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF DEDUCTIONS MADE FROM YOUR PER DIEM ALLOWANCE FOR QUARTERS DURING THE PERIOD FROM SEPTEMBER 14 TO 27, 1954, WHILE ON TEMPORARY DUTY IN FORT CHURCHILL, MANITOBA, CANADA, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.

IN YOUR TRAVEL ORDERS DATED AUGUST 26, 1954, THE MAXIMUM PER DIEM ALLOWABLE, THAT IS $5, WAS AUTHORIZED IN ACCORDANCE WITH CPR T3.4-4 AND CPR T3.8-2, JANUARY 30, 1953, AS AMENDED. THE AMOUNT CLAIMED BY YOU REPRESENTS DEDUCTIONS OF $1 PER DAY (ONE-FIFTH OF THE $5 PER DIEM ALLOWANCE AUTHORIZED UNDER YOUR TRAVEL ORDERS) FOR USE OF GOVERNMENT QUARTERS FURNISHED YOU WITHOUT CHARGE AT FORT CHURCHILL. THE ARMY REGULATION IN THAT REGARD DERIVES FROM SECTION 47A OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WHICH READS:

"A. NOT LESS THAN ONE-FIFTH OF THE AUTHORIZED PER DIEM RATE WILL BE DEDUCTED FOR EACH MEAL AND/OR LODGING FURNISHED WITHOUT CHARGE BY A GOVERNMENT AGENCY.'

APPARENTLY IT IS YOUR VIEW THAT THE ABOVE-QUOTED REGULATIONS IS IN CONFLICT WITH THE ARMY REGULATION REFERRED TO BY YOU AS CPR T3.8 PAR. 8- 2F/4) IN THE SECOND PARAGRAPH OF YOUR LETTER. THE LANGUAGE OF THAT PARAGRAPH IN FULL IS AS FOLLOWS:

"/4) IN CASES WHERE IT IS KNOWN THAT GOVERNMENT QUARTERS WILL BE UTILIZED BY THE EMPLOYEE AT A COST AND A UNIFORM PER DIEM ALLOWANCE OF $6 OR LESS HAS BEEN ESTABLISHED FOR ALL TRAVEL TO A PARTICULAR INSTALLATION, NO FURTHER REDUCTIONS FOR QUARTERS WILL BE MADE.'

YOUR CASE FALLS WITHIN THE PURVIEW OF PARAGRAPH F/2) RATHER THAN F/4) OF THE REGULATIONS, THE DISTINCTION BEING THAT IN PARAGRAPH F/4), QUOTED ABOVE, THE COST OF QUARTERS IS ASSESSED DIRECTLY AGAINST THE EMPLOYEE BY THE RESPONSIBLE OFFICER AND PAID BY THE EMPLOYEE AS AN OUT OF-POCKET EXPENSE. CONSEQUENTLY, A DEDUCTION FROM PER DIEM IS NOT AUTHORIZED. OTHERWISE THE EMPLOYEE WOULD BE SUBJECT TO A DUPLICATE CHARGE. UNDER PARAGRAPH F/2) THE COST OF QUARTERS--- WHICH, IN EITHER CASE, IS REQUIRED BY LAW TO BE ASSESSED--- IS COLLECTED INDIRECTLY FROM THE EMPLOYEE BY A DEDUCTION FROM HIS AUTHORIZED PER DIEM RATE.

IT IS BELIEVED THAT THE FOREGOING WILL CLARIFY OUR SETTLEMENT OF JANUARY 17, 1956, WHICH, UPON REVIEW, IS FOUND TO BE CORRECT AND MUST BE SUSTAINED.