B-127940, JUN. 27, 1956

B-127940: Jun 27, 1956

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YOU WERE DIRECTED TO TRAVEL FROM PHILADELPHIA. NOT TO EXCEED THE COST OF TRAVEL BY COMMON CARRIER BUT EXPRESSLY PROVIDED THAT A PER DIEM IN LIEU OF SUBSISTENCE WAS NOT AUTHORIZED. PROVIDES IN PART: "* * * IT IS THE RESPONSIBILITY OF THE DEPARTMENTS AND ESTABLISHMENTS TO SEE THAT TRAVEL ORDERS AUTHORIZE ONLY SUCH PER DIEM ALLOWANCES AS ARE JUSTIFIED BY THE CIRCUMSTANCES SURROUNDING THE TRAVEL. SINCE YOU CONTINUED TO MAINTAIN YOUR RESIDENCE IN WASHINGTON AT WHICH YOU AND YOUR FAMILY DWELT WHILE YOU WERE IN WASHINGTON IT WAS DETERMINED BY THE DEPARTMENT OF THE ARMY THAT YOU WERE SUBJECTED TO NO ADDITIONAL EXPENSE BECAUSE OF YOUR TEMPORARY TRAVEL STATUS IN THAT CITY AND. WERE ENTITLED TO NO PER DIEM.

B-127940, JUN. 27, 1956

TO MR. MURRAY CHAIS:

THE DEPARTMENT OF THE ARMY HAS REFERRED TO OUR OFFICE YOUR LETTER DATED FEBRUARY 20, 1956, REQUESTING RECONSIDERATION OF THAT PORTION OF THE VOUCHER SETTLEMENT DATED OCTOBER 27, 1955, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM IN LIEU OF SUBSISTENCE WHILE ON TEMPORARY DUTY AT WASHINGTON, D.C., AS AN EMPLOYEE OF THE DEPARTMENT.

THE RECORD SHOWS THAT BY ORDERS DATED NOVEMBER 19, 1954, AS AMENDED NOVEMBER 30, 1954, ISSUED BY THE FIRST TRANSPORTATION ZONE OFFICE, PITTSBURGH, PENNSYLVANIA, YOU WERE DIRECTED TO TRAVEL FROM PHILADELPHIA, PENNSYLVANIA, TO WASHINGTON, D.C., FOR APPROXIMATELY 30 DAYS' TEMPORARY DUTY BEGINNING ON OR ABOUT NOVEMBER 24, 1954. THE ORDERS AUTHORIZED TRAVEL BY PRIVATELY OWNED AUTOMOBILE AT THE RATE OF SEVEN CENTS PER MILE, NOT TO EXCEED THE COST OF TRAVEL BY COMMON CARRIER BUT EXPRESSLY PROVIDED THAT A PER DIEM IN LIEU OF SUBSISTENCE WAS NOT AUTHORIZED.

BY INDORSEMENT DATED APRIL 20, 1955, THE DEPARTMENT OF THE ARMY SUBMITTED YOUR TRAVEL VOUCHER HERE FOR DIRECT SETTLEMENT. THE GENERAL ACCOUNTING OFFICE APPROVED THE PAYMENT OF $7.33, REPRESENTING COSTS OF TRAVEL FROM PHILADELPHIA TO WASHINGTON, D.C., BY COMMON CARRIER, AND DISALLOWED THE AMOUNT CLAIMED AS PER DIEM IN VIEW OF THE PROVISION IN THE ORDERS PERTAINING THERETO. YOUR PRESENT LETTER REQUESTS A REVIEW OF THAT SETTLEMENT SO FAR AS IT RELATES TO PER DIEM.

PARAGRAPH 45 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, CONTROLLING THE ALLOWANCE OF PER DIEM IN LIEU OF SUBSISTENCE IN THE CASE OF GOVERNMENT EMPLOYEES TRAVELING ON OFFICIAL BUSINESS AWAY FROM THEIR DESIGNATED POSTS OF DUTY, PROVIDES IN PART:

"* * * IT IS THE RESPONSIBILITY OF THE DEPARTMENTS AND ESTABLISHMENTS TO SEE THAT TRAVEL ORDERS AUTHORIZE ONLY SUCH PER DIEM ALLOWANCES AS ARE JUSTIFIED BY THE CIRCUMSTANCES SURROUNDING THE TRAVEL. TO THIS END, CARE SHOULD BE EXERCISED TO PREVENT THE FIXING OF A PER DIEM ALLOWANCE IN EXCESS OF THAT REQUIRED TO MEET THE NECESSARY AUTHORIZED EXPENSES.'

APPARENTLY, SINCE YOU CONTINUED TO MAINTAIN YOUR RESIDENCE IN WASHINGTON AT WHICH YOU AND YOUR FAMILY DWELT WHILE YOU WERE IN WASHINGTON IT WAS DETERMINED BY THE DEPARTMENT OF THE ARMY THAT YOU WERE SUBJECTED TO NO ADDITIONAL EXPENSE BECAUSE OF YOUR TEMPORARY TRAVEL STATUS IN THAT CITY AND, THEREFORE, WERE ENTITLED TO NO PER DIEM.

FURTHER, THE PAYMENT OF PER DIEM FOR TEMPORARY DUTY PERFORMED AT AN EMPLOYEE'S PLACE OF DOMICILE IS PROHIBITED BY THE PROVISIONS OF DEPARTMENT OF THE ARMY CIVILIAN PERSONNEL REGULATIONS, CPR T3.8-2H, WHICH ARE AS FOLLOWS:

"TDY PERFORMED AT PLACE OF DOMICILE

"H. AN EMPLOYEE WHO PERFORMS TDY AT THE PLACE OF HIS DOMICILE, WHICH IS OTHER THAN HIS PERMANENT DUTY STATION, WILL BE REGARDED AS HAVING DUAL HEADQUARTERS AND THEREFORE IS NOT ENTITLED TO PAYMENT OF PER DIEM WHILE ON DUTY AT HIS DOMICILE.'

ACCORDINGLY, THE VOUCHER SETTLEMENT DATED OCTOBER 27, 1955, DISALLOWING YOUR CLAIM FOR PER DIEM, IS FOUND CORRECT AND MUST BE SUSTAINED.