B-128734, AUG. 16, 1956

B-128734: Aug 16, 1956

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DENNY: FURTHER REFERENCE IS MADE TO YOUR LETTER REQUESTING REVIEW OF OUR SETTLEMENT WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE DURING THE PERIOD FROM AUGUST 7 TO 26. ON THAT DATE THE MAXIMUM RATE SPECIFIED BY THE CIVILIAN PERSONNEL REGULATIONS WAS $9 PER DIEM AND WITHOUT AN AMENDMENT TO THE TRAVEL ORDERS EITHER OF A GENERAL OR SPECIAL NATURE BY THE DEPARTMENT OR AGENCY CONCERNED NO HIGHER RATE MAY BE RECOGNIZED. AGENCY ACTION INCREASING THE RATE FOR THE EMPLOYEE INVOLVED IS REQUIRED BEFORE A HIGHER RATE BECOMES EFFECTIVE. TRAVEL ORDERS IN EFFECT SHOULD BE EXAMINED AND WHERE INCREASE IN THE RATE OF PER DIEM SPECIFIED AT THE TIME THE ORDERS WERE ISSUED IS WARRANTED.

B-128734, AUG. 16, 1956

TO MRS. MILDRED K. DENNY:

FURTHER REFERENCE IS MADE TO YOUR LETTER REQUESTING REVIEW OF OUR SETTLEMENT WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE DURING THE PERIOD FROM AUGUST 7 TO 26, 1955, WHILE ON TEMPORARY DUTY AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY AWAY FROM YOUR PERMANENT STATION AT FORT GEORGE G. MEADE, MARYLAND.

IT APPEARS THAT YOUR TRAVEL ORDERS DATED JUNE 22, 1955, AUTHORIZED THE MAXIMUM PER DIEM RATE UNDER CPR T3.4-4. ON THAT DATE THE MAXIMUM RATE SPECIFIED BY THE CIVILIAN PERSONNEL REGULATIONS WAS $9 PER DIEM AND WITHOUT AN AMENDMENT TO THE TRAVEL ORDERS EITHER OF A GENERAL OR SPECIAL NATURE BY THE DEPARTMENT OR AGENCY CONCERNED NO HIGHER RATE MAY BE RECOGNIZED. ALTHOUGH THE ACT OF JULY 28, 1955, 69 STAT. 393, AUTHORIZED AN INCREASE IN THE MAXIMUM PER DIEM RATE, FROM $9 TO $12 PER DAY, THE PROVISIONS OF THAT ACT DID NOT BECOME EFFECTIVE AUTOMATICALLY. AGENCY ACTION INCREASING THE RATE FOR THE EMPLOYEE INVOLVED IS REQUIRED BEFORE A HIGHER RATE BECOMES EFFECTIVE. SEE 35 COMP. GEN. 148.

SO FAR AS MATERIAL HERE, THE ARMY REGULATIONS (CHANGE 7, CPR T3, DATED AUGUST 11, 1955), RELATING TO CHANGES IN PER DIEM RATES FOR TRAVEL PERFORMED WITHIN THE UNITED STATES, READS AS FOLLOWS:

"2. TRAVEL ORDERS IN EFFECT SHOULD BE EXAMINED AND WHERE INCREASE IN THE RATE OF PER DIEM SPECIFIED AT THE TIME THE ORDERS WERE ISSUED IS WARRANTED, AMENDED ORDERS SHOULD BE ISSUED. AN INCREASED RATE MAY BE AUTHORIZED ONLY FROM THE DATE OF AMENDMENT OF TRAVEL ORDERS.'

THE RECORD SHOWS THAT YOUR ORDERS WERE NOT AMENDED PRIOR TO THE TRAVEL SO AS TO ENABLE YOU TO BE PAID THE $12 MAXIMUM RATE AS REQUIRED BY THE ABOVE- CITED REGULATIONS. THE FACT THAT THE ADMINISTRATIVE OFFICIALS CONCERNED MAY NOT HAVE BEEN AWARE THAT A HIGHER RATE OF PER DIEM WAS REQUIRED TO BE AUTHORIZED BY AMENDMENT OF YOUR TRAVEL ORDERS WOULD NOT WARRANT ANY EXCEPTION TO THE WELL-ESTABLISHED RULE WHICH PRECLUDES RETROACTIVE CHANGES IN PER DIEM RATES. CF. 28 COMP. GEN. 732.

ACCORDINGLY, UPON THE BASIS OF THE PRESENT RECORD WE REGRET TO INFORM YOU THAT OUR SETTLEMENT OF JULY 6, 1956, MUST BE SUSTAINED.