B-130714, APR. 1, 1957

B-130714: Apr 1, 1957

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WHICH WAS DENIED BY SETTLEMENT OF JANUARY 14. WE ARE NOT SURE AS TO WHICH OF THE DOCUMENTS IN THE FILE ARE THE "BASIC CORRESPONDENCE. WE ARE ENCLOSING COPIES OF THE DOCUMENTS BELIEVED TO BE THOSE TO WHICH YOU REFER. YOUR ATTENTION IS INVITED TO ITEM 1. ATTACHMENT 1 IS AN ADVANCE COPY OF THE REVISED REGULATIONS IMPLEMENTING THESE CHANGES FOR THE AIR FORCE. PENDING RECEIPT OF CHANGE AFM 40-10D THIS ATTACHMENT WILL BE FILED WITH AFM 40-10. "2. THE REVISED PARAGRAPHS 19 AND 20 ARE EFFECTIVE 1 AUGUST 1955. TRAVEL ORDERS ISSUED PRIOR TO THAT DATE FOR EMPLOYEES IN A TRAVEL STATUS ON AND AFTER THE EFFECTIVE DATE WILL NOT ENTITLE TRAVELER TO PER DIEM REIMBURSEMENT IN EXCESS OF THE PER DIEM RATE PRESCRIBED BY THE ORDER.

B-130714, APR. 1, 1957

TO MR. JAMES H. THOMPSON:

IN YOUR LETTERS OF JANUARY 21, 1957, AND FEBRUARY 25, 1957, YOU REQUEST US TO RETURN CERTAIN PAPERS PERTAINING TO YOUR CLAIM FOR AN ADJUSTMENT IN PER DIEM COVERNING THE PERIOD FROM AUGUST 7 TO OCTOBER 20, 1955, WHICH WAS DENIED BY SETTLEMENT OF JANUARY 14, 1957.

WE ARE NOT SURE AS TO WHICH OF THE DOCUMENTS IN THE FILE ARE THE "BASIC CORRESPONDENCE," THE RETURN OF WHICH YOU REQUEST, BUT IN ANY EVENT ALL OF THE ORIGINAL DOCUMENTS, HAVING BEEN FILED IN CONNECTION WITH YOUR CLAIM, BECAME A PART OF THE OFFICIAL FILES OF THE GENERAL ACCOUNTING OFFICE AND MAY NOT BE RETURNED. WE CAN RETURN ONLY SUCH PURELY PERSONAL DOCUMENTS AS MARRIAGE LICENSES, MILITARY DISCHARGE PAPERS, AND SIMILAR PAPERS. SEE 21 F.R. 2649, 4 CFR 3.1/B). HOWEVER, WE ARE ENCLOSING COPIES OF THE DOCUMENTS BELIEVED TO BE THOSE TO WHICH YOU REFER.

WITH REGARD TO YOUR CLAIM FOR PAYMENT OF PER DIEM AT THE RATE OF $12 PER DAY, YOUR ATTENTION IS INVITED TO ITEM 1, DEPARTMENT OF THE AIR FORCE CIVILIAN PERSONNEL LETTER 21-55, DATED JULY 29, 1955, WHICH, IN PERTINENT PART, PROVIDES AS FOLLOWS:

"1. P.L. 189, 84TH CONGRESS, INCREASES THE MAXIMUM PER DIEM RATE WITHIN THE CONTINENTAL UNITED STATES BY AMENDMENT OF SECTION 3 OF THE TRAVEL EXPENSE ACT OF 1949. ALSO, A RECENT CHANGE TO DEPARTMENT OF DEFENSE INSTRUCTION, SUBJECT: "MILEAGE AND PER DIEM FOR CIVILIAN EMPLOYEES," REQUIRES CERTAIN MODIFICATIONS OF SECTION IV, CHAPTER 9, AFM 40-10. ATTACHMENT 1 IS AN ADVANCE COPY OF THE REVISED REGULATIONS IMPLEMENTING THESE CHANGES FOR THE AIR FORCE. PENDING RECEIPT OF CHANGE AFM 40-10D THIS ATTACHMENT WILL BE FILED WITH AFM 40-10.

"2. THE REVISED PARAGRAPHS 19 AND 20 ARE EFFECTIVE 1 AUGUST 1955. TRAVEL ORDERS ISSUED PRIOR TO THAT DATE FOR EMPLOYEES IN A TRAVEL STATUS ON AND AFTER THE EFFECTIVE DATE WILL NOT ENTITLE TRAVELER TO PER DIEM REIMBURSEMENT IN EXCESS OF THE PER DIEM RATE PRESCRIBED BY THE ORDER, UNLESS BY TRAVEL ORDER AMENDMENT. TRAVEL ORDER AMENDMENTS EFFECT (SIC) TRAVEL PERFORMED ON AND AFTER DATE AMENDMENT IS ISSUED AND WILL NOT BE RETROACTIVE. NOTWITHSTANDING THE EFFECTIVE DATE OF THE INCREASE IN THE MAXIMUM PER DIEM RATE, TRAVEL ORDERS ISSUED AFTER THAT DATE WILL NOT ENTITLE TRAVELER TO THE INCREASED PER DIEM REIMBURSEMENT IF A LOWER MAXIMUM PER DIEM RATE IS AUTHORIZED IN A TRAVEL ORDER.

"3. TRAVEL ORDER REQUESTING AND APPROVING OFFICIALS WILL GIVE CAREFUL CONSIDERATION TO THE PROVISIONS OF SECTION III, CHAPTER 9, BEFORE PRESCRIBING THE MAXIMUM $12.00 PER DIEM RATE * * *.'

INASMUCH AS YOUR TRAVEL ORDERS AUTHORIZING A PER DIEM RATE OF $9 WERE DATED ON AUGUST 3, 1955, AFTER THE EFFECTIVE DATE OF PUBLIC LAW 189, AND NO AMENDMENT TO YOUR ORDERS TO AUTHORIZE THE NEW MAXIMUM RATE WAS EVER ISSUED, YOU ARE NOT ENTITLED TO PAYMENT OF THE MAXIMUM RATE. ACCORDINGLY, UPON REVIEW, THE SETTLEMENT OF JANUARY 14, 1957, APPEARS TO BE CORRECT AND IS HEREBY SUSTAINED.