B-131162, APR. 16, 1957

B-131162: Apr 16, 1957

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PAYMENT OF YOUR CLAIM WAS DENIED PRINCIPALLY BECAUSE PER DIEM WAS NOT AUTHORIZED IN ADVANCE OF THE TRAVEL NOR SUBSEQUENTLY APPROVED BY THE OFFICIAL DIRECTING SUCH TRAVEL. YOU WERE IN A DUTY STATUS AWAY FROM YOUR OFFICIAL STATION. IT IS SHOWN THAT ALL TRAVEL WAS PERFORMED WITHOUT WRITTEN ORDERS DURING THE PERIOD FOR WHICH YOU MAKE CLAIM. YOU HAVE BEEN PAID PER DIEM AT THE RATE OF $6 PER DAY IN COMPLIANCE WITH ORDERS ISSUED ON OR ABOUT JULY 20. THE FINAL AUTHORITY FOR DETERMINING THE PER DIEM RATE FOR A PARTICULAR SET OF TRAVEL CONDITIONS IS DELEGATED TO THE OFFICIAL DIRECTING THE TRAVEL. THE TRAVEL AUTHORIZING OFFICIAL SHALL BE RESPONSIBLE WITHIN THE CRITERIA ESTABLISHED IN THIS SECTION AND THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS * * * FOR PRESCRIBING PER DIEM RATES THAT ARE JUSTIFIED BY THE CIRCUMSTANCES OF THE TRAVEL AND THE CONDITIONS OF THE ASSIGNMENT * THE ADMINISTRATIVE REPORT DATED JANUARY 25.

B-131162, APR. 16, 1957

TO MR. RALPH A. DAISEY:

YOUR LETTER OF MARCH 5, 1957, REQUESTS RECONSIDERATION OF OUR OFFICE SETTLEMENT DATED FEBRUARY 28, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM IN LIEU OF SUBSISTENCE FOR THE PERIOD MAY 1, 1950, THROUGH JULY 19, 1956, WHILE EMPLOYED AS A CIVILIAN TRUCK DRIVER WITH THE U.S. NAVAL AIR STATION, DEPARTMENT OF THE NAVY, CHINCO TEAGUE, VIRGINIA. PAYMENT OF YOUR CLAIM WAS DENIED PRINCIPALLY BECAUSE PER DIEM WAS NOT AUTHORIZED IN ADVANCE OF THE TRAVEL NOR SUBSEQUENTLY APPROVED BY THE OFFICIAL DIRECTING SUCH TRAVEL.

THE RECORD SHOWS THAT DURING THE ABOVE-MENTIONED PERIOD YOU MADE REGULARLY SCHEDULED TRUCK RUNS TO AND FROM THE NAVAL SUPPLY CENTER,NORFOLK, VIRGINIA, AND SINCE YOU USUALLY DEPARTED FROM YOUR OFFICIAL STATION AT 3 A.M., AND DID NOT RETURN THERETO UNTIL 8 P.M., OR LATER ON THE SAME DAY, YOU WERE IN A DUTY STATUS AWAY FROM YOUR OFFICIAL STATION--- IN MOST INSTANCES--- 17 OR MORE HOURS INCIDENT TO THE COMPLETION OF EACH SCHEDULED TRIP. IT IS SHOWN THAT ALL TRAVEL WAS PERFORMED WITHOUT WRITTEN ORDERS DURING THE PERIOD FOR WHICH YOU MAKE CLAIM. YOU HAVE BEEN PAID PER DIEM AT THE RATE OF $6 PER DAY IN COMPLIANCE WITH ORDERS ISSUED ON OR ABOUT JULY 20, 1956, PURSUANT TO THE PROVISIONS OF NAVY CIVILIAN PERSONNEL INSTRUCTIONS 240, DATED JANUARY 3, 1956, PARAGRAPH 8-3 (B) OF WHICH READS, IN PERTINENT PART, AS FOLLOWS:

"RESPONSIBILITY OF THE AUTHORIZING OFFICIAL.---

TRAVEL ORDERS SHALL SPECIFY THE PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE IN ALL CASES. THE FINAL AUTHORITY FOR DETERMINING THE PER DIEM RATE FOR A PARTICULAR SET OF TRAVEL CONDITIONS IS DELEGATED TO THE OFFICIAL DIRECTING THE TRAVEL. THE TRAVEL AUTHORIZING OFFICIAL SHALL BE RESPONSIBLE WITHIN THE CRITERIA ESTABLISHED IN THIS SECTION AND THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS * * * FOR PRESCRIBING PER DIEM RATES THAT ARE JUSTIFIED BY THE CIRCUMSTANCES OF THE TRAVEL AND THE CONDITIONS OF THE ASSIGNMENT *

THE ADMINISTRATIVE REPORT DATED JANUARY 25, 1957, STATES THAT PRIOR TO JULY 20, 1956, THE U.S. NAVAL AIR STATION AT CHINCO TEAGUE, VIRGINIA, HAD ISSUED NO WRITTEN ORDERS DIRECTING THE TRAVEL AND HAD NOT AUTHORIZED A PER DIEM ALLOWANCE IN YOUR BEHALF. THE REPORT ALSO SHOWS THAT THE PAYMENT TO YOU OF PER DIEM ALLOWANCE WAS NOT CONTEMPLATED FOR ANY PERIOD PRIOR TO JULY 20, 1956.

IN YOUR LETTER OF MARCH 5 YOU CONTEND THAT YOUR FAILURE TO RECEIVE WRITTEN ORDERS AT AN EARLIER DATE AUTHORIZING A PER DIEM ALLOWANCE WAS DUE TO A MISTAKE ON THE PART OF THE ADMINISTRATIVE OFFICE; THAT THERE HAS BEEN NO BASIC CHANGE IN THE REGULATIONS RELATING TO PER DIEM SINCE MAY 1, 1950; AND THAT YOU SHOULD NOT BE DENIED PER DIEM FOR THE PERIOD MAY 1, 1950, TO JULY 20, 1956, BECAUSE OF MISTAKES MADE BY SOMEONE OTHER THAN YOURSELF. ALSO, YOU EXPRESS THE VIEW THAT THE CLAIM WAS FORWARDED HERE ADMINISTRATIVELY APPROVED FOR PAYMENT.

AS HEREINABOVE INDICATED, THE GRANTING OF A PER DIEM ALLOWANCE IS A MATTER OF ADMINISTRATIVE DISCRETION. EACH DEPARTMENT AND ESTABLISHMENT IS VESTED WITH THE RESPONSIBILITY TO AUTHORIZE ONLY SUCH PER DIEN ALLOWANCES AS ARE JUSTIFIED BY THE CIRCUMSTANCES AFFECTING THE TRAVEL, AND TO SEE THAT TRAVEL ORDERS DO NOT AUTHORIZE A PER DIEM ALLOWANCE IN EXCESS OF THAT REQUIRED TO MEET THE NECESSARY AUTHORIZED EXPENSES. SEE PARAGRAPH 45 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, IN EFFECT PRIOR TO JULY 20, 1956. CONTRARY TO YOUR CONTENTION THE CLAIM HAS NOT BEEN ADMINISTRATIVELY APPROVED FOR PAYMENT. MOREOVER, AS A RESULT OF THE REGULATIONS OUR OFFICE IS WITHOUT AUTHORITY TO DIRECT THE PAYMENT OF A PER DIEM ALLOWANCE IN THE ABSENCE OF SPECIFIC ADMINISTRATIVE AUTHORIZATION OR APPROVAL.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE SETTLEMENT OF FEBRUARY 28, 1957, IS FOUND CORRECT AND HEREBY IS SUSTAINED.