B-131523, JUN. 25, 1957

B-131523: Jun 25, 1957

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GS: FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 4. YOU WERE DIRECTED BY THE ORDERS OF APRIL 6 TO PROCEED ON OR ABOUT APRIL 10. UPON THE COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR DUTY STATION AT FORT MASON. IN ADDITION TO TRANSPORTATION EXPENSES YOU WERE PAID PER DIEM FOR NINE AND THREE-QUARTER DAYS. YOUR CLAIM FOR THE DAY APRIL 21 WAS DISALLOWED BECAUSE THE ITINERARY SHOWN ON THAT VOUCHER INDICATED THAT TRAVEL WAS COMPLETED ON APRIL 20. IT IS AT ONCE EVIDENT THAT YOUR TRAVEL WAS NOT COMPLETED UNTIL 9:30 P.M. ON APRIL 21 AND IT IS FOUND. THAT YOU ARE ENTITLED TO PER DIEM FOR THAT DAY AS CONTENDED. THAT THE PAYMENT MADE TO YOU ON THE CITED VOUCHER WAS OTHERWISE IN ERROR IN THAT THE PER DIEM PAID INCLUDED ALLOWANCE FOR THE PERIOD FROM 6:30 P.M.

B-131523, JUN. 25, 1957

TO COLONEL ROLAND S. WATTS, GS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 4, 1957, REQUESTING REVIEW OF OUR SETTLEMENT OF JANUARY 28, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR ONE DAY, APRIL 21, 1956, IN ADDITION TO THAT RECEIVED BY YOU FOR TRAVEL PERFORMED UNDER LETTER ORDERS OF HEADQUARTERS, PACIFIC TRANSPORTATION TERMINAL COMMAND, FORT MASON, CALIFORNIA, DATED APRIL 6, 1956.

YOU WERE DIRECTED BY THE ORDERS OF APRIL 6 TO PROCEED ON OR ABOUT APRIL 10, 1956, TO WASHINGTON, D.C., FOR APPROXIMATELY TEN DAYS OF TEMPORARY DUTY, UPON THE COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR DUTY STATION AT FORT MASON. IN ADDITION TO TRANSPORTATION EXPENSES YOU WERE PAID PER DIEM FOR NINE AND THREE-QUARTER DAYS, COVERING THE PERIOD FROM 7:15 A.M., APRIL 11 TO 9:05 P.M., APRIL 20, ON VOUCHER NO. 14769, MAY 1956 ACCOUNTS OF LIEUTENANT COLONEL GEORGE M. SECKINGER, FC, FOR THE TRAVEL PERFORMED UNDER THOSE ORDERS. YOUR CLAIM FOR THE DAY APRIL 21 WAS DISALLOWED BECAUSE THE ITINERARY SHOWN ON THAT VOUCHER INDICATED THAT TRAVEL WAS COMPLETED ON APRIL 20. FROM THE INFORMATION FURNISHED WITH YOUR LETTER OF MARCH 29, 1957, IT IS AT ONCE EVIDENT THAT YOUR TRAVEL WAS NOT COMPLETED UNTIL 9:30 P.M. ON APRIL 21 AND IT IS FOUND, THEREFORE, THAT YOU ARE ENTITLED TO PER DIEM FOR THAT DAY AS CONTENDED. IT APPEARS, HOWEVER, THAT THE PAYMENT MADE TO YOU ON THE CITED VOUCHER WAS OTHERWISE IN ERROR IN THAT THE PER DIEM PAID INCLUDED ALLOWANCE FOR THE PERIOD FROM 6:30 P.M., APRIL 12, TO 10 P.M., APRIL 15, DURING WHICH TIME IT IS SHOWN THAT YOU WERE IN A DDALV (DAYS DELAY EN ROUTE AUTHORIZED CHARGEABLE AS LEAVE) STATUS, AS AUTHORIZED BY YOUR ORDERS.

PARAGRAPH 4201-3 OF THE JOINT TRAVEL REGULATIONS EXPRESSLY PROVIDES THAT TEMPORARY DUTY PER DIEM ALLOWANCES ARE NOT PAYABLE "FOR ANY DAY OF LEAVE, DELAY EN ROUTE WHEN CLASSIFIED AS LEAVE, OR PROCEED TIME.' SINCE YOU WERE IN A STATUS OF DELAY EN ROUTE CLASSIFIED AS LEAVE FOR THREE DAYS, AS INDICATED ABOVE, YOU WERE ERRONEOUSLY OVERPAID PER DIEM FOR THAT PERIOD IN THE AMOUNT OF $36. CONSEQUENTLY, SINCE IT IS FOUND THAT YOU ARE ENTITLED TO PER DIEM FOR ONE ADDITIONAL DAY DUE TO THE CORRECTION OF DATES ON YOUR ITINERARY, IT APPEARS THAT YOU HAVE BEEN OVERPAID THE NET SUM OF $24 AS PER DIEM INCIDENT TO THE TRAVEL IN QUESTION. ACCORDINGLY, PAYMENT ON YOUR CLAIM PROPERLY MAY NOT BE AUTHORIZED, AND YOU SHOULD REFUND THE NET OVERPAYMENT OF $24 BY CHECK MADE PAYABLE TO THE UNITED STATES GENERAL ACCOUNTING OFFICE AND ADDRESSED TO THE CLAIMS DIVISION, GENERAL ACCOUNTING OFFICE, WASHINGTON 25, D.C. ..END :