B-135608, DEC. 21, 1960

B-135608: Dec 21, 1960

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BECAUSE THERE IS NO RECORD OF ITS RECEIPT BY OUR OFFICE. YOU WERE REIMBURSED AT THE PER DIEM RATE OF $12 RATHER THAN AT A $7 RATE WHILE ATTENDING THE FINANCE SCHOOL OF FORT BENJAMIN HARRISON FROM FEBRUARY 24 TO MARCH 16. IT WAS DETERMINED THAT AN OVERPAYMENT OF $98.75 WAS MADE TO YOU. WHICH WERE IN EFFECT DURING THE PERIOD HERE INVOLVED. WHEN GOVERNMENT QUARTERS WERE NOT UTILIZED. SUCH ESTABLISHED RATE OF PER DIEM WAS CONTROLLING ON THE USING AGENCY IN THE ISSUANCE OF TEMPORARY DUTY TRAVEL ORDERS TO CIVILIANS ATTENDING THE SCHOOL. THE DEFECT IN YOUR TRAVEL ORDERS AS TO THE PER DIEM RATE PAYABLE INVOLVES AN AGENCY REGULATION AND DETERMINATION OF WHICH THE OFFICE ISSUING THE TRAVEL ORDER APPARENTLY WAS NOT AWARE.

B-135608, DEC. 21, 1960

TO MR. EUGENE S. KAPICA:

WITH YOUR LETTER OF NOVEMBER 9, 1960, YOU TRANSMITTED A COPY OF YOUR LETTER DATED MARCH 21, 1960, ADDRESSED TO OUR OFFICE, IN WHICH YOU REQUESTED A REVIEW OF OUR ACTION IN ISSUING NOTICE OF EXCEPTION NO. 808849, DATED SEPTEMBER 27, 1957. WE REGRET TO INFORM YOU THAT APPARENTLY YOUR LETTER OF MARCH 21, 1960, WENT ASTRAY, BECAUSE THERE IS NO RECORD OF ITS RECEIPT BY OUR OFFICE.

YOU WERE REIMBURSED AT THE PER DIEM RATE OF $12 RATHER THAN AT A $7 RATE WHILE ATTENDING THE FINANCE SCHOOL OF FORT BENJAMIN HARRISON FROM FEBRUARY 24 TO MARCH 16, 1957. THEREFORE, IT WAS DETERMINED THAT AN OVERPAYMENT OF $98.75 WAS MADE TO YOU. YOU REPAID THE SAID SUM, AND NOW YOU REQUEST REVIEW OF THE AUDIT ACTION.

AS DIRECTED BY THE PROVISIONS OF PARAGRAPH T3.4-3.A (6) 28 JUNE 1956 OF THE DEPARTMENT OF THE ARMY CIVILIAN PERSONNEL REGULATIONS, WHICH WERE IN EFFECT DURING THE PERIOD HERE INVOLVED, THE COMMANDING OFFICER AT THE FINANCE SCHOOL ESTABLISHED $7 AS THE APPROPRIATE RATE OF PER DIEM FOR CIVILIANS IN ATTENDANCE AT THE SCHOOL DURING THE PERIOD NOVEMBER 1, 1956, THROUGH APRIL 14, 1957, WHEN GOVERNMENT QUARTERS WERE NOT UTILIZED. SUCH ESTABLISHED RATE OF PER DIEM WAS CONTROLLING ON THE USING AGENCY IN THE ISSUANCE OF TEMPORARY DUTY TRAVEL ORDERS TO CIVILIANS ATTENDING THE SCHOOL. THE DEFECT IN YOUR TRAVEL ORDERS AS TO THE PER DIEM RATE PAYABLE INVOLVES AN AGENCY REGULATION AND DETERMINATION OF WHICH THE OFFICE ISSUING THE TRAVEL ORDER APPARENTLY WAS NOT AWARE. YOU CONTEND THAT YOU WERE NOT INFORMED EITHER.

OUR DIVISION OF AUDITS HAS INVESTIGATED THE SITUATION AND ALL AVAILABLE INFORMATION INDICATES THAT THE TRAVELERS WERE INFORMED UPON ARRIVAL AT THE SCHOOL CONCERNING THE AUTHORIZED RATES OF PER DIEM PAYABLE. IT DOES NOT SEEM LOGICAL TO ASSUME THAT YOU DID NOT LEARN OF THE PREVAILING PER DIEM RATES FROM OTHER STUDENTS WHILE IN ATTENDANCE AT THE SCHOOL, EVEN THOUGH YOU MAY HAVE BEEN ABSENT FROM THE ORIENTATION CLASS AT WHICH THE INFORMATION WAS MADE AVAILABLE, AND INQUIRY OF THE PROPER AUTHORITIES WOULD HAVE CLARIFIED THE MATTER.

UPON THE BASIS OF THE PRESENT RECORD THE AUDIT ACTION TAKEN IN YOUR CASE IS HELD TO HAVE BEEN CORRECT, AND THE REFUND TO THE GOVERNMENT, THEREFORE, WAS PROPER.