B-142658, MAY 20, 1960

B-142658: May 20, 1960

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THAT ORDER WAS LATER AMENDED BY TRAVEL ORDER NO. 2-287. YOU WERE ASSIGNED TO YOUR TEMPORARY DUTY STATION AT GARMISCH FOR THE PERIOD JANUARY 7 TO APRIL 26. FOR WHICH YOU SAY YOU WERE PAID PER DIEM FOR THE PERIOD JANUARY 7 TO MARCH 7. PER DIEM IN LIEU OF SUBSISTENCE IS PAYABLE TO AN EMPLOYEE ONLY WHEN HE IS ABSENT FROM HIS OFFICIAL HEADQUARTERS ON TEMPORARY DUTY UNDER ORDERS AUTHORIZING A PER DIEM OR UPON SUBSEQUENT APPROVAL. OR WHEN A CLERICAL ERROR IS SHOWN BY THE OMISSION OF SUCH AUTHORIZATION IN THE ORDERS WHEN IT WAS THE INTENTION OF THE ADMINISTRATIVE OFFICE TO AUTHORIZE A PER DIEM ALLOWANCE. THE REPORT SHOWS THAT THERE WAS NO ADMINISTRATIVE INTENTION TO AUTHORIZE ADDITIONAL PER DIEM BEYOND THE 60-DAY PERIOD FOR WHICH PAYMENT HAS BEEN MADE.

B-142658, MAY 20, 1960

TO MR. MATT J. STIMACH:

YOUR LETTER OF APRIL 5, 1960, AND ENCLOSURE, RELATE TO OUR OFFICE SETTLEMENT OF DECEMBER 11, 1959, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM WHILE ASSIGNED TO TEMPORARY DUTY AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.

TRAVEL ORDER NO. 1-134, DATED JANUARY 7, 1957, AUTHORIZED YOU TO TRAVEL FROM YOUR PERMANENT DUTY STATION AT MUNICH, GERMANY, TO PERFORM TEMPORARY DUTY AT GARMISCH, GERMANY, FOR A PERIOD OF APPROXIMATELY 30 DAYS. THAT ORDER WAS LATER AMENDED BY TRAVEL ORDER NO. 2-287, DATED FEBRUARY 13, 1957, TO AUTHORIZE AN EXTENSION OF THE TOUR OF TEMPORARY DUTY AT THAT LOCATION FOR AN ADDITIONAL 30 DAYS. YOU WERE ASSIGNED TO YOUR TEMPORARY DUTY STATION AT GARMISCH FOR THE PERIOD JANUARY 7 TO APRIL 26, 1957, FOR WHICH YOU SAY YOU WERE PAID PER DIEM FOR THE PERIOD JANUARY 7 TO MARCH 7, 1957. YOU CLAIM ADDITIONAL PER DIEM FOR THE PERIOD FROM MARCH 8 TO APRIL 26, 1957.

PER DIEM IN LIEU OF SUBSISTENCE IS PAYABLE TO AN EMPLOYEE ONLY WHEN HE IS ABSENT FROM HIS OFFICIAL HEADQUARTERS ON TEMPORARY DUTY UNDER ORDERS AUTHORIZING A PER DIEM OR UPON SUBSEQUENT APPROVAL, OR WHEN A CLERICAL ERROR IS SHOWN BY THE OMISSION OF SUCH AUTHORIZATION IN THE ORDERS WHEN IT WAS THE INTENTION OF THE ADMINISTRATIVE OFFICE TO AUTHORIZE A PER DIEM ALLOWANCE. THE ORDERS OF JANUARY 7, AS AMENDED BY THOSE OF FEBRUARY 13, 1957, REASONABLY MAY NOT BE CONSTRUED AS AUTHORIZING PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE FOR THE ADDITIONAL TIME CLAIMED BEYOND THE PERIOD OF 60 DAYS. MOREOVER, THE REPORT SHOWS THAT THERE WAS NO ADMINISTRATIVE INTENTION TO AUTHORIZE ADDITIONAL PER DIEM BEYOND THE 60-DAY PERIOD FOR WHICH PAYMENT HAS BEEN MADE.

IN THE ABSENCE OF AN AUTHORIZATION FOR A PER DIEM ALLOWANCE FOR AN ADDITIONAL PERIOD SUBSEQUENT TO MARCH 7, 1957, AND IN THE ABSENCE OF AN ERRONEOUS ADMINISTRATIVE INTENT IN THAT REGARD, THE PRESENT RECORD ESTABLISHES THAT YOU WERE PAID ALL THE PER DIEM ALLOWANCE TO WHICH YOU ARE ENTITLED.

THEREFORE, THE DISALLOWANCE OF YOUR CLAIM FOR ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE WAS PROPER, AND, UPON REVIEW, THE SETTLEMENT IS SUSTAINED.