B-148486, APR. 30, 1962

B-148486: Apr 30, 1962

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WHICH WAS DISALLOWED BY OUR OFFICE SETTLEMENT DATED MARCH 6. YOU REQUEST FURTHER REVIEW ON THE GROUND THAT YOU WERE INFORMED VERBALLY THAT YOUR TRAVEL ORDER WOULD BE AMENDED PRIOR TO YOUR DEPARTURE. YOU WERE AUTHORIZED TO TRAVEL ON TEMPORARY DUTY. PER DIEM WAS PAID YOU AT THE RATE OF $12. THE MAXIMUM RATE AUTHORIZED ON THE DATE THE ORDERS WERE ISSUED. WAS AMENDED ON SEPTEMBER 1. YOU HAVE NOT PRESENTED ANY DOCUMENTARY EVIDENCE. ADMINISTRATIVE ACTION INCREASING THE RATE AUTHORIZED IN TRAVEL ORDERS THEN IN EXISTENCE WAS REQUIRED IN ORDER FOR A HIGHER RATE TO BECOME EFFECTIVE. 35 COMP. FOR OUTSTANDING TOS REIMBURSEMENT WILL BE LIMITED TO RATE/S) SPECIFICALLY PRESCRIBED BY THE TOS OR THE MAXIMUM LEGAL RATE PRESCRIBED IN CPR T3 ON THE DATE THE ORDERS WERE ISSUED.

B-148486, APR. 30, 1962

TO MR. THEODORE J. WEINSTEIN:

YOUR LETTER OF MARCH 16, 1962, REQUESTS FURTHER CONSIDERATION OF YOUR CLAIM FOR ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE FROM AUGUST 20 TO AUGUST 31, 1961, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, WHICH WAS DISALLOWED BY OUR OFFICE SETTLEMENT DATED MARCH 6, 1962.

YOU REQUEST FURTHER REVIEW ON THE GROUND THAT YOU WERE INFORMED VERBALLY THAT YOUR TRAVEL ORDER WOULD BE AMENDED PRIOR TO YOUR DEPARTURE, AND THAT THE FAILURE OF THE AGENCY TO CONFORM TO REGULATIONS SHOULD NOT ADVERSELY AFFECT THE TRAVELER.

BY TRAVEL ORDER DATED AUGUST 9, 1961, YOU WERE AUTHORIZED TO TRAVEL ON TEMPORARY DUTY. PER DIEM WAS PAID YOU AT THE RATE OF $12, THE MAXIMUM RATE AUTHORIZED ON THE DATE THE ORDERS WERE ISSUED.

ITEM 12 OF YOUR TRAVEL ORDER, REGARDING PER DIEM AUTHORIZED, WAS AMENDED ON SEPTEMBER 1, 1961, TO READ "PER DA MESSAGE 569157 DATED 17 AUGUST 1961.' YOU HAVE NOT PRESENTED ANY DOCUMENTARY EVIDENCE, HOWEVER, THAT AN INDIVIDUAL VESTED WITH AUTHORITY TO INCREASE THE PER DIEM RATE ACTUALLY AMENDED YOUR WRITTEN AUTHORIZATION PRIOR TO COMPLETION OF THE TRAVEL.

WHILE PUBLIC LAW 87-139, APPROVED AUGUST 14, 1961, 75 STAT. 339, AUTHORIZED AN INCREASE IN THE MAXIMUM RATE OF PER DIEM TO $16, IT DID NOT MAKE THE CHANGE AUTOMATIC. ADMINISTRATIVE ACTION INCREASING THE RATE AUTHORIZED IN TRAVEL ORDERS THEN IN EXISTENCE WAS REQUIRED IN ORDER FOR A HIGHER RATE TO BECOME EFFECTIVE. 35 COMP. GEN. 148.

DA MESSAGE 569157 DATED AUGUST 17, 1961, SPECIFIED THAT:

"3. FOR OUTSTANDING TOS REIMBURSEMENT WILL BE LIMITED TO RATE/S) SPECIFICALLY PRESCRIBED BY THE TOS OR THE MAXIMUM LEGAL RATE PRESCRIBED IN CPR T3 ON THE DATE THE ORDERS WERE ISSUED, UNLESS AMENDED ORDERS ARE PREPARED. IF AMENDED ORDERS ARE PREPARED, INCREASED RATE OF PD OR MILEAGE ALLOWANCE MAY BE AUTHORIZED PROSPECTIVELY ONLY BEGINNING WITH DATE OF AMENDMENT OF TOS.'

YOU ACQUIRED NO ENTITLEMENT TO A HIGHER PER DIEM RATE UNDER THE AMENDMENT OF SEPTEMBER 1, 1961, SINCE THE TRAVEL WAS COMPLETED PRIOR TO THAT DATE. THE FACT THAT YOUR TRAVEL ORDER MIGHT HAVE BEEN AMENDED SOONER AFFORDS NO BASIS FOR A RETROACTIVE AMENDMENT OF THE TRAVEL ORDER IN ORDER TO PAY YOU A HIGHER RATE. THEREFORE, OUR DISALLOWANCE OF YOUR CLAIM IS HEREBY SUSTAINED.