B-148529, MAY 18, 1962

B-148529: May 18, 1962

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WHICH WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF MARCH 6. YOU WERE AUTHORIZED TO TRAVEL FROM BEIRUT TO WASHINGTON AND RETURN. PER DIEM WAS AUTHORIZED AT STANDARD GOVERNMENT RATES. THE TRAVEL AUTHORIZATION WAS AMENDED ON MARCH 3. THE TRAVEL ORDER WAS FURTHER AMENDED TO AUTHORIZE ADDITIONAL TEMPORARY DUTY UNTIL NOVEMBER 30. WHEN THE EMPLOYEE IS REQUIRED TO STAY IN THE TEMPORARY DUTY STATION FOR MORE THAN 60 DAYS THE OFFICE ISSUING THE TRAVEL AUTHORIZATION SHOULD CONSIDER REDUCING THE PER DIEM RATE. THE RECOMMENDATIONS OF THE TEMPORARY DUTY POST ARE TO BE TAKEN INTO CONSIDERATION IN MAKING THE DETERMINATION AS TO THE MOST APPROPRIATE SECTION.'. IT IS WITHIN THE DISCRETION OF AN AGENCY TO DETERMINE WHEN.

B-148529, MAY 18, 1962

TO MR. RICHARD M. WILLIAMS:

YOUR LETTER OF MARCH 16, 1962, REQUESTS RECONSIDERATION OF YOUR CLAIM FOR $4,680.85, REPRESENTING STORAGE CHARGES ON HOUSEHOLD EFFECTS, TRANSPORTATION CHARGES FOR THE SHIPMENT OF AN AUTOMOBILE, AND PER DIEM FOR YOURSELF, AND DEPENDENTS, AS AN EMPLOYEE OF THE INTERNATIONAL CORPORATION ADMINISTRATION, WHICH WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF MARCH 6, 1962.

BY TRAVEL AUTHORIZATION DATED DECEMBER 29, 1959, YOU WERE AUTHORIZED TO TRAVEL FROM BEIRUT TO WASHINGTON AND RETURN, BEGINNING JANUARY 2, 1960, FOR 45 DAYS FOR CONSULTATION IN WASHINGTON. PER DIEM WAS AUTHORIZED AT STANDARD GOVERNMENT RATES. THE TRAVEL AUTHORIZATION WAS AMENDED ON MARCH 3, 1960, TO AUTHORIZE AN ADDITIONAL 45 DAYS CONSULTATION IN WASHINGTON, AND ON APRIL 11, 1960, TO AUTHORIZE 60 MORE ADDITIONAL DAYS. ON JUNE 30, 1960, THE TRAVEL ORDER WAS FURTHER AMENDED TO AUTHORIZE ADDITIONAL TEMPORARY DUTY UNTIL NOVEMBER 30, 1960, AND TO PROVIDE THAT "PER M.O.561.1, JUNE 15, 1960, SECTION E, PER DIEM NOT TO BE PAID AFTER JUNE 30, 60.'

ICA MANUAL ORDER NO. 561.1, JUNE 15, 1960, SECTION VII. E, PROVIDES:

"A FOREIGN SERVICE EMPLOYEE ON TEMPORARY DUTY (INCLUDING CONSULTATION) OUTSIDE HIS POST OF ASSIGNMENT RECEIVES THE FULL PER DIEM APPLICABLE TO THE AREA FOR THE FIRST 60 CALENDAR DAYS AT THE TEMPORARY DUTY POST. WHEN THE EMPLOYEE IS REQUIRED TO STAY IN THE TEMPORARY DUTY STATION FOR MORE THAN 60 DAYS THE OFFICE ISSUING THE TRAVEL AUTHORIZATION SHOULD CONSIDER REDUCING THE PER DIEM RATE, ELIMINATING PER DIEM ENTIRELY, OR RECOMMENDING A PERMANENT CHANGE IN DUTY STATION FOR THE EMPLOYEE. THE RECOMMENDATIONS OF THE TEMPORARY DUTY POST ARE TO BE TAKEN INTO CONSIDERATION IN MAKING THE DETERMINATION AS TO THE MOST APPROPRIATE SECTION.'

IT IS WITHIN THE DISCRETION OF AN AGENCY TO DETERMINE WHEN, AND, WITHIN THE MAXIMUM ALLOWABLE, WHAT RATE OF PER DIEM IS PROPER. THE DETERMINATION OF THE AGENCY THAT PER DIEM WAS NOT TO BE PAID AFTER JUNE 30, 1960, WAS A PROPER EXERCISE OF ITS DISCRETION.

IN A LETTER OF MAY 24, 1960, YOU REQUESTED THAT A TRAVEL AUTHORIZATION BE ISSUED FOR YOUR WIFE AND CHILD WHO WERE IN BEIRUT, AND FOR PACKING AND SHIPPING AUTHORITY FOR YOUR HOUSEHOLD EFFECTS AND AUTOMOBILE. A TRAVEL AUTHORIZATION DATED JUNE 2, 1960, FOR TRAVEL FOR PURPOSES OF SEPARATION WAS ISSUED AUTHORIZING TRAVEL FOR YOUR DEPENDENTS TO CHEVY CHASE, MARYLAND, AND THE SHIPPING OF HOUSEHOLD EFFECTS AND AN AUTOMOBILE TO CHEVY CHASE. HOWEVER, IT APPEARS THAT YOU DID NOT HAVE AN AUTOMOBILE IN BEIRUT AT THAT TIME AND THAT YOUR CLAIM IS FOR THE COST OF SHIPPING AN AUTOMOBILE FROM CANNES, FRANCE, TO THE UNITED STATES WHEN YOU WERE ON LEAVE IN 1956. THERE IS NOT AUTHORITY FOR PAYMENT BY THE GOVERNMENT OF THE COST OF TRANSPORTING YOUR AUTOMOBILE FROM CANNES TO THE UNITED STATES FOR YOUR USE DURING HOME LEAVE. COMPARE 35 COMP. GEN. 142. THE FACT THAT THE TRAVEL AUTHORIZATION OF JUNE 2, 1960, AUTHORIZED SHIPMENT OF AN AUTOMOBILE HAS NO EFFECT SINCE YOU DID NOT HAVE AN AUTOMOBILE IN BEIRUT AND, THEREFORE, NO SHIPMENT OF AN AUTOMOBILE OCCURRED FOR WHICH YOU WOULD BE ENTITLED TO REIMBURSEMENT UNDER THE TRAVEL AUTHORIZATION.

GENERALLY, DEPENDENTS WHO ACCOMPANY AN EMPLOYEE ON TEMPORARY DUTY MUST TRAVEL AT THE EMPLOYEE'S EXPENSE. SEE B-147476, NOVEMBER 6, 1961. YOUR DEPENDENTS WERE AUTHORIZED TRAVEL FOR THE PURPOSE OF SEPARATION AND NOT FOR THE PURPOSE OF ACCOMPANYING YOU ON TEMPORARY DUTY. THE TIME THEY SPENT WITH YOU WHILE IN WASHINGTON BEFORE PROCEEDING TO YOUR RESIDENCE IN ARKANSAS WAS NOT PART OF THE TRAVEL AUTHORIZED INCIDENT TO SEPARATION. THEREFORE, NO AUTHORITY EXISTS FOR PAYMENT OF PER DIEM FOR YOUR DEPENDENTS WHILE THEY WERE WITH YOU WHEN YOU WERE IN WASHINGTON UNDER TEMPORARY DUTY ORDERS.

YOUR CLAIM FOR STORAGE CHARGES FROM AUGUST 17 TO SEPTEMBER 14, 1960, MAY NOT BE ALLOWED SINCE STORAGE WAS NOT ADMINISTRATIVELY AUTHORIZED OR APPROVED. THEREFORE, OUR DISALLOWANCE OF YOUR CLAIM MUST BE AND IS SUSTAINED.