B-148734, NOV. 28, 1962

B-148734: Nov 28, 1962

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YOU WERE AUTHORIZED TO PERFORM CERTAIN TEMPORARY DUTY AT MAAG. THE ORIGINAL ORDER WAS FURTHER MODIFIED TO PROVIDE A PER DIEM RATE OF $8.40 WHEN GOVERNMENT QUARTERS ARE NOT OCCUPIED EFFECTIVE SEPTEMBER 5. YOUR LIVING EXPENSES WERE IN EXCESS OF $14 PER DAY AND THEREFORE YOU ARE ENTITLED TO THE DIFFERENCE BETWEEN THE LOCALITY RATE FOR JAPAN. UNDER THE ABOVE-QUOTED REGULATION IT WAS WITHIN THE DISCRETION OF THE ADMINISTRATIVE OFFICE TO AUTHORIZE WHAT IS DEEMED TO BE A SUFFICIENT RATE FOR TEMPORARY DUTY IN TOKYO. WHEN GOVERNMENT QUARTERS WERE NOT USED. SINCE YOU HAVE RECEIVED PER DIEM IN LIEU OF SUBSISTENCE IN ACCORDANCE WITH THE TRAVEL ORDER AND APPLICABLE NAVY CIVILIAN PERSONNEL REGULATIONS THERE IS NO AUTHORITY TO PAY YOU ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE.

B-148734, NOV. 28, 1962

TO MR. OTTO F. HAUBENSAK:

THIS REFERS TO YOUR LETTER OF OCTOBER 9, 1962, REQUESTING RECONSIDERATION OF OUR OFFICE SETTLEMENT OF SEPTEMBER 21, 1962, WHICH DISALLOWED THAT PORTION OF YOUR CLAIM FOR ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE DURING THE PERIOD AUGUST 1, 1961, TO SEPTEMBER 21, 1961, AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY.

AS AN EMPLOYEE OF THE UNITED STATES NAVY AUDIT OFFICE, YOKOSUKA, JAPAN, YOU WERE AUTHORIZED TO PERFORM CERTAIN TEMPORARY DUTY AT MAAG, TOKYO, FOR A PERIOD OF APPROXIMATELY 50 DAYS. TRAVEL ORDER NO. T62-Y 2, DATED JULY 3, 1961, PROVIDED FOR A PER DIEM OF $3.50. AN AMENDMENT THERETO DATED JULY 28, 1961, MODIFIED THE ORIGINAL ORDER TO PROVIDE A PER DIEM OF $6.50, EFFECTIVE THAT DATE. ON SEPTEMBER 5, 1961, THE ORIGINAL ORDER WAS FURTHER MODIFIED TO PROVIDE A PER DIEM RATE OF $8.40 WHEN GOVERNMENT QUARTERS ARE NOT OCCUPIED EFFECTIVE SEPTEMBER 5, 1961.

YOU CONTEND THAT FOR THE PERIOD AUGUST 1 TO SEPTEMBER 21, 1961, WHEN YOU DID NOT OCCUPY GOVERNMENT QUARTERS, YOUR LIVING EXPENSES WERE IN EXCESS OF $14 PER DAY AND THEREFORE YOU ARE ENTITLED TO THE DIFFERENCE BETWEEN THE LOCALITY RATE FOR JAPAN, NAMELY $14, AND THE AMOUNT AUTHORIZED AND PAID.

FOR TRAVEL OUTSIDE THE CONTINENTAL UNITED STATES, NAVY CIVILIAN PERSONNEL INSTRUCTIONS NCPI 4650.8-3B PROVIDE IN PART AS FOLLOWS:

"B. OUTSIDE THE CONTINENTAL UNITED STATES. * * * A PER DIEM ALLOWANCE NOT TO EXCEED THE APPROPRIATE BUREAU OF THE BUDGET ESTABLISHED LOCALITY RATE MAY BE AUTHORIZED OR APPROVED * * *.'

UNDER THE ABOVE-QUOTED REGULATION IT WAS WITHIN THE DISCRETION OF THE ADMINISTRATIVE OFFICE TO AUTHORIZE WHAT IS DEEMED TO BE A SUFFICIENT RATE FOR TEMPORARY DUTY IN TOKYO, NOT TO EXCEED THE APPROPRIATE BUREAU OF THE BUDGET LOCALITY RATE, WHEN GOVERNMENT QUARTERS WERE NOT USED.

SINCE YOU HAVE RECEIVED PER DIEM IN LIEU OF SUBSISTENCE IN ACCORDANCE WITH THE TRAVEL ORDER AND APPLICABLE NAVY CIVILIAN PERSONNEL REGULATIONS THERE IS NO AUTHORITY TO PAY YOU ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE. THE FACT THAT YOUR EXPENSES MAY HAVE BEEN IN EXCESS OF SUCH AUTHORIZED PER DIEM RATE IS IMMATERIAL.

THEREFORE, THE ACTION TAKEN IN OUR SETTLEMENT OF SEPTEMBER 21, 1962, IS SUSTAINED.