B-149615, AUG. 16, 1962

B-149615: Aug 16, 1962

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YOUR CLAIM WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF JULY 3. THE RECORD SHOWS THAT YOUR TRAVEL ORDERS FIXED YOUR PER DIEM RATE AT $10 AND THAT IS THE RATE AT WHICH YOU WERE PAID FOR THE PERIOD HERE INVOLVED. THAT YOU SHOULD BE ALLOWED PER DIEM AT THE RATE OF $15 BECAUSE THAT MAXIMUM RATE WAS PROVIDED FOR EFFECTIVE JUNE 1. THE MAXIMUM PER DIEM RATE FOR TRAVEL IN BRITISH GUIANA WAS RAISED TO $15 EFFECTIVE JUNE 1. A TRAVELER UNDER ORDERS PREVIOUSLY ISSUED DOES NOT BECOME ENTITLED TO THE HIGHER RATE UNTIL HIS ORDERS ARE CHANGED BY ADMINISTRATIVE ACTION AS IT IS ALWAYS WITHIN THE ADMINISTRATIVE DISCRETION TO LIMIT AN EMPLOYEE TO LESS THAN THE MAXIMUM PER DIEM ALLOWABLE. WAS CORRECT AND IT IS HEREBY SUSTAINED.

B-149615, AUG. 16, 1962

TO MR. PORTER A. BENGTSON:

YOUR LETTER OF JULY 19, 1962, REQUESTS RECONSIDERATION OF YOUR CLAIM FOR ADDITIONAL PER DIEM INCIDENT TO TEMPORARY DUTY IN BRITISH GUIANA DURING THE PERIOD JUNE 1 TO 26, 1960. YOUR CLAIM WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF JULY 3, 1962.

THE RECORD SHOWS THAT YOUR TRAVEL ORDERS FIXED YOUR PER DIEM RATE AT $10 AND THAT IS THE RATE AT WHICH YOU WERE PAID FOR THE PERIOD HERE INVOLVED. YOU CONTEND, HOWEVER, THAT YOU SHOULD BE ALLOWED PER DIEM AT THE RATE OF $15 BECAUSE THAT MAXIMUM RATE WAS PROVIDED FOR EFFECTIVE JUNE 1, 1960.

THE MAXIMUM PER DIEM RATE FOR TRAVEL IN BRITISH GUIANA WAS RAISED TO $15 EFFECTIVE JUNE 1, 1960, BY BUREAU OF THE BUDGET CIRCULAR NO. A-7 DATED MAY 3, 1960. WHILE THE BUREAU OF THE BUDGET AUTHORIZED AN INCREASE IN THE MAXIMUM RATE, IT DID NOT MAKE SUCH CHANGE AUTOMATIC. A TRAVELER UNDER ORDERS PREVIOUSLY ISSUED DOES NOT BECOME ENTITLED TO THE HIGHER RATE UNTIL HIS ORDERS ARE CHANGED BY ADMINISTRATIVE ACTION AS IT IS ALWAYS WITHIN THE ADMINISTRATIVE DISCRETION TO LIMIT AN EMPLOYEE TO LESS THAN THE MAXIMUM PER DIEM ALLOWABLE.

THE RECORD DOES NOT INCLUDE ANY CHANGE IN YOUR TRAVEL ORDERS, WHICH HAD FIXED YOUR PER DIEM RATE AT $10 PER DAY. ON THE RECORD, THEREFORE, OUR SETTLEMENT OF JULY 3, 1962, WAS CORRECT AND IT IS HEREBY SUSTAINED.