B-151179, MAY 20, 1963

B-151179: May 20, 1963

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHICH DISALLOWED YOUR CLAIM FOR PAYMENT OF A HOTEL BILL INCURRED WHILE YOU WERE IN A TRAVEL STATUS EN ROUTE TO THE NAVAL ORDNANCE TEST STATION. THAT SECTION OF YOUR CONTRACT OF EMPLOYMENT APPLIES TO LIVING ACCOMMODATIONS (APPARENTLY AT A TEMPORARY DUTY STATION) AND NOT TO EXPENSES INCIDENT TO YOUR TRAVEL AND TRANSPORTATION EXPENSES WHICH ARE COVERED BY SECTIONS 10 AND 16 OF YOUR CONTRACT. YOU WERE AUTHORIZED PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE AT THE MAXIMUM RATE AS PROVIDED IN SECTION T3.4-3 OF THE DEPARTMENT OF THE ARMY CIVILIAN PERSONNEL REGULATIONS. SECTION T3.4-3 OF THE REGULATIONS READS IN PART AS FOLLOWS: "PER DIEM IS A FLAT DAILY ALLOWANCE AUTHORIZED TO BE PAID WHILE EMPLOYEES OR PERSONS ARE IN A TRAVEL STATUS ON OFFICIAL BUSINESS.

B-151179, MAY 20, 1963

TO DR. HANS C. CHRISTENSEN:

YOUR LETTER OF MARCH 19, 1963, REQUESTS REVIEW OF OUR SETTLEMENT OF MARCH 12, 1963, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT OF A HOTEL BILL INCURRED WHILE YOU WERE IN A TRAVEL STATUS EN ROUTE TO THE NAVAL ORDNANCE TEST STATION, CHINA LAKE, CALIFORNIA, FROM LILLESTROEM, NORWAY, UNDER A CONTRACT FOR PERSONAL SERVICES WITH THE DEPARTMENT OF DEFENSE.

YOU SAY THAT UNDER THE PROVISIONS OF SECTION 11 OF YOUR EMPLOYMENT CONTRACT, ADEQUATE LIVING ACCOMMODATIONS WOULD BE FURNISHED AT GOVERNMENT EXPENSE FOR YOURSELF AND DEPENDENTS. YOU THEREFORE CONCLUDE THAT THE EXPENSE OF YOUR HOTEL ROOM AT NEW YORK, NEW YORK, INCURRED WHILE TRAVELING FROM YOUR HOME IN NORWAY TO YOUR OFFICIAL DUTY STATION SHOULD BE REIMBURSED UNDER THIS SECTION OF YOUR CONTRACT. HOWEVER, THAT SECTION OF YOUR CONTRACT OF EMPLOYMENT APPLIES TO LIVING ACCOMMODATIONS (APPARENTLY AT A TEMPORARY DUTY STATION) AND NOT TO EXPENSES INCIDENT TO YOUR TRAVEL AND TRANSPORTATION EXPENSES WHICH ARE COVERED BY SECTIONS 10 AND 16 OF YOUR CONTRACT. THE LATTER SECTIONS INDICATE THAT TRANSPORTATION OF YOURSELF AND DEPENDENTS WOULD BE UNDER THE SAME RULES PRESCRIBED BY THE GOVERNMENT FOR CIVILIAN EMPLOYEES.

UNDER TRAVEL ORDER LO 11-8 DATED NOVEMBER 7, 1962, YOU WERE AUTHORIZED PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE AT THE MAXIMUM RATE AS PROVIDED IN SECTION T3.4-3 OF THE DEPARTMENT OF THE ARMY CIVILIAN PERSONNEL REGULATIONS. THOSE REGULATIONS PROVIDE FOR THE PAYMENT OF A PER DIEM IN LIEU OF SUBSISTENCE TO CIVILIAN EMPLOYEES AT THE RATE OF $16 WHILE IN A TRAVEL STATUS IN THE CONTINENTAL UNITED STATES.

SECTION T3.4-3 OF THE REGULATIONS READS IN PART AS FOLLOWS:

"PER DIEM IS A FLAT DAILY ALLOWANCE AUTHORIZED TO BE PAID WHILE EMPLOYEES OR PERSONS ARE IN A TRAVEL STATUS ON OFFICIAL BUSINESS. IT IS INTENDED TO OFFSET THE NECESSARY SUBSISTENCE COSTS OF TRAVEL NOT OTHERWISE REIMBURSABLE. IT IS PAID IN LIEU OF EXPENSES FOR ALL CHARGES FOR MEALS, LODGING, PERSONAL USE OF ROOM DURING DAYTIME, BATHS, ALL FEES AND TIPS TO WAITERS, PORTERS, BAGGAGE MEN, BELLBOYS, HOTEL MAIDS * * *"

THE RECORD SHOWS YOU WERE PAID AT THE ABOVE RATE FOR PER DIEM WHILE IN NEW YORK INCIDENT TO YOUR TRAVEL TO CALIFORNIA, WHICH MUST BE HELD TO HAVE INCLUDED THE COST OF YOUR HOTEL ACCOMMODATIONS AS WELL AS OTHER SUBSISTENCE EXPENSES.

CONSEQUENTLY, UPON PAYMENT OF EXPENSES FOR PER DIEM IN LIEU OF SUBSISTENCE INCIDENT TO YOUR TRAVEL YOU WERE REIMBURSED FOR ALL THE EXPENSES OF LODGING DURING THE PERIOD WHILE YOU WERE IN NEW YORK TO WHICH YOU ARE ENTITLED. SEE 33 COMP. GEN. 434 AT 436.

IN VIEW OF THE FOREGOING, THE DISALLOWANCE OF YOUR CLAIM MUST BE, AND IS, SUSTAINED.