B-151457, MAY 23, 1963

B-151457: May 23, 1963

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THE $23 MAXIMUM PER DIEM HE BELIEVES HE IS ENTITLED TO BASED UPON THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED. PRESCRIBED THE MAXIMUM RATE AUTHORIZED BY CPR T3 EXCEPT FOR TEMPORARY DUTY AT MILITARY INSTALLATIONS WHERE PER DIEM WAS LIMITED TO THE "QUARTERS AVAILABLE" RATE UNLESS CERTIFICATE OF NONAVAILABILITY WAS FURNISHED BY THE COMMANDING OFFICER. AS FOLLOWS: "PER DIEM ALLOWANCES WILL NOT BE SUBJECT TO REDUCTION ON THE BASIS OF AVAILABILITY OF QUARTERS. WHERE THEY ARE AVAILABLE BUT NOT UTILIZED BY THE EMPLOYEE. NO REDUCTION WILL BE MADE * * *. STATEMENTS OF NONAVAILABILITY OF QUARTERS WILL NOT BE REQUIRED.'. RESCINDED SO MUCH OF THE EARLIER ORDER AS WAS IN CONFLICT WITH CPR T3.7. YOUR QUESTION IS WHETHER LETTER ORDER 12-17.

B-151457, MAY 23, 1963

TO CAPTAIN J. E. GOETZINGER:

YOUR LETTER OF FEBRUARY 19, 1963, REFERENCE STEYT-CPF, THROUGH COMMAND CHANNELS, SUBMITS A SUPPLEMENTAL VOUCHER FROM MR. FRANK WHITE, CLAIMING ADDITIONAL PER DIEM IN THE AMOUNT OF $290 FOR TEMPORARY DUTY AT FORT WAINWRIGHT, ALASKA, FOR 25 DAYS, DECEMBER 1 THROUGH 25, 1962,REPRESENTING THE DIFFERENCE BETWEEN THE AMOUNT ALREADY PAID TO HIM FOR THE SAME PERIOD, AND THE $23 MAXIMUM PER DIEM HE BELIEVES HE IS ENTITLED TO BASED UPON THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED. YOU ASK OUR DECISION UPON THE PROPRIETY OF PAYMENT OF THE VOUCHER.

LETTER ORDER 11-31, DATED NOVEMBER 26, 1962, DIRECTED TEMPORARY DUTY BY MR. WHITE AT FORT WAINWRIGHT, ALASKA, AND CONCERNING PER DIEM, PRESCRIBED THE MAXIMUM RATE AUTHORIZED BY CPR T3 EXCEPT FOR TEMPORARY DUTY AT MILITARY INSTALLATIONS WHERE PER DIEM WAS LIMITED TO THE "QUARTERS AVAILABLE" RATE UNLESS CERTIFICATE OF NONAVAILABILITY WAS FURNISHED BY THE COMMANDING OFFICER.

CPR T3.7, PARAGRAPH 7-3, IN FORCE AND EFFECT AT THE TIME, READS, IN PERTINENT PART, AS FOLLOWS:

"PER DIEM ALLOWANCES WILL NOT BE SUBJECT TO REDUCTION ON THE BASIS OF AVAILABILITY OF QUARTERS. WHERE THEY ARE AVAILABLE BUT NOT UTILIZED BY THE EMPLOYEE, NO REDUCTION WILL BE MADE * * *. STATEMENTS OF NONAVAILABILITY OF QUARTERS WILL NOT BE REQUIRED.'

LETTER ORDER 12-17, DATED DECEMBER 26, 1962, RESCINDED SO MUCH OF THE EARLIER ORDER AS WAS IN CONFLICT WITH CPR T3.7.

YOUR QUESTION IS WHETHER LETTER ORDER 12-17, IN RESCINDING THAT PORTION OF LETTER ORDER 11-31 WHICH LIMITED THE RATES OF PER DIEM, AUTHORIZES REIMBURSEMENT AT THE MAXIMUM RATES OF PER DIEM FROM DECEMBER 1, 1962, THE DATE MR. WHITE ARRIVED AT FORT WAINWRIGHT, ALASKA; OR WHETHER LETTER ORDER 12-17 IS AN AMENDMENT AS CONTEMPLATED BY CPR T3, PARAGRAPH 2-1D, WHICH PROVIDES THAT AMENDMENTS WILL NOT BE ISSUED WITH RETROACTIVE EFFECT TO CHANGE ALLOWANCES PRESCRIBED IN AN ORDER UNDER WHICH TRAVEL HAS BEEN PERFORMED, THEREBY AUTHORIZING THE MAXIMUM PER DIEM RATES FROM DECEMBER 26, 1962, ONLY.

THE RULE PROHIBITING THE RETROACTIVE AMENDMENT OF TRAVEL ORDERS IS VALID AS TO OTHERWISE LAWFUL ORDERS. SINCE, IN MR. WHITE'S CASE THE ORIGINAL ORDER WAS PARTIALLY IN CONFLICT WITH CPR T3.7 IT WAS TO THAT EXTENT ILLEGAL, AND PROPERLY WAS FOR CORRECTION BY THE ORDER OF DECEMBER 26, 1962, NOT ONLY PROSPECTIVELY BUT ALSO RETROACTIVELY TO NOVEMBER 26, 1962. 36 COMP. GEN. 487; 24 ID. 439.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE PAID IF OTHERWISE CORRECT.