B-151837, JUL. 22, 1963

B-151837: Jul 22, 1963

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YOU POINT OUT THAT THE EXAMPLES FURNISHED IN THE REGULATIONS OF THE DEPARTMENT OF THE ARMY (CPR T-3) ALL INVOLVE TRAVEL COSTS IN EXCESS OF THE PER DIEM THAT WOULD HAVE BEEN PAYABLE AND THAT YOU FEEL THE REASON FOR AUTHORIZING OTHER THAN "STRAIGHT PER DIEM ALLOWANCES" IS TO PRECLUDE PERSONS FROM TRAVELING LONG DISTANCES DURING NONDUTY HOURS AND THEREBY CLAIM GREATER AMOUNTS THAN MAXIMUM PER DIEM. THE MAXIMUM REIMBURSEMENT ALLOWABLE FOR THE RECORD TRIP TRANSPORTATION AND PER DIEM EN ROUTE SHALL BE THE TRAVEL EXPENSE WHICH WOULD HAVE BEEN ALLOWABLE HAD THE TRAVELER REMAINED AT HIS TEMPORARY DUTY STATION.'. WHEN THE TOTAL AMOUNT THEREOF IS LESS THAN THE PER DIEM WHICH WOULD HAVE BEEN ALLOWED HAD HE REMAINED AT HIS OFFICIAL STATION.

B-151837, JUL. 22, 1963

TO MR. ANTHONY E. TORZILLO:

YOUR LETTER OF JUNE 10, 1963, REQUESTS RECONSIDERATION OF OUR OFFICE SETTLEMENT OF JUNE 3, 1963, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM FOR MAY 12 AND 13, 1962, WHEN YOU RETURNED VOLUNTARILY TO YOUR HOME OVER THAT WEEKEND FROM YOUR TEMPORARY DUTY POINT WITHOUT INCURRING ANY TRAVEL EXPENSES.

YOU POINT OUT THAT THE EXAMPLES FURNISHED IN THE REGULATIONS OF THE DEPARTMENT OF THE ARMY (CPR T-3) ALL INVOLVE TRAVEL COSTS IN EXCESS OF THE PER DIEM THAT WOULD HAVE BEEN PAYABLE AND THAT YOU FEEL THE REASON FOR AUTHORIZING OTHER THAN "STRAIGHT PER DIEM ALLOWANCES" IS TO PRECLUDE PERSONS FROM TRAVELING LONG DISTANCES DURING NONDUTY HOURS AND THEREBY CLAIM GREATER AMOUNTS THAN MAXIMUM PER DIEM.

SECTION 6.4 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WHICH APPLIES TO YOUR CASE, READS, IN PERTINENT PART, AS FOLLOWS:

"* * * IN CASES OF VOLUNTARY RETURN OF A TRAVELER FOR NONWORK DAYS TO HIS OFFICIAL STATION, OR HIS PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION, THE MAXIMUM REIMBURSEMENT ALLOWABLE FOR THE RECORD TRIP TRANSPORTATION AND PER DIEM EN ROUTE SHALL BE THE TRAVEL EXPENSE WHICH WOULD HAVE BEEN ALLOWABLE HAD THE TRAVELER REMAINED AT HIS TEMPORARY DUTY STATION.'

WHILE THE ABOVE REGULATION DOES NOT SPECIFICALLY STATE THAT AN EMPLOYEE SHALL BE ENTITLED ONLY TO ACTUAL TRANSPORTATION EXPENSES, PLUS PER DIEM EN ROUTE, WHEN THE TOTAL AMOUNT THEREOF IS LESS THAN THE PER DIEM WHICH WOULD HAVE BEEN ALLOWED HAD HE REMAINED AT HIS OFFICIAL STATION, NEVERTHELESS, THAT IS WHAT THE REGULATION IMPLIES AND IT HAS BEEN SO HELD BY OUR OFFICE. B-129185, MARCH 28, 1957.

SINCE YOU TRAVELED TO YOUR HOME WITH ANOTHER EMPLOYEE AND INCURRED NO TRANSPORTATION EXPENSES YOU ARE NOT ENTITLED UNDER THE REGULATION TO ANY AMOUNT OTHER THAN THAT FOR PER DIEM EN ROUTE FOR WHICH YOU RECEIVED CREDIT. THEREFORE, OUR SETTLEMENT OF JUNE 3, 1963, MUST BE SUSTAINED.