B-156699, MAY 24, 1965

B-156699: May 24, 1965

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THE DISALLOWANCE WAS BASED UPON THE FACT THAT YOUR TRAVEL ORDER SPECIFICALLY PROVIDED . INDIVIDUAL IS AUTHORIZED TO TRAVEL FROM HOME TO PHILADELPHIA AND RETURN BY POV AT NO EXPENSE TO GOVERNMENT.'. YOU SAY THAT THE POINT OF DISAGREEMENT IS THAT PART OF SECTION T3.4 OF THE DEPARTMENT OF THE ARMY CPR AS IT APPLIES TO NORMAL COMMUTING RANGE AS INTERPRETED BY THE APPROVING AUTHORITY. YOU SAY THAT FROM YOUR RESIDENCE TO YOUR TEMPORARY DUTY STATION YOU TRAVELED A DISTANCE OF 44 MILES BUT THAT YOUR EXPENSES WERE GREATER FOR THAT TRAVEL BECAUSE IN TRAVELING TO YOUR PERMANENT DUTY STATION AT FORT MONMOUTH. YOU WERE ABLE TO USE A CAR POOL ARRANGEMENT. THE ALLOWANCE OF PER DIEM IN LIEU OF ACTUAL EXPENSES FOR SUBSISTENCE TO CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES WHILE TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY IS GOVERNED BY THE TRAVEL EXPENSE ACT OF 1949.

B-156699, MAY 24, 1965

TO MR. DOMINIC V. CUPO:

YOUR LETTER OF APRIL 15, 1965, REQUESTS REVIEW OF OUR OFFICE SETTLEMENT OF MARCH 31, 1965, WHICH DISALLOWED YOUR CLAIM FOR TRANSPORTATION AND PER DIEM IN LIEU OF SUBSISTENCE INCIDENT TO YOUR TRAVEL AND TEMPORARY DUTY AUTHORIZED BY TRAVEL ORDER NO. 7744, DATED SEPTEMBER 11, 1964.

THE DISALLOWANCE WAS BASED UPON THE FACT THAT YOUR TRAVEL ORDER SPECIFICALLY PROVIDED ,INDIVIDUAL IS AUTHORIZED TO TRAVEL FROM HOME TO PHILADELPHIA AND RETURN BY POV AT NO EXPENSE TO GOVERNMENT.' IN YOUR LETTER OF APRIL 15, 1965, YOU SAY THAT THE POINT OF DISAGREEMENT IS THAT PART OF SECTION T3.4 OF THE DEPARTMENT OF THE ARMY CPR AS IT APPLIES TO NORMAL COMMUTING RANGE AS INTERPRETED BY THE APPROVING AUTHORITY. SECTION T3.4 (A) OF THE CPR PROVIDES THAT PER DIEM IN LIEU OF SUBSISTENCE MAY BE PAID ONLY WHEN AN INDIVIDUAL'S OFFICIAL TRAVEL STATUS PLACES HIM BEYOND NORMAL COMMUTING RANGE OF HIS RESIDENCE OR PERMANENT DUTY STATION. YOU SAY THAT IN COMMUTING DAILY FROM YOUR RESIDENCE TO YOUR PERMANENT DUTY STATION YOU TRAVEL A DISTANCE OF 74 MILES. YOU SAY THAT FROM YOUR RESIDENCE TO YOUR TEMPORARY DUTY STATION YOU TRAVELED A DISTANCE OF 44 MILES BUT THAT YOUR EXPENSES WERE GREATER FOR THAT TRAVEL BECAUSE IN TRAVELING TO YOUR PERMANENT DUTY STATION AT FORT MONMOUTH, NEW JERSEY, YOU WERE ABLE TO USE A CAR POOL ARRANGEMENT.

THE ALLOWANCE OF PER DIEM IN LIEU OF ACTUAL EXPENSES FOR SUBSISTENCE TO CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES WHILE TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY IS GOVERNED BY THE TRAVEL EXPENSE ACT OF 1949, 63 STAT. 166, AS AMENDED, AND EXISTING REGULATIONS ISSUED PURSUANT THERETO. THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS SPECIFICALLY PROVIDE THAT A PER DIEM ALLOWANCE MAY BE AUTHORIZED OR APPROVED BY THE PROPER ADMINISTRATIVE OFFICIALS. THERE IS NO REQUIREMENT OF LAW THAT PER DIEM IN LIEU OF SUBSISTENCE ADMINISTRATIVELY BE AUTHORIZED UPON ASSIGNMENT TO A TEMPORARY DUTY STATION. THE ALLOWANCE OF PER DIEM IS A DISCRETIONARY MATTER VESTED IN THE ADMINISTRATIVE OFFICE CONCERNED. THE AUTHORIZATION OF PER DIEM IN LIEU OF SUBSISTENCE BEING WITHIN THE DISCRETION OF THE ADMINISTRATIVE OFFICIALS, IT IS NOT WITHIN THE JURISDICTION OF OUR OFFICE TO QUESTION THE PROPRIETY OF THEIR REFUSAL TO AUTHORIZE SUCH EXPENSES TO YOU REGARDLESS OF THE REASON THEREFOR.

IN VIEW OF THE FACTS AS REPORTED, COUPLED WITH THE LAW AND APPLICABLE REGULATIONS, THE SETTLEMENT OF MARCH 31, 1965, IS FOUND TO BE CORRECT AND IS SUSTAINED.