B-157437, SEP. 7, 1965

B-157437, SEP. 7, 1965

TO MR. FELIX R. CAMPUZANO:

WE REFER TO YOUR LETTER OF JULY 28, 1965, REQUESTING THAT WE RECONSIDER YOUR CLAIM FOR ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE INCIDENT TO THE TEMPORARY DUTY YOU PERFORMED AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, PHILADELPHIA PROCUREMENT DISTRICT, PHILADELPHIA, PENNSYLVANIA, AT THE READING DISTRICT OFFICE, DEFENSE CONTRACT ADMINISTRATIVE SERVICES REGION (PT), DEFENSE SUPPLY AGENCY, READING, PENNSYLVANIA, BETWEEN APRIL 15 AND NOVEMBER 20, 1964, WHICH WAS DISALLOWED BY SETTLEMENT OF THE CLAIMS DIVISION OF OUR OFFICE DATED JULY 23, 1965.

YOUR TRAVEL WAS AUTHORIZED BY TRAVEL ORDER NO. PH-931 OF THE PHILADELPHIA PROCUREMENT DISTRICT, DATED APRIL 1, 1964, AND BY SUBSEQUENT ORDERS OF THE DEFENSE CONTRACT ADMINISTRATIVE SERVICES REGION (PT), READING DISTRICT OFFICE. ALL THE TRAVEL ORDERS INVOLVED AUTHORIZED PAYMENT OF PER DIEM AT THE MAXIMUM RATE OF $16 AND PER DIEM WAS PAID AT THAT RATE WHILE YOU WERE IN READING, HOWEVER, ON WEEKENDS WHEN YOU RETURNED TO YOUR HOME IN YEADON PER DIEM WAS PAID ONLY WHILE YOU WERE ACTUALLY TRAVELING. ACCORDINGLY, ON WEEKENDS YOUR PER DIEM WAS DISCONTINUED AFTER THE FOURTH QUARTER ON FRIDAY AND RESUMED THE FOURTH QUARTER ON SUNDAY. IN LIEU OF THE PAYMENT OF PER DIEM ON WEEKENDS YOU WERE PAID MILEAGE AT THE AUTHORIZED RATE OF 10 CENTS PER MILE FOR THE 136 MILE ROUND TRIP BETWEEN YOUR PLACE OF DUTY AND YOUR RESIDENCE AND TURNPIKE TOLLS OF 20 CENTS EACH WAY. THUS, IN LIEU OF PER DIEM FOR SATURDAY AND THE FIRST THREE QUARTERS OF SUNDAY, WHICH WOULD HAVE AMOUNTED TO $28, YOU WERE PAID $14 FOR MILEAGE AND TOLLS. ALSO, PER DIEM WAS NOT ALLOWED FOR HOLIDAYS AND LEAVE DAYS WHICH YOU SPENT AT YOUR RESIDENCE.

YOUR CLAIM IS FOR PER DIEM AT THE $16 RATE FROM APRIL 15 TO NOVEMBER 20, 1964, WITHOUT DEDUCTION FOR DAYS YOU SPENT AT YOUR RESIDENCE, LESS THE AMOUNT ALREADY PAID YOU FOR PER DIEM, MILEAGE AND TOLLS.

SECTION 3 OF THE TRAVEL EXPENSE ACT OF 1949, APPROVED JUNE 9, 1949, CH. 185, 63 STAT. 166, AS AMENDED, 5 U.S.C. 836, AUTHORIZES PAYMENT OF PER DIEM TO GOVERNMENT EMPLOYEES WHILE THEY ARE ,TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY * * *.' SECTION 6.8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS ISSUED BY THE BUREAU OF THE BUDGET UNDER SECTION 7 OF THE TRAVEL EXPENSE ACT OF 1949 (5 U.S.C. 840), PROVIDES:

"NO ALLOWANCE AT PERMANENT DUTY STATION.--- PER DIEM IN LIEU OF SUBSISTENCE WILL NOT BE ALLOWED AN EMPLOYEE EITHER AT HIS PERMANENT DUTY STATION OR AT HIS PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION.'

UNDER THE QUOTED LAW AND REGULATION WHICH ARE BINDING ON THE DEPARTMENT OF THE ARMY THERE WAS NO AUTHORITY FOR THAT DEPARTMENT TO AUTHORIZE OR PAY YOU PER DIEM WHILE YOU WERE AT YOUR RESIDENCE IN YEADON.

SECTION 6.4 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES:

"RETURN TO OFFICIAL STATION.--- AT THE DISCRETION OF THE ADMINISTRATIVE OFFICIALS A TRAVELER MAY BE REQUIRED TO RETURN TO HIS OFFICIAL STATION FOR NONWORK DAYS. 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 ROUND-TRIP TRANSPORTATION AND PER DIEM EN ROUTE WILL BE THE TRAVEL EXPENSE WHICH WOULD HAVE BEEN ALLOWABLE HAD THE TRAVELER REMAINED AT HIS TEMPORARY DUTY STATION.'

UNDER THE AUTHORITY OF THAT REGULATION AND THE PROVISIONS OF YOUR TRAVEL ORDERS YOU WERE ENTITLED TO PAYMENT OF PER DIEM WHILE TRAVELING TO AND FROM YOUR RESIDENCE AND TO MILEAGE FOR TRAVEL BY PRIVATELY-OWNED AUTOMOBILE INCIDENT TO YOUR WEEKEND TRIPS. HOWEVER, AS NOTED ABOVE, THE LAW DOES NOT PERMIT PAYMENT OF PER DIEM TO AN EMPLOYEE WHILE AT THE PLACE OF HIS RESIDENCE.

WITH REGARD TO PAYMENT OF FULL PER DIEM ON WEEKENDS HAD YOU REMAINED AT YOUR TEMPORARY DUTY STATION FOR PERSONAL REASONS WE ENCLOSE A COPY OF THE DECISION OF JULY 24, 1959, B-139852.