B-158882, APR. 27, 1966

B-158882: Apr 27, 1966

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FOR CERTAIN DAYS HE WAS ON TEMPORARY DUTY IN VIETNAM. RILEY WAS ASSIGNED TO TEMPORARY DUTY IN VIETNAM FROM MAY 28 TO NOVEMBER 18. WHICH AUTHORIZED PER DIEM IN LIEU OF SUBSISTENCE WHILE OUTSIDE THE CONTINENTAL UNITED STATES AT THE RATES ESTABLISHED BY THE BUREAU OF THE BUDGET FOR THE LOCALITY IN WHICH TRAVEL WAS PERFORMED. FOREIGN AREAS) WERE $16 FOR THE SAIGON- CHOLON AREA AND $9 FOR OTHER AREAS IN VIETNAM. HE WAS. REQUIRED TO TRAVEL TO OTHER AREAS IN VIETNAM FOR SHORT PERIODS ON SEVERAL OCCASIONS AND FOR THE TIME HE SPENT AWAY FROM SAIGON HIS PER DIEM WAS REDUCED TO $9 IN ACCORDANCE WITH THE ABOVE REGULATIONS. RILEY FOUND IT NECESSARY TO RETAIN HIS LIVING ACCOMMODATIONS IN SAIGON WHILE HE WAS AWAY FROM THAT AREA IN ORDER TO INSURE THEIR AVAILABILITY ON HIS RETURN AND HE CLAIMS PER DIEM AT THE $16 RATE FOR THE DAYS HE WAS IN VIETNAM OUTSIDE THE SAIGON-CHOLON AREA.

B-158882, APR. 27, 1966

TO DISBURSING OFFICER, U.S. NAVY REGIONAL FINANCE CENTER:

WE REFER TO YOUR LETTER OF MARCH 1, 1966, YOUR REFERENCE FA/MG:MG, PDTATAC CONTROL NO. 66-15, CONCERNING THE PAYMENT OF ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE TO MR. WILLIAM J. RILEY, A CIVILIAN EMPLOYEE OF THE OFFICE OF THE INSPECTOR OF NAVAL MATERIAL, PETROLEUM, CONCORD, CALIFORNIA, FOR CERTAIN DAYS HE WAS ON TEMPORARY DUTY IN VIETNAM.

MR. RILEY WAS ASSIGNED TO TEMPORARY DUTY IN VIETNAM FROM MAY 28 TO NOVEMBER 18, 1965, UNDER TRAVEL ORDER NO. T-50340001, DATED FEBRUARY 3, 1965, WHICH AUTHORIZED PER DIEM IN LIEU OF SUBSISTENCE WHILE OUTSIDE THE CONTINENTAL UNITED STATES AT THE RATES ESTABLISHED BY THE BUREAU OF THE BUDGET FOR THE LOCALITY IN WHICH TRAVEL WAS PERFORMED. THE RATES OF PER DIEM AUTHORIZED PURSUANT TO SECTION 6.2B/3) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND PRESCRIBED IN SECTION 925 OF THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS) WERE $16 FOR THE SAIGON- CHOLON AREA AND $9 FOR OTHER AREAS IN VIETNAM. MR. RILEY SPENT MOST OF HIS TIME ON TEMPORARY DUTY IN SAIGON AND HAS BEEN PAID AT THE $16 RATE FOR SUCH TIME. HE WAS, HOWEVER, REQUIRED TO TRAVEL TO OTHER AREAS IN VIETNAM FOR SHORT PERIODS ON SEVERAL OCCASIONS AND FOR THE TIME HE SPENT AWAY FROM SAIGON HIS PER DIEM WAS REDUCED TO $9 IN ACCORDANCE WITH THE ABOVE REGULATIONS. MR. RILEY FOUND IT NECESSARY TO RETAIN HIS LIVING ACCOMMODATIONS IN SAIGON WHILE HE WAS AWAY FROM THAT AREA IN ORDER TO INSURE THEIR AVAILABILITY ON HIS RETURN AND HE CLAIMS PER DIEM AT THE $16 RATE FOR THE DAYS HE WAS IN VIETNAM OUTSIDE THE SAIGON-CHOLON AREA.

UNDER THE REGULATIONS OF THE BUREAU OF THE BUDGET IMPLEMENTING SECTION 3 OF THE TRAVEL EXPENSE ACT OF 1949, AS AMENDED, 5 U.S.C. 836, THERE IS NO BASIS ON WHICH A PER DIEM IN EXCESS OF $9 COULD HAVE BEEN AUTHORIZED WHILE MR. RILEY WAS IN VIETNAM OUTSIDE THE SAIGON-CHOLON AREA. THEREFORE, THE VOUCHER MAY NOT BE PAID AS SUBMITTED.

HOWEVER, IF THE APPROPRIATE OFFICIAL IN THE DEPARTMENT OF THE NAVY DETERMINES THAT MR. RILEY HAD NO ALTERNATIVE BUT TO RETAIN HIS LODGING IN SAIGON DURING THE PERIOD IN QUESTION AND APPROVES SUBSISTENCE ON AN ACTUAL EXPENSE BASIS WHILE HE WAS IN VIETNAM OUTSIDE SAIGON UNDER THE PROVISIONS OF SECTION 6.12 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND PARAGRAPH C 8151 OF VOLUME 2 OF THE JOINT TRAVEL REGULATIONS (BEFORE JULY 1, 1965, THE PROVISIONS OF SECTION 7-5 OF NCPI 4650), WE WILL NOT OBJECT IF THE COST OF QUARTERS IN SAIGON IS INCLUDED AS A PART OF HIS DAILY SUBSISTENCE EXPENSES ON SUCH DAYS. SEE B-155141, OCTOBER 20, 1964.

ACCORDINGLY, IF A REVISED VOUCHER IS PREPARED CONSISTENT WITH THE ABOVE PAYMENT OF SUBSISTENCE ON AN ACTUAL EXPENSES BASIS WITHIN THE AUTHORIZED LIMITATIONS MAY BE MADE. SEE SECTION 6.12F OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND PARAGRAPHS C 10106 THROUGH C 10108 OF THE JOINT TRAVEL REGULATIONS, VOLUME 2.