B-163787, APR. 19, 1968

B-163787: Apr 19, 1968

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STATES: "GOVERNMENT QUARTERS ARE AVAILABLE. WHILE IN SCHOOL PER DIEM AT THE RATE OF $7.00 IS AUTHORIZED IN ACCORDANCE WITH JTR. PROVIDED "SPECIFIC PER DIEM RATES ARE PRESCRIBED IN APPENDIX C WHICH ARE APPLICABLE WHILE ATTENDING DESIGNATED TRAINING COURSES.'. YOU STATE THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE TO THE TRAVELER DURING THE PERIOD JANUARY 21-25. YOU RAISE THE QUESTION AS TO WHETHER SUCH STATEMENTS OF NONAVAILABILITY MAY BE ACCEPTED AS THE BASIS FOR REIMBURSING TRAVELERS AT THE MAXIMUM RATE OF PER DIEM WHEN A LOWER RATE IS SPECIFIED IN THE JOINT TRAVEL REGULATIONS. WE HAVE BEEN ADVISED BY THE DEPARTMENT OF THE AIR FORCE THAT THE $7 RATE WAS BASED ON THE USE OF PREARRANGED GOVERNMENT QUARTERS.

B-163787, APR. 19, 1968

TO MAJOR G. B. ADAMS, FC:

YOUR LETTER OF FEBRUARY 23, 1968, REFERENCE DGSC-CF, WITH ENCLOSED VOUCHER IN FAVOR OF MR. WESLEY L. SHIFFLETTE, COVERING CLAIM FOR INCREASED PER DIEM WHILE ATTENDING AN AIR FORCE SCHOOL, FORWARDED HERE BY A LETTER OF THE CHIEF, ACCOUNTING AND FINANCE DIVISION, OFFICE OF THE COMPTROLLER, DATED MARCH 8, 1968, REQUESTS OUR DECISION WHETHER THE VOUCHER MAY BE PAID.

MR. SHIFFLETTE PERFORMED TRAVEL TO THE SCHOOL OF SYSTEMS AND LOGISTICS, AIR FORCE INSTITUTE OF TECHNOLOGY, WRIGHT PATTERSON AIR FORCE BASE, OHIO, DURING THE PERIOD JANUARY 21 TO FEBRUARY 2, 1968. TRAVEL ORDER NO. 40, JANUARY 16, 1968, ISSUED BY THE DEFENSE GENERAL SUPPLY CENTER, RICHMOND, VIRGINIA, STATES: "GOVERNMENT QUARTERS ARE AVAILABLE. WHILE IN SCHOOL PER DIEM AT THE RATE OF $7.00 IS AUTHORIZED IN ACCORDANCE WITH JTR, VOLUME II.' SECTION C8101-2H, CHANGE 30, DECEMBER 1, 1967, OF THE JOINT TRAVEL REGULATIONS, PROVIDED "SPECIFIC PER DIEM RATES ARE PRESCRIBED IN APPENDIX C WHICH ARE APPLICABLE WHILE ATTENDING DESIGNATED TRAINING COURSES.' APPENDIX C PROVIDED A $7 RATE. YOU STATE THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE TO THE TRAVELER DURING THE PERIOD JANUARY 21-25, 1968, AS EVIDENCED BY DD FORM 1351-5 ISSUED BY WRIGHT PATTERSON AIR FORCE BASE. YOU RAISE THE QUESTION AS TO WHETHER SUCH STATEMENTS OF NONAVAILABILITY MAY BE ACCEPTED AS THE BASIS FOR REIMBURSING TRAVELERS AT THE MAXIMUM RATE OF PER DIEM WHEN A LOWER RATE IS SPECIFIED IN THE JOINT TRAVEL REGULATIONS.

WE HAVE BEEN ADVISED BY THE DEPARTMENT OF THE AIR FORCE THAT THE $7 RATE WAS BASED ON THE USE OF PREARRANGED GOVERNMENT QUARTERS. ALSO, SECTION C1057-2, JOINT TRAVEL REGULATIONS, IN EFFECT DURING THE PERIOD HERE INVOLVED, PROVIDED THAT THE PER DIEM ALLOWANCES PAYABLE "WHEN THE USE OF AVAILABLE GOVERNMENT QUARTERS IS NECESSARY," WILL BE DETERMINED AS PROVIDED IN CHAPTER 8 OF THOSE REGULATIONS. THUS, IT WOULD APPEAR REASONABLE TO CONCLUDE THAT THE NONAVAILABILITY OF GOVERNMENT QUARTERS PROVIDES A BASIS FOR ALLOWANCE OF A PER DIEM RATE OF $16.

IN VIEW OF THE ABOVE, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE PAID IN ACCORDANCE WITH THE ABOVE.