B-165783, FEB. 11, 1969

B-165783, FEB. 11, 1969

TO LIEUTENANT GENERAL EARL C. HEDLUND, USAF:

THIS REFERS TO UNDATED LETTER FROM MR. FRED D. AMEEN, CHIEF, OFFICE OF PLANNING AND FINANCIAL MANAGEMENT, REFERENCE DSASC-MF, FORWARDED HERE ON DECEMBER 9, 1968, BY MR. N. W. CLAYTOR, CHIEF, ACCOUNTING AND FINANCE DIVISION, OFFICE OF THE COMPTROLLER, REFERENCE DSAH-CFF, REQUESTING OUR DECISION WHETHER MR. ROBERT D. NEFF, A FORMER EMPLOYEE OF THE DEFENSE SUPPLY AGENCY, WOULD BE ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE UNDER THE CIRCUMSTANCES RELATED BELOW.

THE INFORMATION FURNISHED SHOWS THAT MR. NEFF WHOSE PERMANENT DUTY STATION WAS DAYTON, OHIO, WAS BY TRAVEL ORDER DATED MARCH 15, 1968, AS AMENDED, AUTHORIZED TO PERFORM TEMPORARY DUTY IN RICHMOND, INDIANA, AND DAYTON, OHIO, DURING THE PERIOD MARCH 25, 1968, THROUGH MAY 23, 1968. THE TRAVEL ORDER, AS AMENDED, WAS REVOKED ON MAY 16, 1968.

MR. NEFF DID NOT SPEND THE NIGHT IN RICHMOND BUT RETURNED EACH DAY TO HIS RESIDENCE. HE HAS BEEN REIMBURSED FOR MILEAGE FOR THE USE OF HIS PRIVATELY OWNED AUTOMOBILE AND PRESENTLY IS MAKING CLAIM FOR PER DIEM IN LIEU OF SUBSISTENCE. THE FILE SHOWS THAT ON THE DAYS IN QUESTION MR. NEFF LEFT HIS RESIDENCE AT 6:30 A.M. AND RETURNED AT APPROXIMATELY 6 P.M. THE SAME DAY.

IT IS NOTED THAT IN SECTION 13 OF THE TRAVEL ORDER PER DIEM IS AUTHORIZED IN ACCORDANCE WITH THE JOINT TRAVEL REGULATIONS. JTR C8050 4 PROVIDES IN PART AS FOLLOWS:

"4. TEMPORARY DUTY AT NEARBY PLACES OUTSIDE THE PERMANENT DUTY STATION AREA. PER DIEM ALLOWANCE WILL NOT BE AUTHORIZED WHEN AN EMPLOYEE DOES NOT INCUR ADDITIONAL SUBSISTENCE EXPENSES BECAUSE OF A TEMPORARY DUTY ASSIGNMENT IN THE VICINITY OF, BUT OUTSIDE, THE PERMANENT DUTY STATION AREA REGARDLESS OF WHETHER OR NOT TRAVEL BEGINS OR ENDS AT HIS REGULAR PLACE OF DUTY OR HIS RESIDENCE. * * *"

IT HAS BEEN HELD THAT THE PER DIEM ALLOWANCE TO OFFICERS AND EMPLOYEES OF THE GOVERNMENT AUTHORIZED BY THE TRAVEL EXPENSE ACT OF 1949, AS AMENDED, 5 U.S.C. 5701 ET SEQ., IS INTENDED TO REIMBURSE A TRAVELER FOR HAVING TO EAT IN PUBLIC PLACES AND FOR HAVING TO RENT A ROOM IN ANOTHER CITY, ETC., WHILE STILL MAINTAINING HIS OWN TABLE AND HIS OWN PERMANENT PLACE OF ABODE. SEE BORNHOFT V UNITED STATES, 137 CT.CL. 134. THUS, THE REGULATION QUOTED ABOVE APPEARS TO BE IN CONSONANCE WITH THE PURPOSE OF A PER DIEM IN LIEU OF SUBSISTENCE ALLOWANCE.

WHILE MR. NEFF DID PERFORM THE TRAVEL BY PRIVATELY OWNED AUTOMOBILE AND WAS ENTITLED TO REIMBURSEMENT FOR MILEAGE, THERE IS NOTHING OF RECORD TO SHOW THAT HE INCURRED ANY ADDITIONAL SUBSISTENCE BY REASON OF HIS TEMPORARY DUTY ASSIGNMENT.