B-165960, FEB. 27, 1969

B-165960: Feb 27, 1969

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SCHULTZ: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 13. FOR ADDITIONAL PER DIEM WHILE HE WAS ABOARD A SHIP ON SEA TRIALS FOR A PERIOD OF LESS THAN 24 HOURS. FOLTIS WAS FURNISHED THREE MEALS AT GOVERNMENT EXPENSE. PAYMENT OF THE VOUCHER WAS BASED ON PER DIEM AT THE $16 RATE FOR EACH QUARTER DAY PERIOD WHICH BEGAN WHILE MR. FOLTIS WAS NOT ABOARD SHIP AND AT THE $4 RATE FOR THE THREE-QUARTER DAY PERIODS WHICH BEGAN WHILE HE WAS ABOARD SHIP. THAT COMPUTATION WAS BASED UPON ANOTHER PROVISION OF THE SAME APPENDIX WHICH REQUIRES A $4 PER DIEM RATE: "WHILE ABOARD SHIP ON SEA TRIALS WHEN MEALS AND SLEEPING ACCOMMODATIONS ARE PROVIDED FREE ABOARD SHIP.'. THE RECLAIM VOUCHER SUBMITTED FOR OUR ADVANCE DECISION IS FOR $3 .

B-165960, FEB. 27, 1969

TO MISS VERNETTE A. SCHULTZ:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 13, 1969, BY WHICH YOU FORWARD FOR OUR ADVANCE DECISION THE RECLAIM TRAVEL VOUCHER OF MR. CONSTANTINE FOLTIS, AN EMPLOYEE OF THE MARITIME ADMINISTRATION, FOR ADDITIONAL PER DIEM WHILE HE WAS ABOARD A SHIP ON SEA TRIALS FOR A PERIOD OF LESS THAN 24 HOURS.

MR. FOLTIS TRAVELED FROM WASHINGTON, D.C., HIS OFFICIAL STATION, TO NEWPORT NEWS, VIRGINIA, ON DECEMBER 19, 1968, BY GOVERNMENT AUTOMOBILE, LEAVING WASHINGTON AT 8:30 A.M. AND ARRIVING IN NEWPORT NEWS AT 1:30 P.M. ON DECEMBER 20 HE BOARDED THE SHIP INVOLVED FOR THE PURPOSE OF PARTICIPATING IN SEA TRIALS AT 4:15 A.M. HE DISEMBARKED AT 11:30 P.M. THAT DAY AND PROCEEDED DIRECTLY TO HIS OFFICIAL STATION, WASHINGTON, ARRIVING AT 4 A.M. ON DECEMBER 21. WHILE ABOARD SHIP MR. FOLTIS WAS FURNISHED THREE MEALS AT GOVERNMENT EXPENSE.

APPARENTLY, MR. FOLTIS, ON HIS ORIGINAL VOUCHER CLAIMED PER DIEM AT THE $16 RATE FOR THE PERIOD OF HIS ABSENCE FROM WASHINGTON LESS A DEDUCTION FOR GOVERNMENT FURNISHED MEALS OF ONE-EIGHTH THE DAILY RATE FOR EACH MEAL AS REQUIRED BY APPENDIX I TO MARITIME ADMINISTRATION, ADMINISTRATOR'S ORDER NO. 162. PAYMENT OF THE VOUCHER WAS BASED ON PER DIEM AT THE $16 RATE FOR EACH QUARTER DAY PERIOD WHICH BEGAN WHILE MR. FOLTIS WAS NOT ABOARD SHIP AND AT THE $4 RATE FOR THE THREE-QUARTER DAY PERIODS WHICH BEGAN WHILE HE WAS ABOARD SHIP. THAT COMPUTATION WAS BASED UPON ANOTHER PROVISION OF THE SAME APPENDIX WHICH REQUIRES A $4 PER DIEM RATE:

"WHILE ABOARD SHIP ON SEA TRIALS WHEN MEALS AND SLEEPING ACCOMMODATIONS ARE PROVIDED FREE ABOARD SHIP.'

THE RECLAIM VOUCHER SUBMITTED FOR OUR ADVANCE DECISION IS FOR $3 -- THE DIFFERENCE BETWEEN PER DIEM AS COMPUTED FOR PAYMENT PURPOSES AND PER DIEM AS CLAIMED.

OUR VIEW IS THAT UNDER THE MARITIME ADMINISTRATION REGULATION QUOTED ABOVE THE $4 PER DIEM RATE PRESCRIBED FOR TEMPORARY DUTY ABOARD SHIPS DURING SEA TRIALS APPLIES ONLY WHEN THE EMPLOYEE CONCERNED IS FURNISHED BOTH MEALS AND SLEEPING ACCOMMODATIONS ABOARD SHIP DURING THE COURSE OF SUCH SEA TRIALS.

FOR THE REASONS STATED THE RECLAIM VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT.