B-166735, JUN. 13, 1969

B-166735: Jun 13, 1969

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COLONEL OLSEN'S LETTER IS BEING HANDLED AS A REQUEST ON YOUR BEHALF FOR REVIEW OF OUR OFFICE SETTLEMENT DATED MARCH 25. YOU WERE DIRECTED TO PROCEED TO OKINAWA ON OCTOBER 15. ALTHOUGH YOU WERE SCHEDULED TO RETURN TO SAIGON ON OCTOBER 22 YOUR DEPARTURE FROM OKINAWA WAS DELAYED UNTIL OCTOBER 31 DUE A TYPHOON. YOU HAVE BEEN PAID PER DIEM AT THE RATE OF $16 (LOCALITY PER DIEM RATE FOR OKINAWA) FOR OCTOBER 16 AND AT THE RATE OF $9 FOR THE PERIOD OCTOBER 17 THROUGH 31. PRESUMABLY THE $9 RATE WAS PRESCRIBED IN ACCORDANCE WITH PARAGRAPH C8101-3D OF VOLUME 2. WHICH PARAGRAPH REQUIRES A REDUCTION IN THE OVERSEAS LOCALITY PER DIEM RATE WHEN GOVERNMENT QUARTERS ARE UTILIZED BY THE TRAVELER. ALTHOUGH YOU ACTUALLY WERE IN OKINAWA DURING THE PERIOD OCTOBER 22 THROUGH 31.

B-166735, JUN. 13, 1969

TO MR. ELIAS L. TABEEK:

THIS REFERS TO LETTER OF APRIL 16, 1969, FROM COLONEL CHARLES I. OLSEN, COMPTROLLER, HEADQUARTERS, EASTERN AREA, MILITARY TRAFFIC MANAGEMENT AND TERMINAL SERVICE, DEPARTMENT OF THE ARMY. COLONEL OLSEN'S LETTER IS BEING HANDLED AS A REQUEST ON YOUR BEHALF FOR REVIEW OF OUR OFFICE SETTLEMENT DATED MARCH 25, 1969, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT OF ADDITIONAL PER DIEM FOR THE PERIOD OCTOBER 22 THROUGH 31, 1967, AND ACTUAL SUBSISTENCE EXPENSES FOR THE PERIOD OCTOBER 15 THROUGH 31, 1967, INCIDENT TO YOUR TEMPORARY DUTY ASSIGNMENT IN OKINAWA.

THE RECORD SHOWS THAT WHILE PERFORMING TEMPORARY DUTY IN SAIGON, VIETNAM, UNDER LETTER ORDER NO. 9-34, DATED SEPTEMBER 12, 1967, YOU WERE DIRECTED TO PROCEED TO OKINAWA ON OCTOBER 15, 1967, FOR THE PURPOSE OF PERFORMING CERTAIN DUTIES. ALTHOUGH YOU WERE SCHEDULED TO RETURN TO SAIGON ON OCTOBER 22 YOUR DEPARTURE FROM OKINAWA WAS DELAYED UNTIL OCTOBER 31 DUE A TYPHOON.

WHILE IN OKINAWA YOU OCCUPIED QUARTERS AT A HOTEL ON OCTOBER 15 AND 16 AND GOVERNMENT FURNISHED QUARTERS DURING THE REMAINING PERIOD FROM OCTOBER 17 THROUGH 31. YOU HAVE BEEN PAID PER DIEM AT THE RATE OF $16 (LOCALITY PER DIEM RATE FOR OKINAWA) FOR OCTOBER 16 AND AT THE RATE OF $9 FOR THE PERIOD OCTOBER 17 THROUGH 31. PRESUMABLY THE $9 RATE WAS PRESCRIBED IN ACCORDANCE WITH PARAGRAPH C8101-3D OF VOLUME 2, JOINT TRAVEL REGULATIONS, WHICH PARAGRAPH REQUIRES A REDUCTION IN THE OVERSEAS LOCALITY PER DIEM RATE WHEN GOVERNMENT QUARTERS ARE UTILIZED BY THE TRAVELER.

ALTHOUGH YOU ACTUALLY WERE IN OKINAWA DURING THE PERIOD OCTOBER 22 THROUGH 31, 1967, YOU BELIEVE THAT YOU ARE ENTITLED TO PAYMENT OF PER DIEM AT THE SAIGON LOCALITY RATE OF $26 FOR SUCH PERIOD SINCE YOUR TEMPORARY DUTY ASSIGNMENT IN OKINAWA TERMINATED ON OCTOBER 22 AND YOUR INABILITY TO RETURN TO SAIGON UNTIL OCTOBER 31 AROSE THROUGH NO FAULT OF YOUR OWN.

UNDER SECTION 5707 OF TITLE 5, U.S.C. THE DIRECTOR OF THE BUREAU OF THE BUDGET IS VESTED WITH THE AUTHORITY TO PRESCRIBE REGULATIONS GOVERNING THE PAYMENT OF PER DIEM ALLOWANCES. SUBSECTION 6.2B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, ISSUED BY THE BUREAU OF THE BUDGET PURSUANT TO THE STATUTORY AUTHORITY CITED ABOVE, PROVIDES, IN PART, AS FOLLOWS:

"A PER DIEM ALLOWANCE, IN LIEU OF ACTUAL SUBSISTENCE EXPENSES, FOR TRAVEL ON OFFICIAL BUSINESS MAY BE AUTHORIZED OR APPROVED WITHIN THE FOLLOWING MAXIMUMS:

"/3) FOR TRAVEL IN LOCALITIES IN ANY AREA (INCLUDING THE TRUST TERRITORY OF THE PACIFIC ISLANDS) SITUATED OUTSIDE THE UNITED STATES, THE COMMONWEALTH OF PUERTO RICO, THE CANAL ZONE, AND THE POSSESSIONS OF THE UNITED STATES, AT A RATE NOT IN EXCESS OF THE RATE PRESCRIBED BY THE SECRETARY OF STATE AND PUBLISHED IN THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS).'

AT THE TIME OF YOUR TEMPORARY DUTY IN OKINAWA A PER DIEM RATE OF $16 HAD BEEN PRESCRIBED BY THE SECRETARY OF STATE FOR TRAVEL IN THAT LOCALITY. THUS, IN ACCORDANCE WITH THE ABOVE-QUOTED REGULATION, A PER DIEM RATE OF $16 WAS THE MAXIMUM RATE THAT COULD HAVE BEEN AUTHORIZED AND PAID FOR YOUR TRAVEL IN OKINAWA. THE FACT THAT YOU WERE SCHEDULED TO RETURN TO SAIGON ON OCTOBER 22 BUT WERE UNABLE TO DO SO BECAUSE OF REASONS BEYOND YOUR CONTROL HAS NO BEARING WHATSOEVER ON THE PER DIEM RATE ALLOWABLE FOR YOUR TRAVEL. RATHER, THE CONTROLLING FACT IS THAT DURING THE PERIOD IN QUESTION (OCTOBER 22-31) YOU WERE TRAVELING IN OKINAWA AND NOT IN SAIGON. THEREFORE, THERE IS NO BASIS TO ALLOW YOUR CLAIM FOR PAYMENT OF PER DIEM AT THE SAIGON RATE FOR THAT PERIOD. IN ADDITION TO THE REGULATION QUOTED ABOVE, SEE PARAGRAPHS C8100-2, C8101 1 AND C8101-3 OF VOLUME 2, JOINT TRAVEL REGULATIONS.

YOUR CLAIM FOR PAYMENT OF ACTUAL SUBSISTENCE EXPENSES (HOTEL ROOM RENT) FOR THE PERIOD OCTOBER 15 THROUGH 31, 1967, IS EXPLAINED ON YOUR ORIGINAL TRAVEL VOUCHER AS FOLLOWS:

"NOTE: TRAVELER PAID HOTEL MARTIN BILL IN SAIGON FROM 20 SEP TO 9 NOV 67. THE ENTIRE MONTH OF OCTOBER WAS PAID FOR AT THE BEGINNING OF THE MONTH TO GUARANTEE ROOM RESERVATION, BUT DURING OCTOBER MR. TABEEK WAS ASSIGNED TDY IN OKINAWA FROM 15 TO 31 OCT 67, THEREFORE, HE PAID HOTEL BILLS IN BOTH SAIGON AND OKINAWA FOR THE SAME PERIOD OF TIME. HE WAS NOT REFUNDED ANY MONIES FROM HOTEL MARTIN IN SAIGON FOR THE MONTH OF OCTOBER FOR THE DAYS HE WAS IN OKINAWA.'

SECTION 6.1 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES THAT THE PER DIEM IN LIEU OF SUBSISTENCE EXPENSES INCLUDES ALL CHARGES FOR MEALS, LODGING, ETC. SINCE YOU HAVE BEEN PAID THE PER DIEM AUTHORIZED FOR YOUR TRAVEL IN OKINAWA, AS DISCUSSED ABOVE, YOUR CLAIM FOR ADDITIONAL SUBSISTENCE EXPENSES MAY NOT BE ALLOWED ON THE PRESENT RECORD.

HOWEVER, SECTION 6.12 OF THE TRAVEL REGULATIONS PROVIDES THAT AN ALLOWANCE OF ACTUAL SUBSISTENCE EXPENSES MAY BE AUTHORIZED OR APPROVED WHERE DUE TO UNUSUAL CIRCUMSTANCES OF A SPECIFIC TRAVEL ASSIGNMENT THE MAXIMUM PER DIEM ALLOWANCE WOULD BE MUCH LESS THAN THE AMOUNT REQUIRED TO MEET THE NECESSARY SUBSISTENCE EXPENSES OF A TRAVELER. SHOULD THE APPROPRIATE OFFICIAL IN THE DEPARTMENT OF THE ARMY DETERMINE THAT YOU HAD NO ALTERNATIVE BUT TO PAY A FULL MONTH'S RENT IN ADVANCE FOR THE HOTEL ROOM IN SAIGON AND APPROVE SUBSISTENCE ON AN ACTUAL EXPENSE BASIS WHILE YOU WERE IN OKINAWA UNDER THE PROVISIONS OF SECTION 6.12, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AND PARAGRAPH C8151 OF VOLUME 2, JOINT TRAVEL REGULATIONS, WE WILL GIVE FURTHER CONSIDERATION TO YOUR CLAIM. EVIDENCE OF THE ABOVE ADMINISTRATIVE ACTIONS MUST BE ACCOMPANIED BY A REVISED VOUCHER PREPARED IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION 6.12F, SGTR, AND PARAGRAPHS C10005 AND C10106 C10108 OF VOLUME 2, JTR.

ON THE BASIS OF THE PRESENT RECORD THE DISALLOWANCE OF YOUR CLAIM BY SETTLEMENT DATED MARCH 25, 1969, MUST BE AND HEREBY IS SUSTAINED.