B-169536, JUL. 2, 1970

B-169536: Jul 2, 1970

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EMPLOYEE WHO USED HIS PRIVATELY OWNED TRAILER AS LODGINGS WHILE ON TEMPORARY DUTY UNDER TRAVEL ORDERS THAT FIXED RATES WITHOUT KNOWLEDGE THAT HE WOULD BE USING HIS TRAILER FOR LODGINGS IS NOT REQUIRED TO HAVE SUCH ORDERS REGARDED AS LEGALLY EFFECTIVE AND THEREFORE IF REASONABLE RATES ARE APPROVED FOR TRAVEL BY PRIVATELY OWNED TRAILER IN ACCORDANCE WITH SEC. 6.2E OF SGTR HE MAY BE PAID PER DIEM. THE DOUBT EXPRESSED BY YOU IN THE MATTER IS BASED UPON OUR OFFICE DECISION AT 16 COMP. IN THE ABSENCE OF A SPECIFIC PROVISION OF LAW OR A REGULATION AUTHORIZING TRAVEL AND FIXING A PER DIEM ON THE BASIS THAT AN EMPLOYEE WILL OCCUPY A PRIVATELY OWNED TRAILER AS LODGING WHILE TRAVELING ON OFFICIAL BUSINESS.

B-169536, JUL. 2, 1970

CIVIL PAY -- PER DIEM IN LIEU OF SUBSISTENCE DECISION TO FINANCE OFFICER, DEFENSE SUPPLY AGENCY CONCERNING PER DIEM PAYMENT IN LIEU OF SUBSISTENCE EXPENSE TO AN EMPLOYEE WHO USED HIS PRIVATELY OWNED TRAILER AS LODGINGS WHILE ON TEMPORARY DUTY AT BARKSDALE AIR FORCE BASE, LOUISIANA. EMPLOYEE WHO USED HIS PRIVATELY OWNED TRAILER AS LODGINGS WHILE ON TEMPORARY DUTY UNDER TRAVEL ORDERS THAT FIXED RATES WITHOUT KNOWLEDGE THAT HE WOULD BE USING HIS TRAILER FOR LODGINGS IS NOT REQUIRED TO HAVE SUCH ORDERS REGARDED AS LEGALLY EFFECTIVE AND THEREFORE IF REASONABLE RATES ARE APPROVED FOR TRAVEL BY PRIVATELY OWNED TRAILER IN ACCORDANCE WITH SEC. 6.2E OF SGTR HE MAY BE PAID PER DIEM.

TO MAJOR R. N. CROSSLEY:

YOUR LETTER OF FEBRUARY 17, 1970, AND ENCLOSURES, REFERENCE DCRT-FO, FORWARDED TO US ON APRIL 8, 1970, UNDER PDTATAC CONTROL NO. 70-16, REQUESTS OUR ADVANCE DECISION CONCERNING THE AMOUNT OF AUTHORIZED PER DIEM IN LIEU OF SUBSISTENCE EXPENSES WHICH MAY BE PAID TO MR. FRANK E. PULLEY DURING THE PERIOD THAT HE USED HIS PRIVATELY OWNED TRAILER AS LODGINGS WHILE ON TEMPORARY DUTY AT BARKSDALE AIR FORCE BASE, LOUISIANA, UNDER TRAVEL ORDER NO. RGB-22-70 DATED OCTOBER 21, 1969, AS AMENDED.

THE DOUBT EXPRESSED BY YOU IN THE MATTER IS BASED UPON OUR OFFICE DECISION AT 16 COMP. GEN. 863. THAT DECISION HELD THAT, IN THE ABSENCE OF A SPECIFIC PROVISION OF LAW OR A REGULATION AUTHORIZING TRAVEL AND FIXING A PER DIEM ON THE BASIS THAT AN EMPLOYEE WILL OCCUPY A PRIVATELY OWNED TRAILER AS LODGING WHILE TRAVELING ON OFFICIAL BUSINESS, IF HE IS ACCOMPANIED BY HIS DEPENDENTS, HE MAY NOT BE PAID PER DIEM IN LIEU OF SUBSISTENCE EXPENSES. ALSO SEE 28 COMP. GEN. 341.

REIMBURSEMENT OF AN EMPLOYEE'S EXPENSES WHILE USING A MOBILE HOME OR HOUSE TRAILER EITHER AS TEMPORARY QUARTERS INCIDENT TO CHANGE OF PERMANENT DUTY STATION OR AS LODGINGS DURING TEMPORARY DUTY ASSIGNMENTS ALTHOUGH NOT COVERED IN THE JOINT TRAVEL REGULATIONS IS COVERED BY REGULATIONS OF THE BUREAU OF THE BUDGET. SECTION 6.2E OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES THAT PER DIEM ALLOWANCE FOR TRAVEL BY MEANS OF A PRIVATELY OWNED TRAILER MAY BE AUTHORIZED OR APPROVED.

SINCE THE RATES OF PER DIEM SPECIFIED IN MR. PULLEY'S TRAVEL ORDER, AS AMENDED, WERE ESTABLISHED WITHOUT ANY KNOWLEDGE THAT MR. PULLEY WOULD BE USING HIS TRAILER FOR PURPOSES OF LODGINGS, THEY ARE NOT REGARDED AS LEGALLY EFFECTIVE. HOWEVER, SINCE SECTION 6.2E, ABOVE, DOES PERMIT APPROVAL OF PER DIEM WE SEE NO REASON WHY REASONABLE RATES OF PER DIEM MAY NOT BE APPROVED FOR MR. PULLEY AT THIS TIME BASED ON HIS USE OF THE TRAILER.

ACCORDINGLY, THE VOUCHER WITH PAPERS WHICH ACCOMPANIED YOUR LETTER IS RETURNED HEREWITH FOR DISPOSITION AS INDICATED ABOVE.