B-170280, SEP. 15, 1970

B-170280, SEP. 15, 1970

PER DIEM -- TEMPORARY DUTY -- RATE PROPRIETY DECISION TO FINANCE OFFICER, CONCERNING THE PROPRIETY OF AN EMPLOYEE'S CLAIM FOR ADDITIONAL PER DIEM REPRESENTING DIFFERENCE BETWEEN RATE IN TRAVEL ORDER AND MAXIMUM PER DIEM RATE SPECIFIED IN REGULATIONS. EMPLOYEE WHO, RECEIVED PER DIEM AT A RATE LESS THAN THAT PRESCRIBED IN THE JOINT TRAVEL REGULATIONS, MAY BE PAID ADDITIONAL PER DIEM FOR THE RATE PRESCRIBED SINCE A RATE LESS THAN THAT PRESCRIBED IN THE JTR'S MAY NOT BE GIVEN EFFECT. SIMILAR CASES MAY BE PAID ON THE SAME BASIS.

TO MAJOR C. D. PREETORIUS:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 16, 1970, WITH ENCLOSURES, FORWARDED HERE BY LETTER OF JULY 8, 1970, FROM THE DEPARTMENT OF DEFENSE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE (CONTROL NO. 70-33), IN WHICH YOU REQUEST AN ADVANCE DECISION AS TO THE PROPRIETY OF PAYMENT OF THE CLAIM OF MRS. ANNE N. ZALLAS, AN EMPLOYEE OF THE DEFENSE SUPPLY AGENCY, FOR ADDITIONAL PER DIEM INCIDENT TO TEMPORARY DUTY.

REQUEST AND AUTHORIZATION FOR TDY TRAVEL OF DOD PERSONNEL, DD FORM 1610, DATED JANUARY 5, 1970, REQUESTED OFFICIAL TRAVEL FOR MRS. ZALLAS, A CONTRACT TERMINATION SPECIALIST STATIONED AT HEADQUARTERS, DEFENSE SUPPLY AGENCY, CAMERON STATION, ALEXANDRIA, VIRGINIA, TO THE CITIES OF SAN DIEGO, LOS ANGELES AND SAN FRANCISCO, IN CALIFORNIA. PROVISION FOR PER DIEM AUTHORIZED IN ACCORDANCE WITH THE JOINT TRAVEL REGULATIONS WAS MARKED OUT AND ANOTHER RATE OF PER DIEM WAS SPECIFIED IN REMARKS AS FOLLOWS: "AUTHORIZED PER DIEM RATE FOR DSA CIVILIAN EMPLOYEES IS $11.80 PLUS DAILY COST OF LODGING ACCOMMODATIONS, TOTAL OF WHICH WILL NOT EXCEED $25.00. RECEIPTS REQUIRED FOR LODGING ACCOMMODATIONS." PURSUANT TO TRAVEL ORDER 3055-70, JANUARY 12, 1970, MRS. ZALLAS PERFORMED THE DIRECTED TRAVEL DURING THE PERIOD FROM FEBRUARY 2 TO 20, 1970, AND ON FEBRUARY 23, 1970, SUBMITTED A TRAVEL VOUCHER TOGETHER WITH BILLS FOR HOTEL ACCOMMODATIONS TOTALING $282.42. THE AMOUNT OF PER DIEM PAID WAS $442.45, WHICH WAS $13.80 LESS THAN PER DIEM OF $456.25 CALCULATED AT $25 FOR 18-1/4 DAYS.

BY LETTER DATED MARCH 5, 1970, MRS. ZALLAS MADE CLAIM TO THIS OFFICE FOR $13.80. THE CLAIM WAS FORWARDED TO THE DEFENSE SUPPLY AGENCY, APRIL 17, 1970. IN YOUR LETTER OF JUNE 16, 1970, IN RESPONSE, YOU REFER TO A SIMILAR CLAIM IN WHICH THIS OFFICE ALLOWED AN EMPLOYEE OF THE DEFENSE SUPPLY AGENCY THE DIFFERENCE BETWEEN PER DIEM OF $25 AND PER DIEM AS AUTHORIZED BY THE AGENCY IN ACCORD WITH ITS PER DIEM POLICY. IN VIEW OF THAT ACTION, WHICH IS NOT REGARDED AS PRECEDENT, YOU REQUEST AN ADVANCE DECISION.

IN OUR DECISION B-168758 OF FEBRUARY 12, 1970, 49 COMP. GEN. , WE HELD THAT REGULATIONS OF THE DEFENSE CONTRACT AUDIT AGENCY, DEFENSE SUPPLY AGENCY, PROVIDING FOR THE PAYMENT OF A PER DIEM LESS THAN $25, COULD NOT BE GIVEN EFFECT BECAUSE A PER DIEM RATE OF $25 HAD BEEN PRESCRIBED IN THE JOINT TRAVEL REGULATIONS. WE SEE NO REASON WHY THAT DECISION WOULD NOT BE APPLICABLE HERE. THEREFORE, MRS. ZALLAS' VOUCHER FOR $13.80 IS RETURNED HEREWITH FOR PAYMENT, IF OTHERWISE CORRECT. SIMILAR CASES TO WHICH YOU REFER MAY ALSO BE PAID.