B-171315, NOV. 20, 1970

B-171315: Nov 20, 1970

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TEMPORARY DUTY - PER DIEM - INCREASE DISALLOWING CLAIM FOR ADDITIONAL PER DIEM FOR TEMPORARY DUTY IN PUERTO RICO DURING PERIOD WHEN PER DIEM RATES WERE INCREASED. SINCE REVIEW OF ADMINISTRATIVE RECORD SHOWS CLAIMANT WAS PROPERLY PAID. THERE IS NO AUTHORITY FOR ADDITIONAL AMOUNT. ALTHOUGH MAXIMUM PER DIEM RATES WERE INCREASED DURING PERIOD. THE INCREASE WAS NOT SELF EXECUTING. FURTHER ADMINISTRATIVE ACTION TO CHANGE THE RATE UNDER CLAIMANT'S TRAVEL ORDER WAS REQUIRED. A COPY OF YOUR REIMBURSEMENT VOUCHER WAS INCLUDED SHOWING THAT OF $622.80 CLAIMED THE ADMINISTRATIVE OFFICE DISALLOWED THE SUM OF $45 TO WHICH YOU BELIEVE YOU ARE ENTITLED. THE PAPERS SUBMITTED SHOW THAT YOU WERE ORDERED TO TEMPORARY DUTY AT PONCE.

B-171315, NOV. 20, 1970

TEMPORARY DUTY - PER DIEM - INCREASE DISALLOWING CLAIM FOR ADDITIONAL PER DIEM FOR TEMPORARY DUTY IN PUERTO RICO DURING PERIOD WHEN PER DIEM RATES WERE INCREASED. SINCE REVIEW OF ADMINISTRATIVE RECORD SHOWS CLAIMANT WAS PROPERLY PAID, THERE IS NO AUTHORITY FOR ADDITIONAL AMOUNT. ALTHOUGH MAXIMUM PER DIEM RATES WERE INCREASED DURING PERIOD, THE INCREASE WAS NOT SELF EXECUTING, FURTHER ADMINISTRATIVE ACTION TO CHANGE THE RATE UNDER CLAIMANT'S TRAVEL ORDER WAS REQUIRED.

TO MR. ORESTES DOMENECH:

BY LETTER OF SEPTEMBER 29, 1970, YOU SUBMITTED CERTAIN PAPERS CONCERNING PER DIEM IN LIEU OF SUBSISTENCE DUE YOU FOR TEMPORARY DUTY DURING THE PERIOD JUNE 5-28, 1970. A COPY OF YOUR REIMBURSEMENT VOUCHER WAS INCLUDED SHOWING THAT OF $622.80 CLAIMED THE ADMINISTRATIVE OFFICE DISALLOWED THE SUM OF $45 TO WHICH YOU BELIEVE YOU ARE ENTITLED.

THE PAPERS SUBMITTED SHOW THAT YOU WERE ORDERED TO TEMPORARY DUTY AT PONCE, PUERTO RICO, BY TRAVEL ORDER NO. PHS 067304, MAY 22, 1970, FOR "11 DAYS AT 27.00 JUNE 5 TO JUNE 15/70" AND "13 DAYS AT 24.00 JUNE 16 TO JUNE 28/70" AND THAT A TRANSPORTATION REQUEST WAS ISSUED FOR ROUND TRIP TRAVEL BY AIR AT $18. THE TRAVEL ORDERS WERE AMENDED AT YOUR REQUEST ON JUNE 3, 1970, AUTHORIZING TRAVEL BY PRIVATELY OWNED VEHICLE AT "10 CENTS PER MILE (FOR THE ROUND-TRIP TRAVEL) NOT TO EXCEED COST BY COMMON CARRIER."

A COPY OF THE PERTINENT PORTIONS OF THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS) WHICH YOU ENCLOSED WITH YOUR LETTER SHOW THAT FOR THE PERIOD MAY 16/DECEMBER 15 THE MAXIMUM PER DIEM RATE AT PONCE WAS $24 EFFECTIVE MAY 4, 1970. THE MAXIMUM RATE FOR THE REMAINDER OF THE YEAR WAS $27. INCLUSION OF THE $27 RATE IN YOUR TRAVEL ORDER COVERING TRAVEL IN JUNE WAS MANIFESTLY AN ADMINISTRATIVE ERROR AND CANNOT BE CONSTRUED AS AUTHORIZING MORE THAN $24. EFFECTIVE JUNE 24, 1970, THE MAXIMUM PER DIEM RATES WERE RAISED FROM $24 TO $30 FOR THE PERIOD MAY 16/DECEMBER 15 AND FROM $27 TO $33 FOR THE REMAINDER OF THE YEAR. HOWEVER, THOUGH THE MAXIMUM AUTHORIZED RATE WAS INCREASED FOR PART OF THE PERIOD OF YOUR TEMPORARY DUTY, SUCH INCREASE WAS NOT SELF-EXECUTING; FURTHER ADMINISTRATIVE ACTION TO CHANGE THE RATE APPLICABLE TO YOUR TRAVEL ORDER WAS REQUIRED. NO SUCH ADMINISTRATIVE ACTION TO IMPLEMENT THE INCREASED RATE AUTHORIZATION WAS TAKEN.

BASED UPON THE FOREGOING IT APPEARS THAT THE ADMINISTRATIVE OFFICE COMPUTED YOUR PER DIEM FOR REQUIRED TRAVEL TIME ON THE BASIS OF CONSTRUCTIVE TRAVEL BY AIR AMOUNTING TO 3/4 OF A DAY AT $24 OR $18 EACH WAY FOR A TOTAL OF $36. THAT COMPUTATION WAS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 3.5C(2)(B), STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. SEE B-122432, FEBRUARY 8, 1955, COPY ENCLOSED. THE REMAINING 22 DAYS OF YOUR PERIOD OF TEMPORARY DUTY ARE COMPENSABLE AT THE RATE OF $24 A DAY FOR A TOTAL OF $528 WHICH TOGETHER WITH THE $36 FOR TRAVEL TIME MAKES AN OVERALL TOTAL OF $564 FOR PER DIEM. SINCE THIS AMOUNT WAS ADMINISTRATIVELY PAID TO YOU THERE IS NO FURTHER AMOUNT OF PER DIEM DUE. IN ADDITION, YOU WERE ENTITLED TO REIMBURSEMENT FOR 138 MILES TRAVELED AT THE RATE OF 10 CENTS PER MILE FOR A TOTAL OF $13.80.

FROM THE RECORD YOU SUBMITTED IT APPEARS THAT THE ADMINISTRATIVE SETTLEMENT MADE IN YOUR CASE WAS CORRECT. YOU WERE ENTITLED TO AND WERE PAID A TOTAL OF $577.80 ($564 PLUS $13.80) AND WE ARE AWARE OF NO BASIS UPON WHICH THE ADDITIONAL $45 CLAIMED MAY PROPERLY BE PAID.