B-171836, APR 29, 1971

B-171836, APR 29, 1971

CIVILIAN EMPLOYEE - TEMPORARY QUARTERS - PER DIEM ALLOWING PAYMENT OF ROBERT D. ROGERS OF PER DIEM AT A RATE OF $11.80 INCIDENT TO HIS ATTENDANCE AT A COURSE OF INSTRUCTION AT FORT LEE, VIRGINIA, PURSUANT TO TRAVEL ORDERS ISSUED BY THE DEFENSE GENERAL SUPPLY CENTER (DGSC) AT RICHMOND, VA. SINCE THE COMP. GEN. IS UNAWARE OF ANY PROVISIONS IN THE JTR WHICH WOULD PERMIT THE CONSTRUCTION OF A RATE OF $5 FOR PER DIEM AS PRESCRIBED IN DGSC REGULATION 5000.1 BASED ON THE USE OF GOVERNMENT QUARTERS, AS WAS DONE IN THIS CASE, THE PROVISIONS OF JTR, VOLUME 2, C8101-2E, PRESCRIBING A PER DIEM RATE OF $11.80 ARE FOR APPLICATION.

TO MR. M. E. SMITH:

WE REFER FURTHER TO YOUR LETTER OF DECEMBER 21, 1970, REFERENCE DGSC CF, WHICH REQUESTED A DECISION ON THE REIMBURSABILITY OF MILEAGE AND PER DIEM TO MR. ROBERT D. RODGERS INCIDENT TO HIS ATTENDANCE AT A COURSE OF INSTRUCTION AT FORT LEE, VIRGINIA, DURING 1970. YOUR LETTER WAS ASSIGNED PDTATAC CONTROL NO. 71-7 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE AND FORWARDED HERE ON FEBRUARY 1, 1971.

MR. RODGERS, PURSUANT TO TRAVEL ORDERS ISSUED BY THE DEFENSE GENERAL SUPPLY CENTER (DGSC) AT RICHMOND, VIRGINIA, ATTENDED A COURSE OF INSTRUCTION FROM NOVEMBER 16 TO DECEMBER 11, 1970, AT FORT LEE, VIRGINIA. QUARTERS WERE AUTHORIZED IN THE TRAVEL ORDERS WHICH ALSO PRESCRIBED A PER DIEM RATE OF $5 UNDER THE PROVISIONS OF DGSC REGULATION NO. 5000.1 OF MAY 11, 1970. YOU STATE THAT MR. RODGERS WAS PAID AT THE RATE SPECIFIED IN THE ORDERS AND NOW CLAIMS PER DIEM AT THE RATE OF $11.80 SINCE OTHER CIVILIAN EMPLOYEES STAYING AT FORT LEE WERE PAID AT THAT RATE. MR. RODGER'S CORRECTED TRAVEL VOUCHER SHOWS THAT HE RETURNED TO HIS RESIDENCE EACH WEEKEND AND THAT NO GOVERNMENT MEALS WERE TAKEN. IN ADDITION TO THE PER DIEM RATE, A QUESTION IS RAISED CONCERNING PAYMENT FOR MILEAGE. THE DIFFERENCE REPRESENTS DISTANCE FROM RESIDENCE TO TEMPORARY DUTY STATION, RATHER THAN DISTANCE BETWEEN PERMANENT DUTY STATION AND TEMPORARY DUTY STATION AS ALLOWED.

ON NOVEMBER 9, 1970, PRIOR TO HIS TRAINING, MR. RODGERS SIGNED THE FOLLOWING STATEMENT:

"I CERTIFY THAT I HAVE READ PARAGRAPH VI. E. 2 OF DGSC REGULATION 5000.1 AND AGREE TO ATTEND A COURSE OF INSTRUCTION AT FORT LEE, UTILIZING GOVERNMENT QUARTERS FOR THOSE NIGHTS I REMAIN OVERNIGHT AT FORT LEE. UNDERSTAND THAT THE RATE OF PER DIEM PAYABLE WILL BE $5.00 PER DAY, PLUS COST OF GOVERNMENT LODGING AND THAT IF I DO NOT UTILIZE GOVERNMENT QUARTERS, I WILL BE REQUIRED TO COMMUTE DAILY BETWEEN MY RESIDENCE AND FORT LEE WITHOUT PER DIEM BEING PAYABLE. I AGREE TO THE RATE OF PER DIEM AS STATED ABOVE AND WILL NOT ENTER A CLAIM FOR ADDITIONAL PER DIEM UPON COMPLETION OF MY TDY. I FURTHER UNDERSTAND IF I COMMUTE ON A DAILY BASIS, MILEAGE WILL BE PAID AT THE RATE OF 10[ PER MILE NOT TO EXCEED THE DISTANCE ACTUALLY TRAVELED WHICH IS IN EXCESS OF THE DISTANCE BETWEEN MY RESIDENCE AND THE DEFENSE SUPPLY CENTER."

THE PERTINENT PART OF DGSC REGULATION 5000.1 UNDER DATE OF MAY 11, 1970, READS:

"E. TEMPORARY DUTY TO ATTEND TRAINING COURSES

"2. FORT LEE CLASSES

"A. (SUPERSEDED) CIVILIAN AND MILITARY STUDENTS ATTENDING COURSES AT U.S. ARMY QM SCHOOL OR ALMC, FORT LEE, VIRGINIA ARE EXPECTED TO COMMUTE ON A DAILY BASIS. REIMBURSEMENT IS AUTHORIZED AT A RATE OF 10[ PER MILE FOR THAT DISTANCE ACTUALLY TRAVELED WHICH IS IN EXCESS OF THE DISTANCE BETWEEN HIS/HER RESIDENCE AND THIS CENTER.

"B. NO PER DIEM IS PAYABLE.

"C. (ADDED) EXCEPTIONS TO THIS POLICY WILL BE ON AN INDIVIDUAL CASE BY CASE BASIS AND REQUIRE THE APPROVAL IN WRITING OF THE DEPUTY COMMANDER PRIOR TO THE START OF THE PERIOD INVOLVED. IF APPROVAL OF AN EXCEPTION TO THE POLICY IS GRANTED, THE 'OTHER RATE OF PER DIEM' BLOCK IN BLOCK 13 OF THE DD FORM 1610 WILL BE CHECKED AND THE FOLLOWING WILL BE ENTERED IN BLOCK 16:

"'IN LIEU OF COMMUTING DAILY, TRAVELER IS AUTHORIZED TO REMAIN AT FORT LEE, AND WILL UTILIZE GOVERNMENT QUARTERS. A PER DIEM RATE OF $5.00 APPLIES AND THE COST OF GOVERNMENT LODGING IS PAYABLE. IF FOR ANY REASON GOVERNMENT QUARTERS ARE NOT USED, THE TRAVELER WILL COMMUTE DAILY BETWEEN FORT LEE AND DGSC.'

"D. (ADDED) EMPLOYEES SELECTED FOR TRAINING AT FORT LEE WILL BE REQUIRED TO SIGN ONE OF THE FOLLOWING CERTIFICATES, AS APPLICABLE, PRIOR TO PROCESSING THE REQUEST FOR TRAVEL. CERTIFICATE WILL BE PREPARED ON INTER- OFFICE MEMORANDUM, BY THE REQUESTING DIRECTORATE, AND WILL ACCOMPANY THE REQUEST FOR TRAVEL. THE SIGNED CERTIFICATE WILL BE WITHDRAWN BY THE AUTHENTICATING OFFICIAL WHEN THE TRAVEL ORDER IS APPROVED."

YOU QUESTION THE CORRECTNESS OF THE PER DIEM RATE SO ESTABLISHED AND THE LIMITATION IN MILEAGE ALLOWED.

WE UNDERSTAND THE TRAINING - PROPERTY OPERATIONS COURSE - WHICH IS OF 4 WEEKS DURATION IS SCHEDULED AT REGULAR RECURRING INTERVALS. SUCH BEING THE CASE, THE AUTHORITY TO PRESCRIBE A REDUCED PER DIEM RATE FOR ATTENDANCE AT THE TRAINING COURSE COMES WITHIN THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS (JTR), VOLUME 2, C8051-2E(2), WHICH REQUIRES SUBMISSION OF RECOMMENDED PER DIEM RATES TO THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE FOR APPROVAL AND INCLUSION IN APPENDIX C, PART III OF THE JTR. DURING THE SUBJECT TRAINING PERIOD THERE WAS NO PRESCRIBED REDUCED RATE INCLUDED IN JTR, APPENDIX C, PART III, PERTAINING TO FORT LEE, VIRGINIA. WE ARE UNAWARE OF ANY PROVISIONS IN THE JTR WHICH WOULD PERMIT THE CONSTRUCTION OF A RATE OF $5, AS PRESCRIBED IN DGSC REGULATION 5000.1, BASED ON THE USE OF GOVERNMENT QUARTERS. ACCORDINGLY, WHERE AS HERE GOVERNMENT QUARTERS ARE USED, THE PROVISIONS OF JTR, VOLUME 2, C8101- 2E, PRESCRIBING A PER DIEM RATE OF $11.80 ARE FOR APPLICATION.

WITH RESPECT TO MILEAGE, JTR, VOLUME 2, C6153, AS CURRENTLY STATED, AND AS IN EFFECT DURING THE TRAVEL HERE INVOLVED, READS AS FOLLOWS:

"WHEN THE USE OF A PRIVATELY OWNED CONVEYANCE IS AUTHORIZED OR APPROVED AS ADVANTAGEOUS TO THE GOVERNMENT FOR TRAVEL BETWEEN THE EMPLOYEE'S PLACE OF ABODE AND HIS TEMPORARY DUTY STATION, INSTEAD OF REPORTING TO HIS PERMANENT DUTY STATION AND THENCE TO THE TEMPORARY DUTY STATION, THE EMPLOYEE IS ENTITLED TO REIMBURSEMENT ON A MILEAGE BASIS FOR THE DISTANCE TRAVELED."

PRIOR TO SEPTEMBER 1, 1970, AN OPTION WAS PROVIDED IN THE REGULATIONS TO LIMIT MILEAGE TO AN AMOUNT REPRESENTING THE DIFFERENCE BETWEEN REPORTING TO THE EMPLOYEE'S PERMANENT DUTY STATION AND THE TEMPORARY DUTY STATION. THIS OPTION DID NOT EXIST DURING THE TIME HERE INVOLVED AND, THEREFORE, THE LIMITATION TO ONLY THE EXCESS DISTANCE BETWEEN RESIDENCE AND PERMANENT DUTY STATION AS PROVIDED IN DGSC REGULATION 5000.1 IS NOT FOR APPLICATION.

THE AGREEMENT SIGNED BY MR. RODGERS IS AT VARIANCE WITH THE GOVERNING REGULATIONS AND THEREFORE MAY NOT BE VIEWED AS LIMITING PAYMENT OF AMOUNTS PROPERLY DUE. THE VOUCHER IS RETURNED HEREWITH FOR PROCESSING IN ACCORDANCE WITH THIS DECISION.