B-174671, FEB 24, 1972

B-174671: Feb 24, 1972

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WHENEVER A MORE ACCURATE BASIS FOR DETERMINING ACTUAL TRAVEL EXPENSES IS AVAILABLE. THE PRIOR DENIAL MUST BE SUSTAINED SINCE THE SUBJECT RATE WAS PROPERLY BASED ON A PRIOR SURVEY OF LIVING EXPENSES IN THE KEYPORT. THE FACT THAT EMPLOYEES OF OTHER NAVY COMPONENTS WERE ALLOWED THE HIGHER RATE DOES NOT AFFECT CLAIMANT'S ENTITLEMENT. LANGFIELD: THIS WILL REFER TO YOUR LETTER OF SEPTEMBER 7. IT IS YOUR CONTENTION THAT THE RATE WAS INEQUITABLE BECAUSE EMPLOYEES FROM OTHER COMPONENTS OF THE DEPARTMENT OF THE NAVY WERE AUTHORIZED A PER DIEM RATE OF $25 FOR COMPARABLE TEMPORARY DUTY AT THE SAME LOCATION AND AT THE SAME TIME. PRESCRIBED A PER DIEM RATE OF $25 FOR ALL TRAVEL AND TEMPORARY DUTY WITHIN THE CONTINENTAL UNITED STATES EXCEPT "WHEN A REDUCED PER DIEM RATE IS PRESCRIBED UNDER THE PROVISIONS OF PAR.

B-174671, FEB 24, 1972

CIVILIAN EMPLOYEE - REDUCED PER DIEM - ENTITLEMENT DECISION SUSTAINING PRIOR DENIAL OF A CLAIM OF WILBERT G. LANGFIELD FOR ADDITIONAL PER DIEM INCIDENT TO TEMPORARY DUTY TRAVEL AS AN EMPLOYEE OF THE NAVY. THE GENERAL PER DIEM RATE OF $25 PRESCRIBED BY PARAGRAPH C8101-2A, VOLUME 2, JTR, MAY BE REDUCED PURSUANT TO PARAGRAPH C8051, JTR, WHENEVER A MORE ACCURATE BASIS FOR DETERMINING ACTUAL TRAVEL EXPENSES IS AVAILABLE. THE INSTANT CASE, THE PRIOR DENIAL MUST BE SUSTAINED SINCE THE SUBJECT RATE WAS PROPERLY BASED ON A PRIOR SURVEY OF LIVING EXPENSES IN THE KEYPORT, WASH., AREA. THE FACT THAT EMPLOYEES OF OTHER NAVY COMPONENTS WERE ALLOWED THE HIGHER RATE DOES NOT AFFECT CLAIMANT'S ENTITLEMENT.

TO MR. WILBERT G. LANGFIELD:

THIS WILL REFER TO YOUR LETTER OF SEPTEMBER 7, 1971, REQUESTING RECONSIDERATION OF OUR CLAIMS DIVISION SETTLEMENT OF AUGUST 10, 1971, DISALLOWING YOUR CLAIM FOR ADDITIONAL PER DIEM FOR TEMPORARY DUTY TRAVEL DURING THE PERIOD JULY 26, 1970, THROUGH AUGUST 8, 1970.

YOUR TRAVEL ORDER FOR THE TEMPORARY DUTY AT KEYPORT, WASHINGTON, DATED JULY 21, 1970, AUTHORIZED PER DIEM AT $18 PER DAY. IT IS YOUR CONTENTION THAT THE RATE WAS INEQUITABLE BECAUSE EMPLOYEES FROM OTHER COMPONENTS OF THE DEPARTMENT OF THE NAVY WERE AUTHORIZED A PER DIEM RATE OF $25 FOR COMPARABLE TEMPORARY DUTY AT THE SAME LOCATION AND AT THE SAME TIME.

DURING THE PERIOD OF TEMPORARY DUTY, PARAGRAPH C8101-2A, VOLUME 2, JOINT TRAVEL REGULATIONS, PRESCRIBED A PER DIEM RATE OF $25 FOR ALL TRAVEL AND TEMPORARY DUTY WITHIN THE CONTINENTAL UNITED STATES EXCEPT "WHEN A REDUCED PER DIEM RATE IS PRESCRIBED UNDER THE PROVISIONS OF PAR. C8051" OF THE JOINT TRAVEL REGULATIONS.

PARAGRAPH C8051 PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"PRINCIPLES FOR DETERMINING PER DIEM RATES

"1. GENERAL. *** IT IS *** THE RESPONSIBILITY OF EACH TRAVEL APPROVING AND AUTHORIZING OFFICIAL TO AUTHORIZE PER DIEM ALLOWANCES AS ARE JUSTIFIED BY THE CIRCUMSTANCES AFFECTING THE TRAVEL. CARE SHOULD BE EXERCISED TO PREVENT FIXING PER DIEM RATES IN EXCESS OF THOSE REQUIRED TO MEET THE NECESSARY AUTHORIZED EXPENSES *** . DETERMINATION OF AN APPROPRIATELY REDUCED PER DIEM RATE SHOULD BE BASED ON GUIDELINES FURNISHED IN SUBPAR. 2.

"2. GUIDANCE IN FIXING PER DIEM RATES

"B. CONSIDERATION OF EXPENSES. CONSIDERATION WILL BE GIVEN TO FIXING A PER DIEM RATE COMMENSURATE WITH THE EXPENSES TO BE INCURRED, WHEN THE COSTS OF LODGING AND MEALS AT THE PLACE WHERE TEMPORARY DUTY IS TO BE PERFORMED ARE FACTUALLY KNOWN OR CAN REASONABLY BE ESTIMATED IN ADVANCE. *** WHENEVER PRACTICABLE, AN EFFORT SHOULD BE MADE TO ASCERTAIN WHAT WOULD BE A REASONABLE AMOUNT TO ALLOW FOR THE COST OF QUARTERS. *** "

AS STATED IN THE CLAIMS SETTLEMENT LETTER, THE NAVAL UNDERWATER SYSTEMS CENTER HAS REPORTED THAT THE $18 RATE FOR KEYPORT, WASHINGTON, WAS ESTABLISHED ON THE BASIS OF A SURVEY OF LIVING EXPENSES IN THE KEYPORT AREA CONDUCTED PRIOR TO THE ISSUANCE OF YOUR TRAVEL ORDER. IN VIEW THEREOF, AND SINCE SUCH ACTION APPEARS TO BE IN CONFORMANCE WITH PARAGRAPH C8051 OF THE JOINT TRAVEL REGULATIONS, WE FIND NO BASIS UPON WHICH TO ALLOW YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF THE CLAIMS DIVISION IS SUSTAINED.

THE FACT THAT OTHER EMPLOYEES OF THE NAVY DEPARTMENT WERE ALLOWED PER DIEM IN LIEU OF SUBSISTENCE AT THE RATE OF $25 FOR TEMPORARY DUTY AT KEYPORT, WASHINGTON, WOULD NOT AFFECT YOUR ENTITLEMENT. WE ARE NOT AWARE AS TO WHY THE RESULT OF THE LIVING COSTS SURVEY WAS NOT AVAILABLE TO OTHER INSTALLATIONS.