B-177431, FEB 23, 1973

B-177431: Feb 23, 1973

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SINCE THE INFORMATION OBTAINED BY THE EMPLOYING AGENCY AS TO LODGING AT THE TEMPORARY STATION WAS NOT SUFFICIENT TO JUSTIFY A REDUCTION OF THE MAXIMUM PER DIEM ALLOWANCE UNDER JTR. TO COMPTROLLER: FORWARDED HEREWITH ARE A LETTER FROM THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS DATED NOVEMBER 9. THE FILE INDICATES THAT EACH EMPLOYEE WAS ASSIGNED TEMPORARY DUTY FOR A PERIOD OF 88 OR 60 DAYS. EACH EMPLOYEE WAS AUTHORIZED PER DIEM AT THE FOLLOWING RATES: FIRST SEVEN (7) DAYS $25 FOLLOWING TWENTY-TWO (22) DAYS $22 REMAINING DAYS $18 THE ABOVE RATES WERE AUTHORIZED UNDER THE PROVISIONS OF PARAGRAPH C8051.3. WHICH STATES THAT A REDUCED PER DIEM WILL BE PRESCRIBED WHEN IT IS KNOWN THAT THE COST OF LIVING AT A PLACE OF TEMPORARY DUTY ASSIGNMENT DOES NOT JUSTIFY THE MAXIMUM PER DIEM ALLOWANCE.

B-177431, FEB 23, 1973

CIVILIAN PERSONNEL - PER DIEM - INSUFFICIENT COST INFORMATION DECISION ALLOWING THE CLAIMS OF SEVERAL EMPLOYEES OF THE NORFOLK NAVAL SHIPYARD FOR ADDITIONAL PER DIEM INCIDENT TO THEIR TEMPORARY DUTY ASSIGNMENT TO THE LONG BEACH NAVAL SHIPYARD, CALIF. SINCE THE INFORMATION OBTAINED BY THE EMPLOYING AGENCY AS TO LODGING AT THE TEMPORARY STATION WAS NOT SUFFICIENT TO JUSTIFY A REDUCTION OF THE MAXIMUM PER DIEM ALLOWANCE UNDER JTR, VOLUME 2, PARAGRAPH C8051.3, THE MAXIMUM RATE SHOULD BE ALLOWED.

TO COMPTROLLER:

FORWARDED HEREWITH ARE A LETTER FROM THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS DATED NOVEMBER 9, 1972, AND THE FILE TRANSMITTED THEREWITH CONTAINING CLAIMS FROM SEVERAL EMPLOYEES OF YOUR INSTALLATION FOR ADDITIONAL PER DIEM INCIDENT TO THEIR TEMPORARY DUTY ASSIGNMENT TO THE LONG BEACH NAVAL SHIPYARD, LONG BEACH, CALIFORNIA, COMMENCING NOVEMBER 17, 1969.

THE FILE INDICATES THAT EACH EMPLOYEE WAS ASSIGNED TEMPORARY DUTY FOR A PERIOD OF 88 OR 60 DAYS. EACH EMPLOYEE WAS AUTHORIZED PER DIEM AT THE FOLLOWING RATES:

FIRST SEVEN (7) DAYS $25

FOLLOWING TWENTY-TWO (22) DAYS $22

REMAINING DAYS $18

THE ABOVE RATES WERE AUTHORIZED UNDER THE PROVISIONS OF PARAGRAPH C8051.3, VOLUME 2, JOINT TRAVEL REGULATIONS, WHICH STATES THAT A REDUCED PER DIEM WILL BE PRESCRIBED WHEN IT IS KNOWN THAT THE COST OF LIVING AT A PLACE OF TEMPORARY DUTY ASSIGNMENT DOES NOT JUSTIFY THE MAXIMUM PER DIEM ALLOWANCE. UPON THEIR RETURN FROM THEIR TEMPORARY DUTY THE EMPLOYEES CLAIMED ADDITIONAL PER DIEM ON THE GROUND THAT, WHILE THEY HAD BEEN ASSURED THAT THEY COULD OBTAIN LODGINGS AT REDUCED RATES, SUCH LODGING WAS NOT AVAILABLE AT LONG BEACH. THE CLAIMS WERE DISALLOWED ADMINISTRATIVELY ON THE BASIS THAT THE REDUCED RATES WERE PROPER UNDER THE REGULATIONS SINCE THE AUTHORIZING INSTALLATION HAD INFORMATION THAT LODGINGS WERE AVAILABLE IN LONG BEACH AT $16 TO $35 PER WEEK.

PURSUANT TO OUR INFORMAL REQUEST FOR A REPORT, AN OFFICIAL OF THE DEPARTMENT OF THE NAVY ADVISED THAT THE ONLY INFORMATION AS TO THE COST OF LODGING IN LONG BEACH WAS OBTAINED FROM ADVERTISEMENTS IN A SINGLE NEWSPAPER INDICATING THE COST OF FURNISHED ROOMS AND APARTMENTS. HE ALSO STATED THAT SINCE A SURVEY OF CURRENT HOTEL AND MOTEL COSTS WAS NOT MADE, YOUR OFFICE NOW AGREES THAT THE INFORMATION OBTAINED WAS NOT SUFFICIENT TO JUSTIFY A REDUCTION IN THE PER DIEM RATES. ACCORDINGLY, THE CLAIMS ENCLOSED HEREWITH SHOULD BE PAID BY YOU IF OTHERWISE PROPER.

THE CLAIMANTS' REPRESENTATIVE HAS BEEN ADVISED OF THIS REFERRAL BY LETTER OF TODAY, COPY ENCLOSED.