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Kenneth L. Peck & Mark N. Snow--Mileage Allowance and Per Diem

B-198887 Sep 21, 1981
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Highlights

An advance decision was requested concerning the entitlement of two Air Force employees to mileage and per diem expenses while performing firefighting duties at a worksite located 23 miles from their administratively designated permanent duty station. According to the record, no travel orders were issued to these employees because agency management did not intend to place them on temporary duty. However, the length of time that an employee performs duties at a worksite other than his administratively designated permanent duty station is one factor in determining the location of his official duty station. GAO did not believe that there was any specific time period that makes an assignment either temporary or permanent. Rather, a case by case determination should be made based on the orders directing the assignment, duration of the assignment, and the nature of the duties to be performed. It appeared that one employee performed virtually all his duties at the other station for more than 2 years and was in fact permanently assigned there. Thus, this was his official duty station. Therefore, the first employee was not entitled to any reimbursement for mileage or per diem. However, the second employee performed duties for only 2 months at the temporary station; before and after his assignment, he performed all duties at the Air Force base. It is within the agency's discretion to authorize reimbursement for mileage where the employee was on temporary duty assignment near his permanent duty station. Accordingly, the second employee may be reimbursed mileage expenses. In addition to this claim for mileage, the second employee claimed per diem for subsistence expenses incurred at the temporary duty station. Under Joint Travel Regulations, per diem allowance will not be authorized when an employee does not incur additional subsistence expenses because of a temporary assignment in the vicinity of the permanent duty station. Firefighters working at the temporary station generally brought their own food for meals during their shifts. If the same system was followed by the firefighters stationed at the Air Force base, it would appear that this employee did not incur additional expenses for food because of his assignment. Therefore, the second employee was not entitled to a per diem allowance.

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