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Claim for Additional Per Diem

B-199467 Mar 17, 1981
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Highlights

An employee of the Internal Revenue Service (IRS) appealed the disallowance of his claim for additional per diem expenses incurred incident to his permanent change of station. The disallowance was based upon the determination by the agency that the claimant's travel could have been accomplished in 8 to 10 hours and that, under Federal Travel Regulations, a prudent person traveling on personal business would not have interrupted his travel to obtain lodging for the night. The record showed that the claimant decided to stop overnight because (1) visibility was difficult due to ground fog covering the highway; (2) he and his family were fatigued; and (3) he was concerned for the safety of his family under the potentially difficult driving conditions. After spending the night, the claimant and his family continued their trip the following morning and arrived at the new duty station that same day. GAO held that it was unable to perceive how the claimant could have scheduled his move at an earlier time. Since the record also showed that the claimant commenced travel within a reasonable time after the moving company had completed loading his household goods, GAO believed that the claimant exercised good judgment and prudence in scheduling his move. With respect to the stopover, GAO held that the claimant acted as a prudent person would have acted under the circumstances, and the period of delay was justifiable since it was not for the personal benefit of the employee. Accordingly, the claimant may be paid per diem for the entire period of travel.

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