B-30735, APRIL 20, 1943, 22 COMP. GEN. 975

B-30735: Apr 20, 1943

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" MAY NOT BE VIEWED AS AFFECTING THE ESTABLISHED RULE THAT PER DIEM IN LIEU OF SUBSISTENCE IS NOT PAYABLE FOR ABSENCES OF SUCH SHORT DURATION. AS FOLLOWS: ATTACHED HERETO IS A VOUCHER IN FAVOR OF FIRST LIEUTENANT WALTER H. THE OFFICER IS CLAIMING PER DIEM ON THE BASIS OF THE AUTHORITY AUTHORIZED BY THE ACT OF APRIL 28. THE UNDERSIGNED IS IN DOUBT AS TO WHETHER PER DIEM FOR THE TRAVEL IN QUESTION IS AUTHORIZED. YOUR DECISION IN THE MATTER IS RESPECTFULLY REQUESTED. WAS DIRECTED TO PROCEED ON OR ABOUT OCTOBER 11. UPON COMPLETION THEREOF WILL RETURN TO WASHINGTON. THE ORDERS RECITED THAT AUTHORITY WAS GRANTED TO MAKE VARIATIONS IN THE ITINERARY AND TO PROCEED TO POINTS NECESSARY FOR THE PERFORMANCE OF THE MISSION.

B-30735, APRIL 20, 1943, 22 COMP. GEN. 975

PER DIEM IN LIEU OF SUBSISTENCE - ARMY OFFICERS - FRACTIONAL DAYS THE PROVISIONS OF THE ACTS OF APRIL 28, 1942, AND JULY 2, 1942, AUTHORIZING THE SECRETARY OF WAR TO PRESCRIBE PER DIEM IN LIEU OF SUBSISTENCE FOR ARMY OFFICERS TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY "WITHOUT REGARD TO THE LENGTH OF TIME AWAY FROM THEIR DESIGNATED POSTS OF DUTY," MAY NOT BE VIEWED AS AFFECTING THE ESTABLISHED RULE THAT PER DIEM IN LIEU OF SUBSISTENCE IS NOT PAYABLE FOR ABSENCES OF SUCH SHORT DURATION--- SUCH AS BETWEEN THE HOURS OF 8 A.M. AND 6 P.M. OF THE SAME DAY--- AS TO NEGATIVE THE IDEA OF REIMBURSEMENT FOR SUBSISTENCE EXPENSE.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO LT. COL. CARL WITCHER, U.S. ARMY, APRIL 20, 1943:

THERE HAS BEEN RECEIVED, BY REFERENCE FROM HEADQUARTERS, SERVICES OF SUPPLY, FISCAL DIVISION, YOUR LETTER OF OCTOBER 24, 1942, AS FOLLOWS:

ATTACHED HERETO IS A VOUCHER IN FAVOR OF FIRST LIEUTENANT WALTER H. ARNTSON, A.C., IN THE AMOUNT OF $3.92, COVERING TRAVEL FROM WASHINGTON, D.C. TO BALTIMORE, MARYLAND AND RETURN, WHICH HAS BEEN PRESENTED TO THE UNDERSIGNED, A DISBURSING OFFICER, FOR PAYMENT.

THE ATTACHED VOUCHER SHOWS THAT THE OFFICER DEPARTED FROM WASHINGTON, D.C. AT 9:00 A.M. AND RETURNED TO WASHINGTON, D.C. AT 6:00 P.M. THE SAME DAY. THE OFFICER IS CLAIMING PER DIEM ON THE BASIS OF THE AUTHORITY AUTHORIZED BY THE ACT OF APRIL 28, 1942, PUBLIC LAW 528, 77TH CONGRESS.

IN VIEW OF THE DECISION OF THE COMPTROLLER GENERAL (5TH COMP. GEN. 449) PARAGRAPH 12A (3) AR 35-1340, THE UNDERSIGNED IS IN DOUBT AS TO WHETHER PER DIEM FOR THE TRAVEL IN QUESTION IS AUTHORIZED, AND YOUR DECISION IN THE MATTER IS RESPECTFULLY REQUESTED.

BY PARAGRAPH 23 OF SPECIAL ORDERS NO. 211, DATED HEADQUARTERS, AIR TRANSPORT COMMAND, WASHINGTON, D.C., OCTOBER 10, 1942, FIRST LIEUTENANT WALTER H. ARNTSON, AC, WAS DIRECTED TO PROCEED ON OR ABOUT OCTOBER 11, 1942, BY RAIL, FROM WASHINGTON, D.C., TO BALTIMORE, MARYLAND,"ON TEMPORARY DUTY FOR APPROXIMATELY TWO (2) DAYS FOR THE PURPOSE OF DRAWING AND SIGNING FOR GENERAL GEORGE'S CAR, AND UPON COMPLETION THEREOF WILL RETURN TO WASHINGTON, D.C.' THE ORDERS RECITED THAT AUTHORITY WAS GRANTED TO MAKE VARIATIONS IN THE ITINERARY AND TO PROCEED TO POINTS NECESSARY FOR THE PERFORMANCE OF THE MISSION. IN LIEU OF SUBSISTENCE, A FLAT PER DIEM OF $6 WAS AUTHORIZED FOR THE TRAVEL DIRECTED AND WHILE ON SUCH TEMPORARY DUTY UNDER PUBLIC LAW 528, APPROVED APRIL 28, 1942, 56 STAT. 226.

IT APPEARS THAT THE OFFICER LEFT WASHINGTON, D.C., BY RAIL OCTOBER 11, 1942, AT 9 A.M., ARRIVING AT BALTIMORE, MARYLAND, AT 10:30 A.M.; LEFT BALTIMORE AT 4 P.M. BY GOVERNMENT AUTOMOBILE AND ARRIVED AT WASHINGTON, D.C., AT 6 P.M. THE SAME DAY. THE VOUCHER, STATED FOR $3.92 REPRESENTS PER DIEM AT $6 FOR ONE-HALF DAY AND $0.92 AS THE COST OF RAILROAD FARE FROM WASHINGTON, D.C., TO BALTIMORE, MARYLAND.

IN A FIRST INDORSEMENT DATED NOVEMBER 12, 1942, FROM THE OFFICE OF THE CHIEF OF FINANCE TO THE DIRECTOR, FISCAL DIVISION, SERVICES OF SUPPLY, IT IS STATED:

1. THE REQUEST OF THE FINANCE OFFICER, U.S. ARMY, WASHINGTON, FOR AN ADVANCE DECISION BY THE COMPTROLLER GENERAL IS FOR THE PURPOSE OF OBTAINING A DECISION ON THE QUESTION WHETHER PER DIEM SHOULD BE PAID TO THE OFFICER IN QUESTION FOR TRAVEL BETWEEN THE HOURS OF 8:00 A.M. AND 6:00 P.M. OF THE SAME DAY BY REASON OF THE ENACTMENT OF THE PROVISION OF LAW IN THE SIXTH SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT OF 1942, APPROVED APRIL 28, 1942, AND REPEATED IN THE MILITARY APPROPRIATION ACT, FISCAL YEAR 1943, APPROVED JULY 2, 1942, AUTHORIZING THE SECRETARY OF WAR TO PRESCRIBE PER DIEM FOR TRAVEL ON OFFICIAL BUSINESS AND AWAY FROM DESIGNATED POSTS OF DUTY OF OFFICERS AND WARRANT OFFICERS WITHOUT REGARD TO THE LENGTH OF TIME AWAY FROM SUCH DESIGNATED POSTS OF DUTY UNDER ORDERS.

2. THE QUESTION RAISED BY THE FINANCE OFFICER, U.S. ARMY, WASHINGTON, HAS ALSO BEEN RAISED BY SEVERAL OTHER DISBURSING OFFICERS, WHICH CASES ARE BEING HELD IN THIS OFFICE PENDING A DETERMINATION BY HIGHER AUTHORITY AS TO THE PROPER COURSE TO PURSUE.

3. SINCE THE QUESTION FOR DECISION IN THESE CASES INVOLVES AN APPLICATION OF THE DETERMINATION OF THE SECRETARY OF WAR UNDER THE AUTHORITY OF THE ABOVE CITED ACT, AND SINCE THE QUESTION OF DECISION IN THESE CASES INVOLVES THE APPLICATION OF THE DETERMINATION OF THE SECRETARY OF WAR UNDER THE AUTHORITY OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 AS TO WHAT CONSTITUTES A TRAVEL STATUS, WHICH DETERMINATION IS NOW PROMULGATED IN PARAGRAPH 3 OF AR 35-4820, IT IS THE VIEW OF THIS OFFICE THAT THE QUESTION SHOULD NOT BE REFERRED TO THE COMPTROLLER GENERAL FOR DECISION SINCE AMPLE AUTHORITY EXISTS IN THE SECRETARY OF WAR TO MAKE A DETERMINATION WITH REFERENCE TO THE PROPER STATUS IN THIS TYPE OF CASE, AND BECAUSE THE DETERMINATION AS TO WHAT CONSTITUTES A TRAVEL STATUS NOW CONTAINED IN PARAGRAPH 3 OF AR 35-4820, IS BROAD ENOUGH TO WARRANT PAYMENT IN THIS AND OTHER SIMILAR CASES "WITHOUT REGARD TO THE LENGTH OF TIME" DURING WHICH AN OFFICER OR WARRANT OFFICER MAY BE AWAY FROM HIS DESIGNATED POST OF DUTY, EVEN THOUGH SUCH ABSENCE IS FOR THE PERIOD OF TIME BETWEEN 8:00 A.M. AND 6:00 P.M.

4. AT THE PRESENT TIME PARAGRAPH 12A (3) OF AR 35-1340, CONTAINS A PROHIBITION AGAINST THE PAYMENT OF PER DIEM FOR SUCH TRAVEL, AND THIS REGULATION GENERALLY IS STILL IN EFFECT. HOWEVER, THIS REGULATION IS BASED ON DECISIONS OF THE COMPTROLLER GENERAL RENDERED PRIOR TO THE ENACTMENT OF THE PROVISION OF LAW REFERRED TO ABOVE, AND IT IS THE VIEW OF THIS OFFICE THAT THE PRESENT DEFINITION OF "TRAVEL STATUS" AS CONTAINED IN AR 35-4820, SUPRA, SHOULD BE CONSTRUED AS HAVING MODIFIED PRO TANTO AR 35- 1340, SUPRA, PROHIBITING THE PAYMENT OF PER DIEM TO MILITARY PERSONNEL BETWEEN THE HOURS OF 8:00 A.M. AND 6:00 P.M.

5. IF THE VIEWS EXPRESSED HEREIN ARE APPROVED, IT IS RECOMMENDED THAT THE ATTACHED FILE BE RETURNED TO THIS OFFICE IN ORDER THAT ACTION MAY BE TAKEN TO ADVISE THE FINANCE OFFICER, U.S. ARMY, WASHINGTON, AND OTHER DISBURSING OFFICERS RAISING THE SAME QUESTION ACCORDINGLY, AS WELL AS RESTRICT THE PROVISIONS OF PARAGRAPH 12A (3), AR 35-1340, TO CIVILIAN EMPLOYEES.

6. IN THIS CONNECTION, THERE IS FOR CONSIDERATION WHETHER IT MIGHT NOT BE DESIRABLE, BY ADMINISTRATIVE ACTION, TO DENY THE PAYMENT OF EITHER PER DIEM OR MILEAGE AT 8 CENTS PER MILE FOR ROUND TRIPS BETWEEN THE HOURS OF 8:00 A.M. AND 6:00 P.M., OR AT LEAST TO RESTRICT, BY REGULATION, THE AMOUNT OF PER DIEM TO BE PAID FOR SUCH TRAVEL SO AS TO MORE NEARLY MEET THE SMALL EXPENSE FOR SUBSISTENCE WHICH IN THE USUAL CASE IS INCURRED BY MILITARY PERSONNEL IN CONNECTION WITH SHORT TRIPS BETWEEN SUCH HOURS.

THE USUAL AND NORMAL FORM OF REIMBURSEMENT FOR TRAVEL EXPENSES INCURRED BY OFFICERS TRAVELING ON OFFICIAL BUSINESS IS A MILEAGE ALLOWANCE OF $0.08 PER MILE WITH PROPER DEDUCTIONS AS PRESCRIBED BY SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 (ACT OF JUNE 16, 1942, 56 STAT. 364).

NO AUTHORITY EXISTED UNDER THE PROVISIONS OF SECTION 12 OF THE PAY READJUSTMENT ACTS OF 1922 OR 1942, FOR THE PAYMENT OF A PER DIEM IN LIEU OF SUBSISTENCE TO OFFICERS PERFORMING UNREPEATED TRAVEL (OTHER THAN BY AIR) BETWEEN TWO POINTS WITHIN THE UNITED STATES. HOWEVER, THE ACT OF APRIL 28, 1942, 56 STAT. 226-227, CONTAINS A PROVISO AUTHORIZING SUCH PER DIEM, WHICH AUTHORIZATION IS REPEATED SUBSTANTIALLY IN THE ACT OF JULY 2, 1942, 56 STAT. 614-615 AS FOLLOWS:

* * * THAT THE SECRETARY OF WAR, IN PRESCRIBING PER DIEM RATES OF ALLOWANCE, NOT EXCEEDING $6, IN LIEU OF SUBSISTENCE, FOR OFFICERS AND WARRANT OFFICERS OF THE ARMY OF THE UNITED STATES TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY, PURSUANT TO THE FIRST AND SECOND PARAGRAPHS OF SECTION 12 OF THE ACT APPROVED JUNE 16, 1942 ( PUBLIC LAW 607), IS HEREBY AUTHORIZED TO PRESCRIBE SUCH PER DIEM RATES OF ALLOWANCE, WHETHER OR NOT ORDERS ARE GIVEN TO SUCH OFFICERS FOR TRAVEL TO BE PERFORMED REPEATEDLY BETWEEN TWO OR MORE PLACES IN THE SAME VICINITY, AND WITHOUT REGARD TO THE LENGTH OF TIME AWAY FROM THEIR DESIGNATED POSTS OF DUTY UNDER SUCH ORDERS. PURSUANT TO THE AUTHORITY CONTAINED IN THE ACT OF APRIL 28, 1942, SUPRA, THE SECRETARY OF WAR ON MAY 19, 1942, ISSUED WAR DEPARTMENT CIRCULAR NO. 150, WHICH WAS PROMULGATED IN PERTINENT PART ON SEPTEMBER 19, 1942, AS PARAGRAPH 9B OF ARMY REGULATIONS 35-4820, READING AS FOLLOWS:

TEMPORARY PER DIEM ALLOWANCE.--- UNDER THE PROVISIONS OF THE ACT OF APRIL 28, 1942 (PAR. B), PER DIEM WILL BE AUTHORIZED ONLY IN CONNECTION WITH TRAVEL WHERE BY REASON OF THE LENGTH OF TEMPORARY DUTY IT IS CONSIDERED THAT EXPENSES INCURRED MAY OR WILL EXCEED THE REIMBURSEMENT ON A MILEAGE BASIS AND THUS CAUSE THE TRAVELER TO SUFFER A LOSS. IN ALL OTHER CASES MILEAGE IS TO BE CONSIDERED AS THE NORMAL FORM OF REIMBURSEMENT FOR THE ORDINARY TRAVEL IN A MILEAGE STATUS. THE ADMINISTRATIVE AUTHORITY ISSUING A TRAVEL ORDER IN ANY CASE IS CHARGEABLE WITH THE DUTY AND RESPONSIBILITY OF DETERMINING WHETHER PER DIEM IS NECESSARY TO AVOID A LOSS TO THE TRAVELER. WHERE IT IS SO DETERMINED BY SUCH ADMINISTRATIVE AUTHORITY, THE ORDERS TO BE ISSUED WILL PRESCRIBE PER DIEM NOT IN EXCESS OF THE MAXIMUM RATE OF $6 TO BE ALLOWED AND, WHEN MAKING SUCH DETERMINATION AS TO THE RATE OF PER DIEM, CARE WILL BE EXERCISED TO PREVENT THE FIXING OF SUCH RATE AS WILL RESULT IN A REIMBURSEMENT TO THE TRAVELER OF AN AMOUNT IN EXCESS OF THAT REQUIRED TO MEET THE ADDITIONAL SUBSISTENCE EXPENSES INVOLVED. THE PRESCRIBING OF A PER DIEM ALLOWANCE IN A TRAVEL ORDER INVOLVING THE PAYMENT OF MILEAGE AND VICE VERSA, IS PROHIBITED, EXCEPT WHERE A PORTION OF THE JOURNEY IS TO BE PERFORMED BY AIR OR EXTENDS BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES.

THE QUESTION AS TO AN OFFICER'S OR EMPLOYEE'S RIGHT TO A PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE UNDER SECTION 12 OF THE PAY READJUSTMENT ACT OF 1922, AS AMENDED, AND SIMILAR ACTS, ON ACCOUNT OF SHORT TRIPS REQUIRING LESS THAN TEN HOURS' ABSENCE THEREFROM, HAS BEEN BEFORE THIS OFFICE ON NUMEROUS OCCASIONS, AND THE RULINGS UNIFORMLY HAVE BEEN TO THE EFFECT THAT SUCH TRIPS, MADE UNDER CONDITIONS WHICH PRECLUDE THE PRESUMPTION OF NECESSITY FOR INCURRING SUBSISTENCE EXPENSES, DO NOT PLACE THE OFFICER OR EMPLOYEE IN A STATUS WHICH ENTITLES HIM TO EITHER ACTUAL SUBSISTENCE EXPENSES OR A COMMUTATION THEREOF IN THE FORM OF PER DIEM, FOR THE REASON THAT THE REIMBURSABLE BASIS UPON WHICH SUCH ALLOWANCES ARE PREDICATED DOES NOT EXIST. SEE 3 COMP. GEN. 598, 739, 966; 4 ID. 274, 331, 467; 5 ID. 100, 702; 6 ID. 639. THIS RULE HAS BEEN RECOGNIZED IN ARMY REGULATIONS AT LEAST SINCE 1929 (SEE CHANGE NO. 2 OF NOVEMBER 29, 1929, TO PARAGRAPH 14A (3) AND (4) OF AR 35-1340), AND IS PRESENTLY EMBODIED IN PARAGRAPH 12A (3) OF AR 35-1340, PROMULGATED SEPTEMBER 22, 1933, AS FOLLOWS:

(3) FOR ABSENCES FROM STATION (ROUND TRIPS) WHOLLY BETWEEN THE HOURS OF 8 A.M. AND 6 P.M. OF THE SAME DAY, OR WHOLLY BETWEEN THE HOURS OF 7 P.M. AND MIDNIGHT OF THE SAME DAY, NEITHER REIMBURSEMENT OF ACTUAL EXPENSES FOR SUBSISTENCE NOR PAYMENT OF PER DIEM ALLOWANCES IN LIEU THEREOF IS AUTHORIZED. (SEE 6 COMP. GEN. 639; 12 COMP. GEN. 96, 426; AND MS COMP. GEN. A-43833, AUGUST 19, 1932.) IF ALLOWANCES ARE CLAIMED BECAUSE OF DEPARTURE BEFORE OR ARRIVAL AFTER THE HOURS PRESCRIBED IN THIS PARAGRAPH, EVIDENCE OF THE NECESSITY FOR SUCH TIME OF DEPARTURE OR ARRIVAL WILL BE REQUIRED. SEE 5 COMP. GEN. 449.

IT IS CONTENDED BY THE CHIEF OF FINANCE IN THE FIRST ENDORSEMENT TRANSMITTED HERE WITH YOUR LETTER THAT THE RULE AS EXPRESSED IN PARAGRAPH 12 A (3) OF AR 35-1340, SUPRA, MAY HAVE BEEN AFFECTED BY REASON OF A SUBSEQUENT DEFINITION OF TRAVEL STATUS, MADE BY THE SECRETARY OF WAR. SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 359, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

THE HEAD OF THE DEPARTMENT CONCERNED MAY DETERMINE WHAT SHALL CONSTITUTE A TRAVEL STATUS AND TRAVEL WITHOUT TROOPS WITHIN THE MEANING OF THE LAWS GOVERNING THE PAYMENT OF MILEAGE OR OTHER TRAVEL EXPENSES.

PARAGRAPH 3 OF AR 35-4820, DATED SEPTEMBER 19, 1942, PROVIDES:

3. TRAVEL STATUS DEFINED AND DETERMINED.--- A TRAVEL STATUS, WHETHER BY LAND, SEA, OR AIR, WILL INCLUDE ALL TRAVEL WITHOUT TROOPS AS DEFINED IN PARAGRAPH 4B, TOGETHER WITH NECESSARY DELAYS EN ROUTE WHICH ARE INCIDENT TO THE MODE OF TRAVEL, AS WELL AS NECESSARY TEMPORARY DUTY AWAY FROM PERMANENT STATION, WITHOUT REGARD TO WHETHER SOME DUTY EN ROUTE MAY BE INVOLVED * * *.

IN THE ABSENCE OF AN EXPRESS OR IMPLIED PROVISION IN THE RECENT ACTS HEREINBEFORE REFERRED TO EVINCING AN INTENT OR PURPOSE TO CHANGE THE BASIS FOR THE PAYMENT OF A PER DIEM WHEN THE ABSENCE IS OF SUCH SHORT DURATION AS TO NEGATIVE THE IDEA OF REIMBURSEMENT AND IN VIEW OF THE LONG ESTABLISHED RULE DENYING COMMUTATION OF SUBSISTENCE EXPENSES UNDER SUCH CONDITIONS, IT MUST BE HELD THAT THE GENERAL DEFINITION OF TRAVEL STATUS QUOTED ABOVE WAS NOT INTENDED TO AND DOES NOT AFFECT THE SPECIFIC APPLICATION OF SUCH RULE.

AS TO THE EFFECT OF THE PROMULGATION OF REGULATIONS HAVING FOR THEIR PURPOSE THE GRANTING OF A PER DIEM FOR ABSENCES BETWEEN 8 A.M. AND 6 P.M. OF THE SAME DAY, ATTENTION MAY BE INVITED TO THE DECISIONS OF A FORMER COMPTROLLER GENERAL DATED SEPTEMBER 6 AND SEPTEMBER 30, 1924, 4 COMP. GEN. 274 AND 331, WHERE IT WAS HELD, IN EFFECT, THAT TO THE EXTENT THAT REGULATIONS PURPORTING TO AUTHORIZE A PER DIEM IN ANY AMOUNT FOR AN ABSENCE OF ONLY A FRACTIONAL PART OF A DAY--- SUCH ABSENCE NOT BEING A PART OF A CONTINUOUS ABSENCE OF ONE DAY OR MORE--- UNDER CONDITIONS WHERE MANIFESTLY NO EXPENSES FOR SUBSISTENCE WOULD BE INCURRED, THEY WOULD BE WITHOUT EFFECT TO SUPPORT SUCH PAYMENT IN THE ACCOUNTS OF THE DISBURSING OFFICER CONCERNED. WITH REFERENCE TO THE CONTENTION THAT THE LANGUAGE CONTAINED IN THE LAST PART OF THE PROVISION APPEARING IN THE ACTS OF APRIL 28 AND JULY 2, 1942, SUPRA, NAMELY,"WITHOUT REGARD TO THE LENGTH OF TIME AWAY FROM THEIR DESIGNATED POSTS OF DUTY UNDER SUCH ORDERS," PERMITS THE ISSUANCE OF REGULATIONS CONTRARY TO THE RULE HEREINBEFORE REFERRED TO, IT APPEARS SUFFICIENT MERELY TO STATE THAT THE EVIDENT PURPOSE OF THE PHRASE IN QUESTION WAS TO PERMIT REMOVAL OF THE CEILING UPON THE DURATION OF THE TEMPORARY DUTY IN ORDER THAT THE OFFICER MIGHT ADEQUATELY BE REIMBURSED WHERE THE DISTANCE BETWEEN THE POINTS OF TRAVEL IS SUCH THAT REIMBURSEMENT ON A MILEAGE BASIS WOULD NOT ADEQUATELY COMPENSATE THE TRAVELER. THIS VIEW IS SUPPORTED BY THE CONTEXT OF AR 35-4820, ISSUED IN PURSUANCE OF THOSE ACTS.

IN EFFECT, WHEN OFFICERS OF THE ARMY ARE TRAVELING UNDER ORDERS AUTHORIZING A PER DIEM IN LIEU OF SUBSISTENCE, THEIR STATUS, INSOFAR AS THE BASIS FOR THE PAYMENT OF SUCH PER DIEM IS CONCERNED, IS NOT MATERIALLY DIFFERENT FROM THAT OF CIVILIAN EMPLOYEES OF THE GOVERNMENT WHO, UNDER THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS ARE PRECLUDED FROM RECEIVING PER DIEM UNDER SIMILAR CIRCUMSTANCES; AND, IN THE ABSENCE OF A CLEAR PROVISION THEREFOR, THIS OFFICE PERCEIVES OF NO VALID REASON WHY THE ARMY OFFICERS' TRAVEL EXPENSE ACCOUNTS SHOULD BE COMPUTED ON A DIFFERENT BASIS WHEN THE ABSENCE FROM THEIR DESIGNATED POSTS OF DUTY IS OF LIKE DURATION.

ACCORDINGLY, SINCE THE TRAVEL IN THE INSTANT CASE WAS PERFORMED BETWEEN 8 A.M. AND 6 P.M. OF THE SAME DAY, PAYMENT ON THE VOUCHER OF AN ALLOWANCE FOR PER DIEM IS NOT AUTHORIZED.