B-87049, JUNE 29, 1949, 28 COMP. GEN. 732

B-87049: Jun 29, 1949

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SUBSISTENCE - PER DIEMS - RETROACTIVE INCREASE THE FACT THAT AN ADMINISTRATIVE OFFICE WOULD HAVE AUTHORIZED A HIGHER RATE OF PER DIEM IN LIEU OF SUBSISTENCE IN THE TRAVEL ORDERS OF AN EMPLOYEE IN A TRAVEL STATUS OUTSIDE CONTINENTAL UNITED STATES HAD IT KNOWN THAT SUCH HIGHER RATE WAS PERMISSIBLE UNDER BUREAU OF THE BUDGET CIRCULAR A-7. " IS NOT SUFFICIENT TO WARRANT ANY EXCEPTION TO THE ESTABLISHED RULE THAT A RATE OF PER DIEM FIXED BY TRAVEL ORDERS MAY NOT BE INCREASED RETROACTIVELY. 1949: REFERENCE IS MADE TO YOUR LETTER OF JUNE 13. IT IS STATED IN YOUR SUBMISSION THAT THE HIGHER RATE NOW CLAIMED. - WOULD HAVE BEEN AUTHORIZED HAD YOUR SERVICE KNOWN THAT SUCH HIGHER RATE WAS PERMISSIBLE.

B-87049, JUNE 29, 1949, 28 COMP. GEN. 732

SUBSISTENCE - PER DIEMS - RETROACTIVE INCREASE THE FACT THAT AN ADMINISTRATIVE OFFICE WOULD HAVE AUTHORIZED A HIGHER RATE OF PER DIEM IN LIEU OF SUBSISTENCE IN THE TRAVEL ORDERS OF AN EMPLOYEE IN A TRAVEL STATUS OUTSIDE CONTINENTAL UNITED STATES HAD IT KNOWN THAT SUCH HIGHER RATE WAS PERMISSIBLE UNDER BUREAU OF THE BUDGET CIRCULAR A-7, REVISED, DATED JULY 6, 1948, AS FOR TRAVEL IN " OTHER LOCALITIES," IS NOT SUFFICIENT TO WARRANT ANY EXCEPTION TO THE ESTABLISHED RULE THAT A RATE OF PER DIEM FIXED BY TRAVEL ORDERS MAY NOT BE INCREASED RETROACTIVELY.

COMPTROLLER GENERAL WARREN TO GENEVIEVE A. MULLEN, FEDERAL MEDIATION AND CONCILIATION SERVICE, JUNE 29, 1949:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 13, 1949, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER THEREWITH TRANSMITTED IN FAVOR OF CHARLES A. GOLDSMITH, IN THE AMOUNT OF $84.50, REPRESENTING THE DIFFERENCE BETWEEN PER DIEM IN LIEU OF SUBSISTENCE AT $7 A DAY PREVIOUSLY PAID TO HIM AND PER DIEM AT $8 A DAY COVERING THE PERIOD JULY 1, 1948, TO FEBRUARY 28, 1949, WHILE IN A TRAVEL STATUS IN PUERTO RICO. THE TRAVEL ORDERS ISSUED TO THIS EMPLOYEE SPECIFIED A PER DIEM OF $7 WHILE OUTSIDE CONTINENTAL UNITED STATES. IT IS STATED IN YOUR SUBMISSION THAT THE HIGHER RATE NOW CLAIMED--- BEING THE MAXIMUM RATE SPECIFIED IN APPENDIX I OF BUREAU OF THE BUDGET CIRCULAR NO. A-7, REVISED, DATED JULY 6, 1948, FOR TRAVEL IN " OTHER LOCALITIES"--- WOULD HAVE BEEN AUTHORIZED HAD YOUR SERVICE KNOWN THAT SUCH HIGHER RATE WAS PERMISSIBLE.

IT IS THE ESTABLISHED RULE THAT THE RATE OF PER DIEM FIXED BY TRAVEL ORDERS MAY NOT BE INCREASED RETROACTIVELY. 21 COMP. DEC. 482; 22 ID. 601; 1 COMP. GEN. 120; 7 ID. 276; 23 ID. 713; B-42516, JULY 18, 1944. THE FACT THAT THE ADMINISTRATIVE OFFICE MAY NOT HAVE BEEN AWARE THAT A HIGHER PER DIEM RATE COULD HAVE BEEN AUTHORIZED FOR THE TRAVEL IN QUESTION DOES NOT WARRANT ANY EXCEPTION TO THIS RULE AS IT IS APPARENT THAT THE TRAVEL ORDERS OF JUNE 28, SEPTEMBER 28, 1948, AND JANUARY 1, 1949, CORRECTLY STATE THE RATE OF PER DIEM ACTUALLY INTENDED TO HAVE BEEN STATED AT THE TIME OF THEIR ISSUANCE. ACCORDINGLY, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.