Claim for Temporary Duty Per Diem

An advance decision was requested concerning the payment of per diem for temporary duty assignments. An Army officer was ordered to perform repeated temporary duty at various locations. His travel orders authorized a mileage allowance for the use of his privately owned vehicle, when government transportation was not available, and payment of per diem in accordance with the applicable regulations. The orders also directed the officer to commute daily if the temporary duty was within a 30-mile radius of his home station. The officer performed temporary duty at several places, including military installations within a 30-mile radius of his home station. He was paid the mileage allowance and per diem for parts of the travel time. However, per diem was denied for two trips taken within the 30-mile radius of the home station. The Army finance officer considered that, during these trips, the officer was commuting between his residence and temporary duty station for which the applicable regulation precludes payment of per diem. The Army Finance Center advised that, because the officer traveled from his residence to his permanent station each day and then on to the temporary duty stations, he should not be considered commuting. However, travel via the permanent station did not change the travel from being commuting. Therefore, payment could not be made.