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[Claim for Per Diem]

B-211001 Nov 15, 1983
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Highlights

A Marines Corps disbursing officer requested an advance decision as to whether a member was entitled to per diem expenses for a temporary duty combat-readiness assignment at an Army base. The temporary assignment travel orders authorized per diem except for days designated as field duty. At the temporary duty station, the participants were assigned living and dining quarters for the 2-week period and, based upon a decision by the senior officials in charge of the exercise, their travel orders were endorsed to reflect the performance of duty under field conditions for the entire period. Although there have been two changes to the implementing provisions of the Joint Travel Regulations in recent years, GAO has long held that per diem may not be authorized for service members performing duty under field conditions because they do not incur any additional living expenses. GAO stated that the primary responsibility for such determinations rests with the concerned military commanders and those determinations are to be upheld unless otherwise shown to be incorrect by concrete factual evidence. GAO concluded that the provision of sleeping and subsistence facilities did not preclude a determination of field duty and that the claimant was not entitled to per diem. Accordingly, the claim may not be allowed.

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