B-153405, JUN. 17, 1964
Highlights
IN WHICH IT WAS DETERMINED THAT YOU ARE INDEBTED TO THE UNITED STATES IN THE SUM OF $121.25. WE HAVE NOT OVERLOOKED THE INFORMATION CONTAINED IN A LETTER OF APRIL 24. WE REQUESTED AND HAVE RECEIVED AN ADDITIONAL ADMINISTRATIVE REPORT IN THE MATTER FROM THE REGIONAL OFFICE. IN OUR OPINION SUCH INFORMATION MERELY CONFIRMS THE FACT THAT AT THE TIME YOUR TRAVEL ORDERS WERE WRITTEN IT WAS THE INTENTION TO PRESCRIBE AN $8 RATE ONLY. SUCH $8 RATE APPARENTLY WAS PRESCRIBED ONLY AFTER IT HAD BEEN PROPOSED TO AND CLEARED BY THE REGIONAL OFFICE.
B-153405, JUN. 17, 1964
TO MR. ANSEN L. PHILLIPS:
YOUR LETTER OF MAY 10, 1964, REQUESTS REVIEW OF OUR SETTLEMENT OF MARCH 19, 1964, IN WHICH IT WAS DETERMINED THAT YOU ARE INDEBTED TO THE UNITED STATES IN THE SUM OF $121.25, REPRESENTING AN UNAUTHORIZED RETROACTIVE INCREASE IN PER DIEM.
IN CONNECTION WITH THE QUESTION OF YOUR LIABILITY, WE HAVE NOT OVERLOOKED THE INFORMATION CONTAINED IN A LETTER OF APRIL 24, 1964, FROM THE ASSISTANT TO THE REGIONAL DIRECTOR, REGION 7, BUREAU OF RECLAMATION, RELATIVE TO YOUR CASE AND OTHER SIMILAR CASES. MOREOVER, IN ORDER TO INSURE OUR HAVING AN ACCURATE AND COMPLETE UNDERSTANDING OF ALL PERTINENT FACTS PERTAINING TO THE CLASS OF CASES IN QUESTION, WE REQUESTED AND HAVE RECEIVED AN ADDITIONAL ADMINISTRATIVE REPORT IN THE MATTER FROM THE REGIONAL OFFICE, REGION 7.
THE ADDITIONAL INFORMATION RECEIVED HAS BEEN GIVEN FULL CONSIDERATION. HOWEVER, IN OUR OPINION SUCH INFORMATION MERELY CONFIRMS THE FACT THAT AT THE TIME YOUR TRAVEL ORDERS WERE WRITTEN IT WAS THE INTENTION TO PRESCRIBE AN $8 RATE ONLY. MOREOVER, SUCH $8 RATE APPARENTLY WAS PRESCRIBED ONLY AFTER IT HAD BEEN PROPOSED TO AND CLEARED BY THE REGIONAL OFFICE, REGION 7. THE FACT THAT THE AUTHORIZING OFFICIAL FAILED, AT THE TIME, TO RECOGNIZE THAT SUCH RATE WOULD NOT SUBSTANTIALLY COVER THE ADDITIONAL SUBSISTENCE EXPENSES INCURRED BY REASON OF THE TEMPORARY DUTY IN QUESTION, DOES NOT AFFORD ANY LEGAL BASIS FOR THE RETROACTIVE UPWARD ADJUSTMENT OF SUCH RATE. ACCORDINGLY, OUR PRIOR ACTION REQUIRING COLLECTION FROM YOU OF THE RETROACTIVE INCREASE IN PER DIEM WHICH WAS ..END :