B-127868, JUN. 5, 1963

B-127868, JUN. 5, 1963

TO MR. HORACE L. EDMONDSON:

ON MAY 6, 1963, YOU REQUESTED RECONSIDERATION OF OUR OFFICE SETTLEMENT OF APRIL 25, 1963, SUSTAINING THE VIEW OF THE DEPARTMENT OF THE ARMY THAT YOU, AS A CIVILIAN EMPLOYEE, WERE ENTITLED ONLY TO THE $15 PER DIEM RATE WHILE ON TEMPORARY DUTY AT FORT WAINWRIGHT, ALASKA. YOUR REQUEST FOR ALLOWANCE OF A $21 PER DIEM RATE WHICH WOULD BE PAYABLE TO EMPLOYEES ON TEMPORARY DUTY IN FAIRBANKS, ALASKA WAS THEREFORE DENIED.

BY TRAVEL ORDER DATED MAY 16, 1961, YOU WERE ORDERED TO FAIRBANKS, ALASKA, AND RETURN FOR THE PURPOSE OF AUDIT OF THE YUKON COMMAND. WHILE YOUR TRAVEL ORDERS READ FAIRBANKS, ALASKA, YOU IN FACT WERE QUARTERED AND PERFORMED YOUR DUTIES AT FORT WAINWRIGHT WHICH IS ADJACENT TO, BUT NOT WITHIN THE CITY OF FAIRBANKS. YOUR TRAVEL ORDERS PRESCRIBED MAXIMUM PER DIEM AS AUTHORIZED BY ARMY CIVILIAN PERSONNEL REGULATION T3-4.4.

THE CITED REGULATION WHICH AT THE TIME OF THE TEMPORARY DUTY INVOLVED APPLIED TO ALASKA, PROVIDED IN PERTINENT PART AS FOLLOWS:

"TRAVEL OUTSIDE THE UNITED STATES

"B. FOR TRAVEL OUTSIDE THE UNITED STATES, EMPLOYEES * * * ARE SUBJECT TO THE MAXIMUM PER DIEM RATES PRESCRIBED FOR LOCALITIES BY THE BUREAU OF THE BUDGET. * * *.'

SECTION 3 OF THE TRAVEL EXPENSE ACT OF 1949, APPROVED JUNE 9, 1949, CH. 185, 63 STAT. 166, AS AMENDED, 5 U.S.C. 836 AUTHORIZES THE DIRECTOR OF THE BUREAU OF THE BUDGET TO ESTABLISH MAXIMUM PER DIEM RATES FOR LOCATIONS OUTSIDE THE CONTINENTAL UNITED STATES. UNDER THIS AUTHORITY, APPENDIX I WAS ISSUED TO BUREAU OF THE BUDGET CIRCULAR NO. A-7 ON JUNE 22, 1956. APPENDIX I READS IN PERTINENT PART AS FOLLOWS:

TABLE

"APPENDIX I, REVISED--- MAXIMUM PER DIEM RATES IN LIEU OF SUBSISTENCE

FOR TRAVELERS BEYOND THE LIMITS OF THE CONTINENTAL UNITED STATES.

NOTE: THESE PER DIEM RATES APPLY TO TRAVEL WITHIN A LOCALITY AS SPECIFIED BELOW. * * *.

LOCALITY MAXIMUM PER

DIEM RATE

ALASKA

ANCHORAGE $21

FAIRBANKS 21

JUNEAU 21

NOME 21

OTHER 15

INASMUCH AS YOU WERE NOT QUARTERED IN FAIRBANKS, THE $21 RATE APPLICABLE TO THAT CITY DOES NOT APPLY IN YOUR CASE. CONSEQUENTLY THE DESIGNATION "OTHER" IS APPLICABLE TO YOU WITH THE CORRESPONDING PER DIEM RATE OF $15 PROPERLY FOR APPLICATION.

DEPARTMENT OF THE ARMY REGULATIONS (CPR T3.4) PROVIDE THAT WHEN GOVERNMENT QUARTERS ARE USED AND A CHARGE IS PAID BY THE TRAVELER, THE PRESCRIBED PER DIEM RATE WILL NOT BE MORE THAN THREE-FIFTHS OF THE PRESCRIBED OVERSEAS PER DIEM LOCALITY RATE FOR THE AREA. SINCE THE PRESCRIBED LOCALITY RATE IN FORT WAINWRIGHT WAS $15, IT WAS REQUIRED TO BE REDUCED BY 2/5 OR $6 TO $9 A DAY.

THE QUARTERS CHARGE WAS $1 LEAVING $8 FOR SUBSISTENCE AT THE OFFICER'S MESS WHERE IT IS UNDERSTOOD CHARGES RANGE FROM $1 FOR BREAKFAST TO A MAXIMUM OF ABOUT $2.50 FOR DINNER. IN BRIEF, WHEN A CIVILIAN EMPLOYEE IS QUARTERED AT THE MILITARY POST, HIS PER DIEM IS ADJUSTED TO THE POST ECONOMY RATHER THAN THAT OF THE ADJACENT CITY OF FAIRBANKS.

THE JOINT TRAVEL REGULATIONS WHICH DIFFER FROM THE ARMY AND AIR FORCE CIVILIAN PERSONNEL REGULATIONS IN THAT REGARD CONCERNING FAIRBANKS AND FORT WAINWRIGHT, ARE APPLICABLE ONLY TO MILITARY PERSONNEL AND DO NOT CONTROL IN YOUR CASE.

WE HAVE MADE COMPLETE REVIEW OF THE MATTER AND, IN VIEW OF THE APPLICABLE LAW AND REGULATIONS, FIND THAT YOU SHOULD NOT HAVE BEEN PAID PER DIEM AT THE RATE OF $21 FOR THE PERIOD OF TEMPORARY DUTY. ACCORDINGLY, THE $219.60 STATED IN OUR SETTLEMENT OF APRIL 25, 1963, IS DUE AND OWING THE UNITED STATES AND SHOULD BE PAID TO THE DEPARTMENT OF THE ARMY.

WE ARE FURNISHING A COPY OF THIS DECISION TO CONGRESSMAN WILLIAM S. MAILLIARD WHO HAS WRITTEN TO OUR OFFICE IN YOUR BEHALF CONCERNING THIS MATTER.