B-129356, DEC. 26, 1956

B-129356, DEC. 26, 1956

TO MR. FORREST L. GIBSON:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 10, 1956, REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF JULY 26, 1956, AND OF OUR SUSTAINING DECISION OF OCTOBER 11, B-129356, IN THAT REGARD, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPMENT OF HOUSEHOLD EFFECTS IN JUNE 1951 FROM SIERRA ORDNANCE DEPOT, HERLONG, CALIFORNIA, TO CAMP COOKE, CALIFORNIA, AS AN EMPLOYEE OF THE ORDNANCE CORPS, DEPARTMENT OF THE ARMY.

YOU SAY THAT YOUR ACTUAL DUTY STATION HAD BEEN CHANGED BY COMPETENT ORDERS EVEN THOUGH YOUR ADMINISTRATIVE STATION REMAINED UNCHANGED AND THAT, THEREFORE, IF YOU WERE NOT ELIGIBLE FOR REIMBURSEMENT FOR MOVEMENT OF HOUSEHOLD EFFECTS, YOU SHOULD BE ELIGIBLE FOR PER DIEM DURING THE PERIOD YOU WERE ON DUTY AT CAMP COOKE.

IN THIS CONNECTION, THE RECORD CLEARLY ESTABLISHES AN ADMINISTRATIVE DETERMINATION NOT TO ALLOW YOU PER DIEM FOR THE PERIOD OF YOUR DUTY AT CAMP COOKE.

UNDER THE PROVISIONS OF PARAGRAPH 45 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, THEN IN EFFECT, WHICH CONTROLLED THE ALLOWANCE OF PER DIEM IN LIEU OF SUBSISTENCE IN THE CASE OF GOVERNMENT EMPLOYEES AWAY FROM THEIR DESIGNATED POSTS OF DUTY, SUCH ALLOWANCE MAY BE AUTHORIZED OR APPROVED BY THE ADMINISTRATIVE AGENCY, IF OTHERWISE PROPER. WHEN PER DIEM IS NOT SO ADMINISTRATIVELY AUTHORIZED OR APPROVED OUR OFFICE IS WITHOUT AUTHORITY TO QUESTION THE PROPRIETY OF SUCH A REFUSAL. THUS, THERE IS NO PROPER BASIS FOR THE ALLOWANCE OF YOUR CLAIM FOR PER DIEM DURING THE PERIOD IN WHICH YOU SERVED AT CAMP COOKE.

WE REGRET THAT WE ARE UNABLE TO ADVISE YOU OF ANY STEPS WHICH, IN OUR OPINION, WOULD RESULT IN THE PAYMENT OF YOUR CLAIM.