B-146564, JUN. 8, 1962

B-146564: Jun 8, 1962

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IN THAT DECISION WE HELD THAT YOU WERE INDEBTED TO THE GOVERNMENT FOR $27.50. ARE ONES WHICH WE HAVE ENDEAVORED TO ANSWER BY OUR EARLIER LETTERS AND FULLY EXPLAINED IN OUR DECISION OF AUGUST 30. IN THAT DECISION WE SAID YOU WERE ERRONEOUSLY PAID AN AMOUNT OF $27.50. TO WHICH YOU WOULD HAVE BEEN ENTITLED HAD YOU REMAINED AT YOUR OFFICIAL STATION. SINCE YOU WERE IN A LEAVE STATUS IMMEDIATELY PRECEDING AND FOLLOWING THE NONWORKDAYS. YOU WOULD HAVE BEEN ENTITLED TO PER DIEM EVEN IF YOU HAD REMAINED AT YOUR TEMPORARY DUTY STATION. YOU WERE ENTITLED TO A CONSTRUCTIVE ALLOWANCE OF $20 TOWARD YOUR TRAVEL EXPENSES TO YOUR HOME. YOU PREVIOUSLY HAD BEEN PAID ADMINISTRATIVELY FOR ALL THE PER DIEM TO WHICH YOU WERE ENTITLED FOR APRIL 14 AND 18.

B-146564, JUN. 8, 1962

MR. WILLIAM LINES:

YOUR LETTER OF APRIL 25, 1962, QUESTIONS FURTHER THE PROPRIETY OF OUR DECISION OF AUGUST 30, 1961. IN THAT DECISION WE HELD THAT YOU WERE INDEBTED TO THE GOVERNMENT FOR $27.50, THE AMOUNT ALLOWED BY OUR SETTLEMENT OF AUGUST 30, 1961, FOR AN OVERPAYMENT OF MILEAGE AND PER DIEM IN LIEU OF SUBSISTENCE WHEN YOU RETURNED TO YOUR OFFICIAL DUTY STATION ON APRIL 14, 1960, FROM YOUR TEMPORARY DUTY STATION AT MORTON, KANSAS.

THE QUESTIONS RAISED IN YOUR LETTER OF APRIL 25, 1962, ARE ONES WHICH WE HAVE ENDEAVORED TO ANSWER BY OUR EARLIER LETTERS AND FULLY EXPLAINED IN OUR DECISION OF AUGUST 30, 1961.

IN THAT DECISION WE SAID YOU WERE ERRONEOUSLY PAID AN AMOUNT OF $27.50, CONSISTING OF $2.50 FOR PER DIEM ON APRIL 14, 1960, AND $5 FOR PER DIEM ON APRIL 18, 1960, AND $20 TOWARD ROUND TRIP TRANSPORTATION AND PER DIEM ENROUTE TO YOUR OFFICIAL STATION REPRESENTING THE SUBSISTENCE ALLOWANCE FOR APRIL 16 AND 17, 1960, TO WHICH YOU WOULD HAVE BEEN ENTITLED HAD YOU REMAINED AT YOUR OFFICIAL STATION. SEE SECTION 6.4 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. HOWEVER, SINCE YOU WERE IN A LEAVE STATUS IMMEDIATELY PRECEDING AND FOLLOWING THE NONWORKDAYS, APRIL 16 AND 17, YOU WOULD HAVE BEEN ENTITLED TO PER DIEM EVEN IF YOU HAD REMAINED AT YOUR TEMPORARY DUTY STATION. THEREFORE, YOU WERE ENTITLED TO A CONSTRUCTIVE ALLOWANCE OF $20 TOWARD YOUR TRAVEL EXPENSES TO YOUR HOME.

YOU PREVIOUSLY HAD BEEN PAID ADMINISTRATIVELY FOR ALL THE PER DIEM TO WHICH YOU WERE ENTITLED FOR APRIL 14 AND 18. THEREFORE, THE SUPPLEMENTAL ALLOWANCE BY OUR CLAIMS DIVISION WAS IN ERROR, THAT DIVISION NOT HAVING BEEN INFORMED OF YOUR LEAVE STATUS ON PARTS OF THOSE DAYS WHICH LIMITED YOUR PER DIEM ALLOWANCES. SEE SECTION 6.3, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

REGARDING YOUR QUESTIONS CONCERNING THE ADMINISTRATIVE APPROVAL OF YOUR RECLAIM VOUCHER, THE CASE WAS REFERRED TO THE GENERAL ACCOUNTING OFFICE AS A DOUBTFUL CLAIM FOR SETTLEMENT AS REQUIRED BY LAW. IT WAS REFERRED WITHOUT RECOMMENDATION AS TO PAYMENT BEING NEITHER APPROVED NOR DISAPPROVED. INCIDENT TO YOUR REQUEST FOR REVIEW OF SETTLEMENT DATED JUNE 25, 1961, IT WAS DISCOVERED THAT YOU HAD BEEN ADMINISTRATIVELY PLACED IN A LEAVE STATUS FROM ABOUT 4 P.M., APRIL 14 TO 12 NOON, APRIL 18. THAT INFORMATION WAS ADMINISTRATIVELY VERIFIED IN WRITING AND WE ARE BOUND BY THOSE REPORTED FACTS.

IT IS HOPED THE ABOVE EXPLANATION WILL CLARIFY THE REASONS WHY IT WAS NECESSARY TO RECOVER THE AMOUNT ALLOWED BY OUR CLAIMS DIVISION SETTLEMENT.

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