B-159073, JUL. 6, 1966

B-159073, JUL. 6, 1966

TO BUREAU OF NAVAL WEAPONS:

WE REFER TO YOUR LETTER OF APRIL 21, 1966, REQUESTING RECONSIDERATION OF OUR CLAIMS DIVISION SETTLEMENT CERTIFICATE DATED APRIL 8, 1966, Z-2316823, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM FOR THE PERIOD FROM OCTOBER 3 THROUGH OCTOBER 22, 1965, INCIDENT TO YOUR TRAVEL FROM WASHINGTON, D.C., TO DAYTON, OHIO, AND THE TEMPORARY TRAINING DUTY YOU PERFORMED AT WRIGHT-PATTERSON AIR FORCE BASE PURSUANT TO YOUR TRAVEL ORDER NO. T-0612/66 DATED SEPTEMBER 23, 1965, AS AN EMPLOYEE OF THE SPECIAL PROJECTS OFFICE, BUREAU OF NAVAL WEAPONS, DEPARTMENT OF THE NAVY.

YOUR LETTER OF FEBRUARY 10, 1966, TO WHICH YOU REFER, INDICATES YOU ARE CLAIMING ADDITIONAL PER DIEM ONLY FOR 18 3/4 DAYS, FROM OCTOBER 4 THROUGH THREE-FOURTHS OF OCTOBER 22. THAT IS THE TIME YOU WERE IN DAYTON FOR PURPOSES OF ATTENDING THE SPECIFIED MAINTENANCE MANAGEMENT TRAINING COURSE. THE RECORD SHOWS THAT, IN LIEU OF YOUR ACTUAL SUBSISTENCE EXPENSES WHICH YOU CLAIM, ON DISBURSING OFFICER VOUCHER NO. 18984 YOU WERE ALLOWED PER DIEM AT THE RATE OF $7 APPLICABLE TO THE SUBSISTENCE FACILITIES (QUARTERS AND/OR MEALS) WHICH HAD BEEN ARRANGED FOR PERSONS ATTENDING THE TRAINING COURSE AT THE AIR FORCE BASE. HOWEVER, YOU SAY YOU DID NOT USE THOSE OFFICIAL FACILITIES BUT THAT YOU SECURED COMMERCIAL LODGINGS AND MEALS,"BECAUSE IT WAS FELT THAT THE EXTENSIVE OUTSIDE STUDY REQUIRED BY THE COURSE COULD BE PERFORMED BETTER IN A PRIVATE MOTEL ROOM.' FURTHER, YOU SAY THE $7 PER DIEM ALLOWANCE DID NOT COVER ALL OF THE COSTS OF YOUR COMMERCIAL QUARTERS AND EALS; YOU ESTIMATE A TOTAL OF $146,"APPROXIMATELY 45 PERCENT" OF YOUR COSTS, WERE "EXPENSES INCURRED ESSENTIAL TO THE CONDUCT OF OFFICIAL BUSINESS.' ALSO, YOUR LETTER OF APRIL 21 SUGGESTS THAT THE SETTLEMENT DID NOT GIVE FULL CONSIDERATION TO THE "MITIGATING CIRCUMSTANCES" DESCRIBED IN YOUR LETTER OF FEBRUARY 10. HOWEVER, YOU MAY REST ASSURED THAT EVERY CIRCUMSTANCE TO WHICH YOU REFER NOW HAS BEEN CAREFULLY CONSIDERED.

OUR DISPOSITION OF YOUR CLAIM MUST TAKE INTO CONSIDERATION THE PROVISIONS CONTAINED IN THE APPLICABLE REGULATIONS WHICH WERE IN EFFECT AT THE TIME THE TRAVEL ORDER WAS ISSUED AND DURING THE PERIOD OF YOUR TRAINING DUTY.

AS INDICATED IN THE SETTLEMENT OF APRIL 8, 1966, THE $7 RATE OF PER DIEM WHICH BECAME EFFECTIVE SEPTEMBER 1, 1965, AS PRESCRIBED BY CHANGE 2, PART IV, APPENDIX C, VOLUME 2, JOINT TRAVEL REGULATIONS (JTR), CONSTITUTED THE ONLY RATE OF PER DIEM THAT WAS AUTHORIZED TO BE PAID DURING THE PERIOD COVERED BY YOUR CLAIM TO EMPLOYEES ATTENDING THE TRAINING COURSES AT WRIGHT-PATTERSON AIR FORCE BASE. SEE PARAGRAPH C8101-2H OF SUCH JOINT TRAVEL REGULATIONS. IN SUCH CONNECTION, WE UNDERSTAND THAT NO DIFFERENT PER DIEM RATE HAD BEEN SPECIFIED FOR WRIGHT-PATTERSON UNDER THE AUTHORITY OF PARAGRAPH C8101-2A (3) OR C8051-5 OF THE REGULATIONS. ALSO, OF SIGNIFICANCE IS PARAGRAPH C1057-2 OF SUCH REGULATIONS ISSUED ON JULY 1, 1965, WHICH IS AS FOLLOWS:

"2. TRAINING COURSE REQUIREMENT. EMPLOYEES ATTENDING TRAINING COURSES WILL BE REQUIRED TO OCCUPY AVAILABLE ADEQUATE GOVERNMENT QUARTERS. THIS REQUIREMENT APPLIES TO QUARTERS LOCATED WHERE A TRAINING COURSE IS HELD INCLUDING QUARTERS AVAILABLE IN THE VICINITY OF THE TRAINING COURSE LOCATION, PROVIDED THAT TRANSPORTATION BETWEEN QUARTERS LOCATIONS AND TRAINING LOCATION IS FURNISHED WITHOUT COST TO THE EMPLOYEE, OR REIMBURSEMENT FOR TRANSPORTATION EXPENSE IS AUTHORIZED. TRAINING COURSE ANNOUNCEMENTS AND TRAVEL ORDERS WILL INCLUDE APPROPRIATE INSTRUCTIONS ABOUT THE AVAILABILITY AND REQUIRED USE OF QUARTERS. REDUCED PER DIEM ALLOWANCE PRESCRIBED IN CHAPTER 8 APPLIES. CERTIFICATES OF NONAVAILABILITY WILL NOT BE ISSUED OR ACCEPTED IF NON-USE OF ADEQUATE AVAILABLE QUARTERS IS FOR PERSONAL REASONS.'

WHILE IT IS UNFORTUNATE THAT YOU WERE UNFAMILIAR WITH APPENDIX C OF THE REGULATIONS AND MAY NOT HAVE BEEN GIVEN ANY SPECIFIC ADVICE CONCERNING THE $7 RATE OF PER DIEM AT WRIGHT-PATTERSON OR CONCERNING THE UTILIZATION OF GOVERNMENT QUARTERS AT SUCH BASE, SUCH FACT WOULD NOT WARRANT OUR OFFICE IN ALLOWING ANY GREATER AMOUNT THAN PROVIDED FOR IN YOUR ORDERS AND UNDER THE CONTROLLING REGULATIONS REFERRED TO ABOVE.

THEREFORE, BASED UPON THE PRESENT RECORD, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.