B-159073, SEP. 16, 1966

B-159073, SEP. 16, 1966

TO MR. ROBERT P. YOUNG:

THIS REFERS TO YOUR LETTER OF AUGUST 9, 1966, REQUESTING RECONSIDERATION OF OUR DECISION OF JULY 6, 1966, B-159073, TO YOU, SUSTAINING THE DISALLOWANCE OF 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 TRAINING DUTY YOU PERFORMED AT WRIGHT-PATTERSON AIR FORCE BASE, AS AN EMPLOYEE OF THE SPECIAL PROJECTS OFFICE, BUREAU OF NAVAL WEAPONS, DEPARTMENT OF THE NAVY.

YOUR LETTER PRESENTS NO MATERIAL FACTS NOT HERETOFORE CONSIDERED. INASMUCH AS WE DISCUSSED YOUR CASE IN DETAIL IN THE DECISION OF JULY 6, 1966, B-159073, IT WOULD BE NEEDLESS REPETITION TO RESTATE THE ENTIRE CASE HERE.

YOUR PRINCIPAL CONTENTION IS THAT NEITHER THE COURSE ANNOUNCEMENT NOR YOUR TRAVEL ORDER CONTAINED ANY STATEMENTS CONCERNING THE REQUIRED USE OF GOVERNMENT QUARTERS.

SECTION 3 OF THE TRAVEL EXPENSE ACT OF 1949, PUB.L. 92, 63 STAT. 166, AS AMENDED, 5 U.S.C. 836, WHICH WAS IN EFFECT DURING THE PERIOD COVERED BY YOUR CLAIM PROVIDED, IN PERTINENT PART, AS FOLLOWS:

"CIVILIAN OFFICERS AND EMPLOYEES OF THE DEPARTMENTS AND ESTABLISHMENTS * * * WHILE TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY, SHALL BE ALLOWED IN LIEU OF THEIR ACTUAL EXPENSES FOR SUBSISTENCE AND ALL FEES OR TIPS TO PORTERS AND STEWARDS, A PER DIEM ALLOWANCE TO BE PRESCRIBED BY THE DEPARTMENT OR ESTABLISHMENT CONCERNED, NOT TO EXCEED THE RATE OF $16 WITHIN THE LIMITS OF THE CONTINENTAL UNITED STATES * * *.'

SECTION 6.2A OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, ISSUED PURSUANT TO SECTION 7 OF PUB.L. 92, ABOVE, PROVIDES, AS FOLLOWS:

"RATES OF PER DIEM.--- A. THE PER DIEM ALLOWANCES PROVIDED IN THESE REGULATIONS REPRESENT THE MAXIMUM ALLOWABLE NOT THE MINIMUM. IT IS THE RESPONSIBILITY OF EACH DEPARTMENT AND ESTABLISHMENT TO SEE THAT TRAVEL ORDERS AUTHORIZE ONLY SUCH PER DIEM ALLOWANCES AS ARE JUSTIFIED BY THE CIRCUMSTANCES AFFECTING THE TRAVEL. TO THIS END, CARE SHOULD BE EXERCISED TO PREVENT THE FIXING OF A PER DIEM ALLOWANCE IN EXCESS OF THAT REQUIRED TO MEET THE NECESSARY AUTHORIZED SUBSISTENCE EXPENSES.' IT IS CLEAR FROM A READING OF THE STATUTE AND REGULATION THAT THE DUTY AND RESPONSIBILITY OF FIXING A PER DIEM IN LIEU OF SUBSISTENCE FOR ANY PERIOD OF OFFICIAL TRAVEL IS VESTED EXCLUSIVELY IN THE PARTICULAR ADMINISTRATIVE OFFICE CONCERNED.

TRAVEL ORDER DATED SEPTEMBER 23, 1965, AUTHORIZED YOU TO TRAVEL FROM WASHINGTON, D.C., TO DAYTON, OHIO, FOR TEMPORARY DUTY OF APPROXIMATELY 20 DAYS. PARAGRAPH II.2A OF THE TRAVEL ORDER AUTHORIZED "$16.00 PER DIEM IN THE CONTINENTAL UNITED STATES WHEN COMMERCIAL QUARTERS ARE USED OR IN ACCORDANCE WITH JTR, VOLUME 2, PART IV, APPENDIX C.' THUS, YOUR TRAVEL ORDER CONTAINED A SPECIFIC NOTICE THAT CHANGES IN THE PER DIEM RATE BY THE ADMINISTRATIVE REGULATION WOULD APPLY IN YOUR CASE AND THAT USE OF GOVERNMENT QUARTERS WOULD BE REQUIRED WHILE ATTENDING THE TRAINING COURSE.

YOU ALSO CONTEND THAT THE GOVERNMENT PROVIDED A TRAVEL ADVANCE ON THE BASIS OF $15 PER DIEM AND THIS WOULD INDICATE AN INTENT ON THE PART OF THE GOVERNMENT TO REIMBURSE YOU AT THE RATE OF $15 PER DIEM. THERE IS NOTHING IN THE FILE TO INDICATE THAT YOU RECEIVED A TRAVEL ADVANCE ON THE BASIS OF $15 PER DIEM. IN SUCH CONNECTION WE HAVE BEEN INFORMALLY ADVISED BY THE DEPARTMENT OF THE NAVY THAT YOU RECEIVED A TRAVEL ADVANCE OF ONLY $256 WHICH WOULD INCLUDE ESTIMATED TAXICAB FARE AT HEADQUARTERS AND TEMPORARY DUTY STATION AS WELL AS ESTIMATED AIRPLANE FARE. MOREOVER, EVEN IF THE ADVANCE WAS PREDICATED UPON A CONTEMPLATED ENTITLEMENT TO A $15 PER DIEM RATE, THERE WOULD BE NO AUTHORITY TO PAY YOU PER DIEM IN EXCESS OF THAT AUTHORIZED BY THE TRAVEL ORDER AND THE ADMINISTRATIVE REGULATIONS FOR THE PARTICULAR LOCALITY WHERE YOU WERE PERFORMING TEMPORARY DUTY. AS POINTED OUT IN THE JULY 6 DECISION, UNDER APPLICABLE PROVISIONS OF THE JOINT TRAVEL REGULATIONS THE $7 RATE OF PER DIEM CONSTITUTED THE ONLY PER DIEM RATE THAT WAS AUTHORIZED TO BE PAID DURING THE PERIOD COVERED BY YOUR CLAIM TO EMPLOYEES ATTENDING TRAINING COURSES AT WRIGHT-PATTERSON AIR FORCE BASE.

ACCORDINGLY, THE DECISION OF JULY 6, 1966, B-159073, SUSTAINING THE DISALLOWANCE OF YOUR CLAIM IS AFFIRMED.