B-153405, JUN. 17, 1964

B-153405, JUN. 17, 1964

TO MR. JAMES W. ADAMS:

WE REFER TO YOUR LETTER POSTMARKED MAY 18, 1964, REQUESTING RECONSIDERATION OF OUR ACTION CONCERNING YOUR LIABILITY TO REFUND ERRONEOUS PER DIEM PAYMENTS IN THE AMOUNT OF $176.25. ON MARCH 19, 1964, YOU WERE ADVISED OF OUR DETERMINATION THAT YOU ARE INDEBTED TO THE UNITED STATES IN THE SUM OF $176.25, REPRESENTING RETROACTIVE PAYMENTS OF PER DIEM AT RATES IN EXCESS OF THE RATE PROVIDED IN YOUR TRAVEL ORDER. THE SETTLEMENT OF MARCH 19, 1964, WAS SUSTAINED BY OUR DECISION OF APRIL 28, 1964, B-153405, TO YOU.

IN CONNECTION WITH THE QUESTION OF YOUR LIABILITY, WE HAVE NOT OVERLOOKED THE INFORMATION CONTAINED IN A LETTER OF APRIL 24, 1964, FROM THE ASSISTANT TO THE REGIONAL DIRECTOR, REGION 7, BUREAU OF RECLAMATION, RELATIVE TO YOUR CASE AND OTHER SIMILAR CASES. MOREOVER, IN ORDER TO INSURE OUR HAVING AN ACCURATE AND COMPLETE UNDERSTANDING OF ALL PERTINENT FACTS PERTAINING TO THE CLASS OF CASES IN QUESTION, WE REQUESTED AND HAVE RECEIVED AN ADDITIONAL ADMINISTRATIVE REPORT IN THE MATTER FROM THE REGIONAL OFFICE, REGION 7.

THE ADDITIONAL INFORMATION RECEIVED HAS BEEN GIVEN FULL CONSIDERATION. HOWEVER, IN OUR OPINION SUCH INFORMATION MERELY CONFIRMS THE FACT THAT AT THE TIME YOUR TRAVEL ORDERS WERE WRITTEN IT WAS THE INTENTION TO PRESCRIBE AN $8 RATE ONLY. MOREOVER, SUCH $8 RATE APPARENTLY WAS PRESCRIBED ONLY AFTER IT HAD BEEN PROPOSED TO AND CLEARED BY THE REGIONAL OFFICE, REGION 7. THE FACT THAT THE AUTHORIZING OFFICIAL FAILED, AT THE TIME, TO RECOGNIZE THAT SUCH RATE WOULD NOT SUBSTANTIALLY COVER THE ADDITIONAL SUBSISTENCE EXPENSES INCURRED BY REASON OF THE TEMPORARY DUTY IN QUESTION, DOES NOT AFFORD ANY LEGAL BASIS FOR THE RETROACTIVE UPWARD ADJUSTMENT OF SUCH RATE. ACCORDINGLY, OUR PRIOR ACTION REQUIRING COLLECTION FROM YOU OF THE RETROACTIVE INCREASE IN PER DIEM WHICH WAS PAID ILLEGALLY HEREBY IS SUSTAINED.