B-154330, OCT. 17, 1967
Highlights
YOU STILL ARE OF THE OPINION THAT YOU ARE ENTITLED TO PER DIEM IN EXCESS OF $8 FOR THE FIRST SEVEN DAYS IN OCTOBER 1963. ACCORDING TO THE RECORD LODGING WAS OBTAINED BY YOU AS FOLLOWS EXCEPT FOR PERIODS OF VOLUNTARY RETURN TO YOUR DOMICILE. WAS THAT THE TEMPORARY DUTY AT THE SAME LOCALITY WAS IN EXCESS OF 30 DAYS AND YOU CONTINUED TO OCCUPY LODGING AT PORT ALLEN WHERE YOU HAD LODGED SINCE AUGUST 31. THE BARGE LOCATION WAS CHANGED TO NEW RIVER BEND AND YOU CHANGED YOUR LODGING LOCATION TO BATON ROUGE. WHICH WAS LESS THAN 30 DAYS. THE $14 LOCALITY RATE FOR BATON ROUGE WAS APPLICABLE. SINCE YOU WERE PAID PER DIEM FOR THE PERIOD OF YOUR TEMPORARY DUTY IN ACCORDANCE WITH THE APPLICABLE REGULATIONS THE ACTION PREVIOUSLY TAKEN IN THE MATTER MUST BE AFFIRMED.
B-154330, OCT. 17, 1967
PER DIEM - CIVILIAN EMPLOYEES - RATE DECISION TO EMPLOYEE OF ARMY DISTRICT ENGINEERS, VICKSBURG, MISS. CLAIMING PER DIEM DURING TEMPORARY DUTY. EMPLOYEE WHO CLAIMS PER DIEM IN EXCESS OF $8.00 RATE FOR PERIOD WHEN HE CONTINUED TO BE IN SAME LOCALITY FOR MORE THAN 30 DAYS MAY NOT BE ALLOWED ADDITIONAL PER DIEM SINCE RECORD SHOWS THAT EMPLOYEE CONTINUED TO OCCUPY LODGING AT SAME PLACE.
TO MR. GEORGE JOHNSON, JR.:
THIS REFERS TO YOUR LETTER OF SEPTEMBER 25, 1967, CONCERNING YOUR CLAIM FOR PER DIEM FOR THE PERIOD JULY 30 THROUGH OCTOBER 28, 1963, AS AN EMPLOYEE OF THE ARMY DISTRICT ENGINEER, VICKSBURG, MISSISSIPPI.
OUR DECISIONS OF SEPTEMBER 1, 1964, AND SEPTEMBER 21, 1967, B 154330, AND THE SETTLEMENTS OF MAY 15, 1964, AND AUGUST 4, 1967, SUMMARIZED THE FACTS AND CIRCUMSTANCES PERTAINING TO THE VALIDITY OF THE PER DIEM PAID TO YOU ON PRIOR VOUCHERS. THE FACTS AND CIRCUMSTANCES NEED NOT BE REPEATED HERE.
YOU STILL ARE OF THE OPINION THAT YOU ARE ENTITLED TO PER DIEM IN EXCESS OF $8 FOR THE FIRST SEVEN DAYS IN OCTOBER 1963, WHILE ON TEMPORARY DUTY. ACCORDING TO THE RECORD LODGING WAS OBTAINED BY YOU AS FOLLOWS EXCEPT FOR PERIODS OF VOLUNTARY RETURN TO YOUR DOMICILE; JULY 30-AUGUST 15, NATCHEZ; AUGUST 15-30, NEW ROADS; AUGUST 31-OCTOBER 7, PORT ALLEN; OCTOBER 7-28, BATON ROUGE. THE BASIS FOR THE CONTINUED $8 NEW ORLEANS DISTRICT PER DIEM RATE DURING THE PERIOD OCTOBER 1-7, WAS THAT THE TEMPORARY DUTY AT THE SAME LOCALITY WAS IN EXCESS OF 30 DAYS AND YOU CONTINUED TO OCCUPY LODGING AT PORT ALLEN WHERE YOU HAD LODGED SINCE AUGUST 31, 1963. ON OCTOBER 7, 1963, THE BARGE LOCATION WAS CHANGED TO NEW RIVER BEND AND YOU CHANGED YOUR LODGING LOCATION TO BATON ROUGE. SINCE YOU CHANGED YOUR LODGING LOCATION TO BATON ROUGE AND LODGED THERE FOR THE REMAINDER OF THE TEMPORARY DUTY ASSIGNMENT, WHICH WAS LESS THAN 30 DAYS, THE $14 LOCALITY RATE FOR BATON ROUGE WAS APPLICABLE.
ACCORDINGLY, SINCE YOU WERE PAID PER DIEM FOR THE PERIOD OF YOUR TEMPORARY DUTY IN ACCORDANCE WITH THE APPLICABLE REGULATIONS THE ACTION PREVIOUSLY TAKEN IN THE MATTER MUST BE AFFIRMED.