B-159073, OCT. 18, 1966
Highlights
THE FACTS IN YOUR CASE WERE FULLY SET FORTH IN OUR DECISIONS OF JULY 6 AND SEPTEMBER 16. THIS STATEMENT WAS PRECEDED BY THE SENTENCE: " 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. 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. IT WAS POINTED OUT IN OUR DECISION OF JULY 6. THAT PARAGRAPH C1057-2 OF THE JTR STATED THAT "EMPLOYEES ATTENDING TRAINING COURSES WILL BE REQUIRED TO OCCUPY AVAILABLE ADEQUATE GOVERNMENT QUARTERS.'. IN RESPONSE TO YOUR QUESTION AS TO WHERE YOU MAY HAVE YOUR CASE REVIEWED YOU ARE ADVISED THAT THE DECISIONS OF OUR OFFICE ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT AND THERE IS NO PROCEDURE PRESCRIBED FOR APPEALING FROM SUCH DECISIONS.
B-159073, OCT. 18, 1966
TO MR. ROBERT P. YOUNG, SPECIAL PROJECTS OFFICE (SP2013), NAVAL ORDNANCE SYSTEMS COMMAND:
THIS REFERS TO YOUR LETTER OF SEPTEMBER 27, 1966, CONCERNING OUR DECISION OF SEPTEMBER 16, 1966, B-159073, TO YOU, WHICH SUSTAINED 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, .C., TO DAYTON, OHIO, AND THE TRAINING DUTY YOU PERFORMED AT WRIGHT-PATTERSON AIR FORCE BASE, AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY.
THE FACTS IN YOUR CASE WERE FULLY SET FORTH IN OUR DECISIONS OF JULY 6 AND SEPTEMBER 16, 1966, B-159073, TO YOU, AND WHILE YOU SAY THAT YOU DO NOT CONCUR IN THE CONCLUSION REACHED IN SUCH DECISIONS, YOU OFFER NO NEW EVIDENCE TO REFUTE OUR ACTION IN DENYING YOUR CLAIM.
YOU FURTHER SAY THAT SINCE THE JOINT TRAVEL REGULATIONS, VOLUME 2, PART IV, APPENDIX C, CONTAINS NO STATEMENT OR INDICATION THAT GOVERNMENT QUARTERS MUST BE USED YOU CANNOT RECONCILE THE STATEMENT IN OUR DECISION OF SEPTEMBER 16 WHICH STATED THAT:
"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.' THIS STATEMENT WAS PRECEDED BY THE SENTENCE:
" 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 " "
IN OUR DECISION OF JULY 6, 1966, B-159073, TO YOU, WE SAID THAT 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. CHANGE 2 PERTAINING TO LOCALITY PER DIEM RATES PRESCRIBED FOR ATTENDANCE AT TRAINING COURSES OF SPECIFIED PLACES SHOWS A RATE OF $7 PER DIEM EFFECTIVE SEPTEMBER 1, 1965, FOR "SCHOOL OF SYSTEMS AND LOGISTICS, AIR FORCE INSTITUTE OF TECHNOLOGY, WRIGHT-PATTERSON AIR FORCE BASE, OHIO.' ALSO, IT WAS POINTED OUT IN OUR DECISION OF JULY 6, THAT PARAGRAPH C1057-2 OF THE JTR STATED THAT "EMPLOYEES ATTENDING TRAINING COURSES WILL BE REQUIRED TO OCCUPY AVAILABLE ADEQUATE GOVERNMENT QUARTERS.'
THEREFORE, WE MUST SUSTAIN OUR PRIOR ACTION OF DISALLOWING YOUR CLAIM.
IN RESPONSE TO YOUR QUESTION AS TO WHERE YOU MAY HAVE YOUR CASE REVIEWED YOU ARE ADVISED THAT THE DECISIONS OF OUR OFFICE ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT AND THERE IS NO PROCEDURE PRESCRIBED FOR APPEALING FROM SUCH DECISIONS. HOWEVER, YOUR ATTENTION IS CALLED TO THE PROVISIONS OF 28 U.S.C. 1346; ID. 1491,CONCERNING MATTERS COGNIZABLE IN THE DISTRICT COURTS OF THE UNITED STATES AND IN THE UNITED STATES COURT OF CLAIMS.