A-62873, JULY 26, 1935, 15 COMP. GEN. 78

A-62873, JULY 26, 1935, 15 COMP. GEN. 78

SUBSISTENCE - PER DIEM IN LIEU OF - PARTIAL SUBSISTENCE FURNISHED WHERE AN EMPLOYEE'S ORDERS PROVIDE FOR PER DIEM IN LIEU OF SUBSISTENCE AND HE IS FURNISHED GOVERNMENT LODGING FREE OF CHARGE, PARAGRAPH 47 (A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS REQUIRES THAT ONE-FIFTH OF THE PER DIEM BE DEDUCTED FOR EACH DAY LODGING IS SO FURNISHED.

COMPTROLLER GENERAL MCCARL TO KARL E. SCHOENHERR, JULY 26, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 10, 1935, REQUESTING REVIEW OF SETTLEMENT DATED APRIL 4, 1935, DISALLOWING YOUR CLAIM (NO. 0488612), IN THE SUM OF $5.70, REPRESENTING ONE-FIFTH PER DIEM DEDUCTED FROM VOUCHER NO. 65443, PAID JUNE 16, 1933, IN THE ACCOUNTS OF J. A. REBENTISCH, LIEUTENANT COMMANDER (S.C.), UNITED STATES NAVY, IN CONNECTION WITH TEMPORARY DUTY UNDER ORDERS DATED APRIL 14, 1933.

THE ORDERS REFERRED TO DIRECTED YOU TO PROCEED ON APRIL 30, 1933, FROM WASHINGTON, D.C., TO NORFOLK, VA., ON TEMPORARY DUTY IN CONNECTION WITH THE SPECIAL TRIALS OF THE U.S.S. HAMILTON AND AUTHORIZED A PER DIEM OF $5 IN LIEU OF ACTUAL EXPENSES FOR SUBSISTENCE EXCEPT WHILE ON BOARD THE U.S.S. HAMILTON WHEN A PER DIEM OF $1.50 WAS AUTHORIZED IN LIEU OF ACTUAL SUBSISTENCE EXPENSES, IN ACCORDANCE WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, EFFECTIVE JULY 1, 1931, THEN IN FORCE, PARAGRAPH 47 (A) OF WHICH PROVIDES:

* * * IF ON A PER DIEM IN LIEU OF SUBSISTENCE BASIS, ONE-FIFTH OF THE AUTHORIZED PER DIEM RATE MUST BE DEDUCTED FOR EACH MEAL AND/OR LODGING FURNISHED WITHOUT CHARGE.

IT APPEARS THAT YOU LEFT WASHINGTON, D.C., ON APRIL 30, 1933, ON THE NORFOLK BOAT (SCHEDULED TO SAIL AT 6:30 P.M.) AND THAT YOU ARRIVED IN NORFOLK AT 7 A.M., MAY 1, 1933; THAT YOU REPORTED ON BOARD THE U.S.S. HAMILTON, AT 7 A.M., MAY 1, 1933, AND LEFT THAT VESSEL AT 1 P.M., MAY 20, 1933. YOU WERE PAID ON VOUCHER NO. 65443, SUPRA, ON THE BASIS OF ONE- FOURTH DAY ON APRIL 30, 1933, AT $5, OR $1.25 AND FOR 7 HOURS ON MAY 1, 1933, AT $5, OR $1.46. AT $1.50 PER DIEM YOU WERE PAID FOR 17 HOURS ON MAY 1, 1933, OR $1.06 AND FOR THE PERIOD MAY 2 TO 20, 1933, YOU WERE PAID AT $1.50 PER DIEM FOR 18 3/4 DAYS, OR $28.13, TOTAL $31.90, LESS ONE-FIFTH PER DIEM RATE FOR LODGING FURNISHED FOR 19 DAYS ON BOARD THE U.S.S. HAMILTON, OR $5.70, NET PAID ON THE VOUCHER $26.20.

ON YOUR CLAIM VOUCHER, THERE APPEARS A STATEMENT AS FOLLOWS:

FROM THE OFFICER IN CHARGE OF THE MESS ON THE U.S.S. HAMILTON IT WAS ASCERTAINED THAT THE MESS BILL INCLUDED NOT ONLY THE EXPENSES FOR FOOD BUT ALSO THE MAJOR EXPENSES FOR LODGING. THESE INCLUDE BEDDING, LINEN, TOWELS, AND ROOM SERVICE. LODGING WAS THUS NOT FURNISHED FREE AND THE BILL AS PAID WAS RIGHTFULLY DUE WITHOUT DEDUCTION.

BY LETTER DATED FEBRUARY 11, 1935, THE COMMANDING OFFICER OF THE U.S.S.

1. ACCORDING TO WARDROOM MESS STATEMENT FOR MAY 1933 MR. SCHOENHERR WAS CHARGED $29.00 FOR 19 1/2 DAYS SUBSISTENCE. THIS CHARGE WAS MADE AT THE RATE OF $1.50 PER DAY TO COVER COST OF FOOD AND INCIDENTALS IN MESS UPKEEP SUCH AS LAUNDRY OF MESS LINEN.

INASMUCH AS THE RECORDS THUS SHOW THAT THE LODGING WAS FURNISHED FREE OF CHARGE THE DEDUCTION OF $5.70 WAS IN ACCORDANCE WITH THE REGULATIONS AND MAY NOT BE REFUNDED. THE SETTLEMENT OF APRIL 4, 1935, WHICH CORRECTLY DISALLOWED YOUR CLAIM, MUST BE, AND IS, SUSTAINED.

IN YOUR LETTER OF APRIL 10, 1935, YOU REFER TO THE ALLOWED CLAIMS OF CHARLES E. JANES AND CHARLES TRILLING, JR., STATING THAT THEY ARE IN ALL RESPECTS THE SAME AS YOUR CLAIM, AND SUGGESTING THAT YOUR CLAIM SHOULD LIKEWISE BE ALLOWED. AN EXAMINATION OF THE FILES IN THESE TWO CLAIMS INDICATES THAT THEY WERE ALLOWED THROUGH ERROR AND THE SETTLEMENTS ARE REVERSED ACCORDINGLY. THE ERRONEOUS ALLOWANCE IN THOSE TWO CASES, OF COURSE, FORMS NO BASIS FOR AN ALLOWANCE OF YOUR CLAIM.