B-114211, OCTOBER 13, 1953, 33 COMP. GEN. 165

B-114211, OCTOBER 13, 1953, 33 COMP. GEN. 165

SUBSISTENCE - PER DIEM - VESSEL EMPLOYEES A CIVILIAN EMPLOYEE OF THE MILITARY SEA TRANSPORTATION SERVICE ASSIGNED TO A SHIP WHO, UNDER TRAVEL ORDER AUTHORIZING PAYMENT OF PER DIEM ALLOWANCE IN ACCORDANCE WITH " NCPI 240.8-3," PERFORMED LAND TRAVEL WHOLLY WITHIN JAPAN, TO AND FROM A MILITARY INSTALLATION, DURING PERIOD PER DIEM FOR SUCH TRAVEL WAS ELIMINATED PURSUANT TO PROVISIONS OF " NCPI 240.8-3" AND PARAGRAPH 45, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, IS NOT ENTITLED TO PER DIEM FOR SUCH TRAVEL NOTWITHSTANDING EMPLOYMENT AGREEMENT PROVIDED SUBSISTENCE WOULD BE FURNISHED OR PER DIEM IN LIEU THEREOF AUTHORIZED IN EVENT EMPLOYEE WAS OFFICIALLY ASSIGNED ASHORE.

COMPTROLLER GENERAL WARREN TO GEORGE G. TANNEN, OCTOBER 13, 1953:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 17, 1953, RELATIVE TO OFFICE SETTLEMENT DATED FEBRUARY 5, 1953, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM IN LIEU OF SUBSISTENCE INCIDENT TO CERTAIN TRAVEL PERFORMED AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE NAVY, MILITARY SEA TRANSPORTATION SERVICE, WESTERN PACIFIC AREA, DURING THE PERIOD FROM MARCH 5 TO MAY 28, 1953, IN THE AMOUNT OF $21.90. THE DISALLOWANCE WAS FOR THE REASON THAT UNDER THE ADMINISTRATIVE INSTRUCTIONS IN EFFECT AT THE TIME, WHERE THE TRAVEL INVOLVED WAS PERFORMED WHOLLY WITHIN JAPAN, PER DIEM WAS NOT AUTHORIZED FOR TRAVEL TO AND FROM MILITARY INSTALLATIONS.

IN BRIEF, IT APPEARS THAT THE TRAVEL WAS PERFORMED FROM YOKOHAMA TO HAKATA, JAPAN, AND RETURN, INCIDENT TO YOUR ASSIGNMENT ON THE USNS LSM 335, UNDER TRAVEL ORDERS DATED MARCH 5 AND MAY 26, 1952, RESPECTIVELY; THAT UNDER THE TERMS OF THE TRAVEL ORDER DATED MARCH 5, 1952, PER DIEM WAS AUTHORIZED TO BE PAID IN ACCORDANCE WITH THE PROVISIONS OF " NCPI 240.8-3; " THAT IT WAS PROVIDED BY PARAGRAPH 2 OF YOUR EMPLOYMENT AGREEMENT DATED AUGUST 13, 1951, THAT, IN THE EVENT YOU WERE ,OFFICIALLY ASSIGNED ASHORE," YOU WOULD BE FURNISHED SUBSISTENCE OR THAT A PER DIEM ALLOWANCE IN LIEU OF ACTUAL SUBSISTENCE EXPENSES WOULD BE AUTHORIZED "IN ACCORDANCE WITH REFERENCE (A)," I.E., THE CIVILIAN MARINE PERSONNEL INSTRUCTIONS, AS AMENDED.

AS YOU WERE NOT "OFFICIALLY ASSIGNED ASHORE" BUT IN A TRAVEL STATUS, SO FAR AS MATERIAL HERE IT APPEARS THAT YOU ONLY ARE ENTITLED TO SUCH PER DIEM AS PROPERLY MAY BE PAID UNDER THE PROVISIONS OF " NCPI 240.8 3" AS PROVIDED IN YOUR TRAVEL ORDER. IN THIS CONNECTION UNDER DATE OF JULY 27, 1953, IT WAS REPORTED BY THE DEPARTMENT OF THE NAVY, MILITARY SEA TRANSPORTATION SERVICE, THAT " " CMPI 240" HAS NOT BEEN ISSUED, AND IN THE ABSENCE THEREOF, THE PROVISIONS OF " NCPI 240" APPLY TO THE TRAVEL OF CIVILIAN MARINE PERSONNEL.'

WITH RESPECT TO THE AFORESAID MATTER, BY BOTH " NCPI 240.8-3" AND PARAGRAPH 45 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, ALSO REFERRED TO IN YOUR TRAVEL ORDERS, IT IS PROVIDED, IN SUBSTANCE, THAT A REDUCTION IN THE PER DIEM ALLOWANCE AUTHORIZED TO BE PAID MAY BE MADE WHEN LOCAL CONDITIONS WARRANT WITHIN ADMINISTRATIVE DISCRETION. PURSUANT TO SAID AUTHORITY, BY GENERAL HEADQUARTERS, FAR EAST COMMAND, CIRCULAR 25, DATED MAY 30, 1951, AS MODIFIED BY GENERAL HEADQUARTERS, FAR EAST COMMAND, LETTER " AG 240 (15 FEB. 1952) COM-F" OF FEBRUARY 15, 1952, THE PAYMENT OF PER DIEM FOR TRAVEL PERFORMED WHOLLY IN JAPAN, TO AND FROM MILITARY INSTALLATIONS, WAS ELIMINATED, AS STATED IN THE OFFICE SETTLEMENT. IT FOLLOWS THAT THERE IS NO AUTHORITY FOR THE PAYMENT OF PER DIEM COVERING THE TRAVEL INVOLVED, FROM YOKOHAMA TO HAKATA, JAPAN, AND RETURN, FROM APPROPRIATED MONEYS.

ACCORDINGLY, THE OFFICE SETTLEMENT DATED FEBRUARY 5, 1953, MUST BE, AND IS, SUSTAINED.