B-124366, JUL. 15, 1955

B-124366, JUL. 15, 1955

TO MR. J. E. FOWLER, JR., AUTHORIZED CERTIFYING OFFICER, BUREAU OF MINES:

YOUR LETTER OF JUNE 17, 1955, REQUESTS OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH ENCLOSED IN THE AMOUNT OF $194.76, REPRESENTING PER DIEM IN LIEU OF SUBSISTENCE FROM JANUARY 3 TO FEBRUARY 18, 1955, CLAIMED BY MR. PORNCHAI VIMUKTANANDANA, A TRAINEE UNDER THE FOREIGN OPERATIONS ADMINISTRATION TECHNICAL ASSISTANCE PROGRAM. YOUR DOUBT IN THE MATTER ARISES IN THE APPLICATION OF FOA MANUAL ORDER NO. 1340.1 AND ORDER NO. 1359.1 TO THE FOLLOWING STATEMENT OF FACTS: MR. VIMUKTANANDANA HAS BEEN PAID $8 PER DAY MAINTENANCE ALLOWANCE MONTHLY IN ADVANCE FROM THE DATE OF HIS ENTRY INTO THE UNITED STATES DECEMBER 11, 1954, TO JUNE 30, 1955. HE HAS ALSO BEEN PAID PER DIEM OF $4 FOR THE PERIOD DECEMBER 11, 1954, TO JANUARY 2, 1955. THIS WAS DONE BECAUSE IT WAS ORIGINALLY INTENDED THAT HE REPORT TO A POINT OUTSIDE OF WASHINGTON, D.C., WITHIN 30 DAYS AFTER REPORTING TO WASHINGTON, D.C., FOR ORIENTATION AND PRELIMINARY TRAINING. MR. VIMUKTANANDANA WAS IN THE WASHINGTON, D.C., AREA FROM DECEMBER 11, 1954, TO FEBRUARY 19, 1955, EXCEPT FOR A THREE-DAY FIELD TRIP INTO VIRGINIA AND NORTH CAROLINA, JANUARY 16 TO 18, 1955, AND A FIVE-DAY TRIP TO POINTS IN THE STATES OF NEW YORK AND NEW JERSEY, JANUARY 29 TO FEBRUARY 2, 1955. HE LEFT WASHINGTON, D.C., FEBRUARY 19, 1955, FOR MOSCOW, IDAHO, FOR CONTINUED TRAINING. THE EXTENSION OF THE ORIGINALLY CONTEMPLATED THIRTY-DAY TRAINING PERIOD IN WASHINGTON, D.C., IS REPORTED TO HAVE BEEN DUE TO A DETERMINATION THAT ADDITIONAL ORIENTATION WAS REQUIRED TO DEVELOP THE TRAINEE'S POWERS OF INDEPENDENT OBSERVATION, WILLING AND ACTIVE PARTICIPATION, AND SOUND ENGINEERING JUDGMENT, AND TO STRESS CONVERSATIONAL AND WRITTEN ENGLISH, TECHNICAL REPORT WRITING, AND ACQUAINTANCE WITH BUREAU TRAINING OBJECTIVES. THE ENGINEER-IN-CHARGE, TECHNICAL OPERATIONS, DIVISION OF FOREIGN ACTIVITIES, BUREAU OF MINES, SAYS IN MEMORANDUM OF APRIL 14, 1955, THAT "WE CONSIDER THAT PORNCHAI VIMUKTANANDANA WAS IN A TRAVEL STATUS FROM DECEMBER 14, 1954 TO FEBRUARY 18, 1955 AND THAT SPECIAL INSTRUCTION SUPPLIED HIM WAS INTIMATELY RELATED TO HIS TRAINING ASSIGNMENT IN IDAHO, WHICH HE WAS THEN ENROUTE TO RECEIVE.'

FOA MANUAL ORDER NO. 1359.1 PROVIDES IN PERTINENT PART AS FOLLOWS:

"B. PER DIEM

"1. NOT TO EXCEED A MAXIMUM OF $12 PER DIEM IN LIEU OF SUBSISTENCE AND ALL INCIDENTAL MAINTENANCE EXPENSES (OTHER THAN TRANSPORTATION EXPENSE AS PROVIDED IN SECTION III.A. ABOVE), WHILE IN A TRAVEL STATUS WITHIN THE UNITED STATES (INCLUDING PUERTO RICO AND HAWAII). NORMALLY A PARTICIPANT WILL BE REGARDED AS IN A TRAVEL STATUS UNLESS HE IS TO REMAIN IN A SINGLE GEOGRAPHICAL LOCATION FOR A PERIOD OF MORE THAN 30 DAYS.

"2. NOT TO EXCEED A MAXIMUM OF $8 PER DIEM IN LIEU OF SUBSISTENCE AND ALL INCIDENTAL MAINTENANCE EXPENSES (OTHER THAN TRANSPORTATION EXPENSES AS PROVIDED IN SECTION III.A. ABOVE), INCLUDING GRATUITOUS FEES, EFFECTIVE UPON THE ARRIVAL OF THE PARTICIPANT AT A SINGLE INSTALLATION OR GEOGRAPHICAL LOCATION WHERE HE IS TO REMAIN FOR A PERIOD OF MORE THAN 30 DAYS; WHEN A PARTICIPANT SO ASSIGNED TAKES A FIELD TRIP OF MORE THAN 48 HOURS DURATION WHICH IS APPROVED BY FOA OR BY A PARTICIPATING FEDERAL AGENCY, THE PARTICIPANT MAY BE PLACED IN TRAVEL STATUS DURING THE TIME HE IS ON THE FIELD TRIP.'

FOA MANUAL ORDER NO. 1340.1 SETS FORTH, IN GENERAL, THE ORIENTATION AND LANGUAGE INSTRUCTION THAT WILL BE GIVEN TO THE TRAINEES.

WHILE THE REGULATIONS SUGGEST A 30-DAY LIMIT FOR THE MAXIMUM PER DIEM IN A SINGLE GEOGRAPHICAL AREA IT DOES NOT APPEAR TO BE AN ABSOLUTE LIMITATION. AS YOU REPORT THAT THE ORIGINAL INTENTION WAS FOR THE TRAINEE TO REMAIN IN THE VICINITY OF WASHINGTON, D.C., FOR NOT EXCEEDING 30 DAYS AND THAT HIS RETENTION IN THIS AREA FOR A LONGER PERIOD WAS DUE TO SUBSEQUENT DEVELOPMENTS, AS ABOVE STATED, PAYMENT OF THE MAXIMUM PER DIEM ALLOWANCE, $12, FOR THE ENTIRE PERIOD IN QUESTION IS CONSIDERED TO BE WITHIN THE PURVIEW OF THE REGULATIONS. THE VOUCHER IS RETURNED AND PAYMENT THEREON IS AUTHORIZED IF OTHERWISE CORRECT.