B-128253, AUG. 2, 1956

B-128253, AUG. 2, 1956

TO MR. C. LOSCHIAVO, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF COMMERCE:

YOUR LETTER OF JUNE 11, 1956, REFERENCE A-3.32, SUBMITTING A RECLAIM VOUCHER FROM MR. JAMES C. Y. KIM IN THE AMOUNT OF $3, REQUESTS OUR DECISION AS TO THE PROPER RATE OF PER DIEM PAYABLE TO MR. KIM UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED.

THE RECORD SHOWS THAT MR. KIM WAS APPOINTED FOR DUTY WITH TRAVEL AUTHORIZED FROM HIS PLACE OF RESIDENCE AT HONOLULU, TERRITORY OF HAWAII, TO PONAPE, TRUST TERRITORY, HIS DUTY STATION, VIA HILO, TERRITORY OF HAWAII, FOR A PERIOD OF TRAINING. HE CLAIMED PER DIEM AT THE RATE OF $12, THE RATE AUTHORIZED IN THE TRAVEL ORDERS FOR HAWAII, SO AS TO INCLUDE THE TIME SPENT IN TRAVELING BY COMMERCIAL PLANE BETWEEN HONOLULU AND HILO ON MARCH 13 AND APRIL 10, 1956. YOU SAY THAT THE RATE (PER DIEM IN LIEU OF SUBSISTENCE) BY COMMERCIAL PLANE BETWEEN THOSE POINTS INVOLVED OCEAN TRAVEL WITH A MAXIMUM OF $9 PER DIEM AND THAT, BECAUSE OF THE DIFFERING MAXIMUM PER DIEM RATES INVOLVED, I.E. $12 AND $9, IT WAS ADMINISTRATIVELY DETERMINED THAT THE PROPER PER DIEM RATE WAS $6 AS PRESCRIBED BY PARAGRAPH 45 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, WHICH RATE WAS INCLUDED IN THE TRAVEL ORDERS. ACCORDINGLY, THE CLAIM WAS ADMINISTRATIVELY REDUCED FOR THE TRAVEL BY COMMERCIAL PLANE IN THE TERRITORY OF HAWAII ON MARCH 13 AND APRIL 10, 1956.

THE TRAVEL ORDERS PROVIDED FOR THE FOLLOWING PER DIEM RATES:

"IN FLIGHT ON COMMERCIAL PLANE: $6.00 EN ROUTE AND FOR STOPOVERS OF LESS THAN 6 HOURS; OTHERWISE AS SHOWN FOR GUAM AND HAWAII. ON GOVERNMENT-OWNED AIRCRAFT: $9.00 IN HAWAII: $12.00 FOR THE FIRST 30 DAYS IN ADDITION TO THE DAY OF ARRIVAL IN ANY ONE LOCALITY; $10.00 THEREAFTER. ON GUAM: $12.00"

PARAGRAPH 45, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS REVISED BY TRANSMITTAL MEMORANDUM NO. 5, JULY 28, 1955, BUDGET CIRCULAR NO. A 7, PROVIDES IN PERTINENT PART AS FOLLOWS:

"45. RATES OF PER DIEM.--- THE PER DIEM ALLOWANCE PROVIDED IN THESE REGULATIONS REPRESENT THE MAXIMUM ALLOWABLE, NOT THE MINIMUM. IT IS THE RESPONSIBILITY OF EACH DEPARTMENT AND ESTABLISHMENT TO SEE THAT TRAVEL ORDERS AUTHORIZE ONLY SUCH PER DIEM ALLOWANCES AS ARE JUSTIFIED BY THE CIRCUMSTANCES AFFECTING THE TRAVEL. TO THIS END, CARS SHOULD BE EXERCISED TO PREVENT THE FIXING OF A PER DIEM ALLOWANCE IN EXCESS OF THAT REQUIRED TO MEET THE NECESSARY AUTHORIZED EXPENSES.

"FOR TRAVEL ON OFFICIAL BUSINESS BEYOND THE LIMITS OF THE CONTINENTAL UNITED STATES, A PER DIEM ALLOWANCE MAY BE AUTHORIZED OR APPROVED AT NOT TO EXCEED THE RATES PRESCRIBED IN APPENDIX 1 (REVISED) TO THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, CONTAINING THE PER DIEM RATES FOR TRAVEL BEYOND THE LIMITS OF THE CONTINENTAL UNITED STATES, PROMULGATED AS ATTACHMENT A TO BUDGET CIRCULAR NO. A-7, REVISED, AS AMENDED BY TRANSMITTAL MEMORANDUM. FOR TRAVEL BY COMMERCIAL PASSENGER AIRCRAFT INVOLVING AREAS OUTSIDE THE CONTINENTAL UNITED STATES WITH DIFFERENT MAXIMUM PER DIEM RATES, INCLUDING STOPOVERS INVOLVING LESS THAN SIX HOURS, A MAXIMUM RATE OF $6 IS PRESCRIBED.'

FOR TRAVEL BEYOND THE LIMITS OF THE UNITED STATES, A PER DIEM ALLOWANCE AT NOT TO EXCEED THE RATES ESTABLISHED BY THE DIRECTOR OF THE BUREAU OF THE BUDGET MAY BE PRESCRIBED. 31 COMP. GEN. 71. BY TRANSMITTAL MEMORANDUM NO. 6, DATED SEPTEMBER 19, 1955, BUDGET CIRCULAR NO. A-7, THE DIRECTOR, BUREAU OF THE BUDGET, AUTHORIZED A NEW MAXIMUM RATE FOR HAWAII OF $15, EFFECTIVE SEPTEMBER 26, 1955.

SINCE UNDER THE TRAVEL ORDERS HERE INVOLVED THE ADMINISTRATIVE OFFICE FIXED ONLY ONE PER DIEM RATE FOR HAWAII, AND SINCE THE TRAVEL CONCERNED DID NOT INVOLVE DIFFERENT AREAS WITH DIFFERENT MAXIMUM PER DIEM RATES BUT WAS PERFORMED WITHIN THE SAME AREA COVERED BY THE SAME RATE, IT MUST BE CONCLUDED THAT THE $12 RATE IS PROPER FOR THE TRAVEL PERFORMED BY COMMERCIAL PLANE ON MARCH 13 AND APRIL 10, 1956. CF. B 122674, MARCH 18, 1955; 29 COMP. GEN. 202.

ACCORDINGLY, THE VOUCHER, WITH RELATED PAPERS, IS RETURNED HEREWITH AND IT MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.