B-129483, OCT. 30, 1956
Highlights
BRAMHAM: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 1. ON THAT DATE THE MAXIMUM RATE SPECIFIED BY THE CIVILIAN PERSONNEL REGULATIONS WAS $9 PER DIEM AND WITHOUT AN AMENDMENT TO THE TRAVEL ORDERS EITHER OF A GENERAL OR SPECIAL NATURE BY THE DEPARTMENT OR AGENCY CONCERNED NO HIGHER RATE MAY BE RECOGNIZED. AGENCY ACTION INCREASING THE RATE FOR THE EMPLOYEE INVOLVED IS REQUIRED BEFORE A HIGHER RATE BECOMES EFFECTIVE. TRAVEL ORDERS IN EFFECT SHOULD BE EXAMINED AND WHERE INCREASE IN THE RATE OF PER DIEM SPECIFIED AT THE TIME THE ORDERS WERE ISSUED IS WARRANTED. THE FACT THAT THE ADMINISTRATIVE OFFICIALS CONCERNED MAY HAVE INTENDED THAT YOU BE GRANTED THE INCREASED RATE IN PER DIEM STARTING JULY 29.
B-129483, OCT. 30, 1956
TO MRS. GENEVIEVE A. BRAMHAM:
REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 1, 1956, REQUESTING REVIEW OF OUR SETTLEMENT WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE DURING THE PERIOD FROM JULY 29 THROUGH AUGUST 16, 1955, WHILE ON TEMPORARY DUTY AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY AWAY FROM YOUR PERMANENT DUTY STATION AT THE PENTAGON, WASHINGTON, D.C.
IT APPEARS THAT YOUR TRAVEL ORDER DATED JULY 6, 1955, AUTHORIZED THE MAXIMUM PER DIEM RATE UNDER CPR T3.4-4. ON THAT DATE THE MAXIMUM RATE SPECIFIED BY THE CIVILIAN PERSONNEL REGULATIONS WAS $9 PER DIEM AND WITHOUT AN AMENDMENT TO THE TRAVEL ORDERS EITHER OF A GENERAL OR SPECIAL NATURE BY THE DEPARTMENT OR AGENCY CONCERNED NO HIGHER RATE MAY BE RECOGNIZED. ALTHOUGH THE ACT OF JULY 28, 1955, 69 STAT. 393, AUTHORIZED AN INCREASE IN THE MAXIMUM PER DIEM RATE FROM $9 TO $12 PER DAY, THE PROVISIONS OF THAT ACT DID NOT BECOME EFFECTIVE AUTOMATICALLY. AGENCY ACTION INCREASING THE RATE FOR THE EMPLOYEE INVOLVED IS REQUIRED BEFORE A HIGHER RATE BECOMES EFFECTIVE. SEE 35 COMP. GEN. 148.
SO FAR AS MATERIAL HERE, THE ARMY REGULATIONS (CHANGE 7, CPR T3, DATED AUGUST 11, 1955), RELATING TO CHANGE IN PER DIEM RATES FOR TRAVEL PERFORMED WITHIN THE UNITED STATES, READS AS FOLLOWS:
"2. TRAVEL ORDERS IN EFFECT SHOULD BE EXAMINED AND WHERE INCREASE IN THE RATE OF PER DIEM SPECIFIED AT THE TIME THE ORDERS WERE ISSUED IS WARRANTED, AMENDED ORDERS SHOULD BE ISSUED. AN INCREASED RATE MAY BE AUTHORIZED ONLY FROM THE DATE OF AMENDMENT OF TRAVEL ORDERS.'
THE FACT THAT THE ADMINISTRATIVE OFFICIALS CONCERNED MAY HAVE INTENDED THAT YOU BE GRANTED THE INCREASED RATE IN PER DIEM STARTING JULY 29, 1955, WOULD BE WITHOUT EFFECT SINCE THE AGENCY'S REGULATIONS AUTHORIZING SUCH INCREASE WERE NOT PROMULGATED UNTIL AUGUST 11, 1955. FURTHERMORE, THERE WOULD BE NO AUTHORITY TO PAY YOU THE INCREASED RATE OF PER DIEM FOR THE PERIOD SUBSEQUENT TO AUGUST 11, 1955, UNLESS YOUR ORDERS WERE AMENDED ON THAT DATE SINCE IT IS A WELL ESTABLISHED RULE THAT THE RATE OF PER DIEM FIXED BY TRAVEL ORDERS MAY NOT BE INCREASED RETROACTIVELY. CF. 28 COMP. GEN. 732.
ACCORDINGLY, WE REGRET TO INFORM YOU THAT, UPON THE BASIS OF THE PRESENT RECORD, OUR SETTLEMENT OF APRIL 6, 1956, MUST BE SUSTAINED.