B-144677, JAN. 3, 1961
Highlights
REQUESTS REVIEW OF THE DISALLOWANCE OF YOUR CLAIM BY OUR OFFICE FOR ADDITIONAL PER DIEM WHILE YOU WERE ATTENDING A COURSE OF INSTRUCTION AT WRIGHT-PATTERSON AIR FORCE BASE. GOVERNMENT TO REFUSE REIMBURSEMENT OF $12.00 PER DIEM AFTER GOVERNMENT QUARTERS WERE REFUSED THE EMPLOYEE.'. SINCE THE RECORD INCLUDES A REPORT FROM THE ADMINISTRATIVE AGENCY THAT "THE CHOICE NOT TO OCCUPY GOVERNMENT QUARTERS BY THE EMPLOYEE (ONLY) WAS APPARENTLY ONE OF A PERSONAL NATURE. * * *" WE DO NOT UNDERSTAND YOUR ASSERTION THAT "* * * GOVERNMENT QUARTERS WERE REFUSED THE EMPLOYEE * * *" BECAUSE YOU WERE ADVISED PRIOR TO YOUR DEPARTURE THAT FAMILY-TYPE HOUSING WAS NOT AVAILABLE AT WRIGHT-PATTERSON AIR FORCE BASE.
B-144677, JAN. 3, 1961
TO MR. LEON FRIED:
YOUR LETTER OF NOVEMBER 29, 1960, REQUESTS REVIEW OF THE DISALLOWANCE OF YOUR CLAIM BY OUR OFFICE FOR ADDITIONAL PER DIEM WHILE YOU WERE ATTENDING A COURSE OF INSTRUCTION AT WRIGHT-PATTERSON AIR FORCE BASE, OHIO. SPECIFICALLY YOU REQUEST A DETERMINATION OF THE "LEGALITY OF THE U.S. GOVERNMENT TO REFUSE REIMBURSEMENT OF $12.00 PER DIEM AFTER GOVERNMENT QUARTERS WERE REFUSED THE EMPLOYEE.'
ACCORDING TO THE RECORD BEFORE US, YOUR TRAVEL ORDERS PROVIDED FOR YOUR OCCUPANCY OF GOVERNMENT-OWNED QUARTERS AND ALSO PROVIDED THAT YOU WOULD BE PAID PER DIEM AT THE RATE OF $6 PER DAY. SINCE THE RECORD INCLUDES A REPORT FROM THE ADMINISTRATIVE AGENCY THAT "THE CHOICE NOT TO OCCUPY GOVERNMENT QUARTERS BY THE EMPLOYEE (ONLY) WAS APPARENTLY ONE OF A PERSONAL NATURE, * * *" WE DO NOT UNDERSTAND YOUR ASSERTION THAT "* * * GOVERNMENT QUARTERS WERE REFUSED THE EMPLOYEE * * *" BECAUSE YOU WERE ADVISED PRIOR TO YOUR DEPARTURE THAT FAMILY-TYPE HOUSING WAS NOT AVAILABLE AT WRIGHT-PATTERSON AIR FORCE BASE.
ON THE PRESENT RECORD THERE IS NO LEGAL BASIS FOR THE PAYMENT OF ADDITIONAL PER DIEM. THEREFORE, OUR OFFICE SETTLEMENT OF NOVEMBER 4, 1960, WHICH DISALLOWED YOUR CLAIM MUST BE, AND IS, SUSTAINED.