B-162590, OCT. 24, 1967

B-162590, OCT. 24, 1967

PER DIEM - MILITARY PERSONNEL - RATES DECISION TO EMPLOYEE OF AIR FORCE CONCERNING RATE OF PER DIEM FOR EMPLOYEE DURING TEMPORARY DUTY AT ELMENDORF AIR FORCE BASE. EMPLOYEE WHO CLAIMS PER DIEM BASED ON $23 LOCALITY RATE APPLICABLE TO ANCHORAGE, ALASKA, BECAUSE OF PROXIMITY OF ELMENDORF AIR FORCE BASE TO ANCHORAGE RATHER THAN $19 RATE APPLICABLE TO "OTHER" AREAS IN ALASKA IS ONLY ENTITLED TO $19 RATE SINCE LOCALITY PER DIEM RATES PRESCRIBED BY BUREAU OF THE BUDGET ARE MAXIMUM RATES AND APPLY ONLY TO TRAVEL WITH IN THE LOCALITY SPECIFIED AND, THEREFORE, SINCE ELMENDORF IS NOT WITHIN THE CITY OF ANCHORAGE THE ANCHORAGE RATE OF $23 IS NOT AUTHORIZED.

TO MR. WILLIAM E. BRILL:

WE REFER TO YOUR LETTER OF SEPTEMBER 15, 1967, REQUESTING REVIEW OF OUR OFFICE SETTLEMENT DATED SEPTEMBER 5, 1967, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT OF ADDITIONAL PER DIEM AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE, MCCLELLAN AIR FORCE BASE, CALIFORNIA.

FROM DECEMBER 7, 1964, THROUGH AUGUST 19, 1966, YOU PERFORMED SEVERAL PERIODS OF TEMPORARY DUTY AT ELMENDORF AIR FORCE BASE, ALASKA. YOUR TRAVEL ORDERS DIRECTING SUCH DUTY AUTHORIZED PER DIEM IN ACCORDANCE WITH APPLICABLE ADMINISTRATIVE REGULATIONS. WHILE PERFORMING SUCH DUTY YOU OCCUPIED GOVERNMENT QUARTERS AT ELMENDORF AIR FORCE BASE.

DURING THE PERIOD OF YOUR TRAVEL THE FOLLOWING OVERSEAS LOCALITY PER DIEM RATES, PRESCRIBED BY THE DIRECTOR, BUREAU OF THE BUDGET IN APPENDIX I TO BUREAU OF THE BUDGET CIRCULAR A-7, WERE IN EFFECT:

MAXIMUM

PER DIEM

LOCALITY RATES

ALASKA

ANCHORAGE $23

COLD BAY 23

FAIRBANKS 23

JUNEAU 23

NOME 23

UMIAT 24

OTHER 19

PARAGRAPH 20 (G) OF CHAPTER 9, AIR FORCE MANUAL 40-10 AND PARAGRAPH C8101 -3D, VOLUME 2, JOINT TRAVEL REGULATIONS, APPLICABLE DURING THE PERIOD HERE INVOLVED, PROVIDED THAT THE PRESCRIBED PER DIEM RATE WILL NOT BE MORE THAN THREE-FIFTHS OF THE OVERSEAS LOCALITY PER DIEM RATE WHEN GOVERNMENT QUARTERS ARE USED WITH OR WITHOUT A CHARGE TO THE TRAVELER.

IN ACCORDANCE WITH THE REGULATIONS CITED ABOVE, YOUR ADMINISTRATIVE OFFICE COMPUTED YOUR PER DIEM AT THREE-FIFTHS OF THE $19 RATE APPLICABLE TO "OTHER" AREAS IN ALASKA. YOU BELIEVE THAT YOUR PER DIEM SHOULD HAVE BEEN BASED ON THE $23 LOCALITY RATE APPLICABLE TO ANCHORAGE BECAUSE OF THE PROXIMITY OF ELMENDORF AIR FORCE BASE TO THAT CITY.

THE LOCALITY PER DIEM RATES PRESCRIBED BY THE BUREAU OF THE BUDGET ARE MAXIMUM RATES AND APPLY ONLY TO TRAVEL WITHIN THE LOCALITIES SPECIFIED IN THE REGULATIONS. ELMENDORF AIR FORCE BASE IS NOT LOCATED WITHIN THE CITY OF ANCHORAGE AND WE HAVE NO BASIS FOR HOLDING THAT THE PER DIEM RATE PRESCRIBED FOR ANCHORAGE ($23) EXTENDED TO THE ADJACENT AREA OF ELMENDORF AIR FORCE BASE.

SINCE YOU OCCUPIED QUARTERS AT ELMENDORF AIR FORCE BASE, THE ACTION OF YOUR AGENCY IN USING THE PER DIEM RATE SPECIFIED FOR "OTHER" AREAS ($19) TO COMPUTE YOUR PER DIEM WAS PROPER. THEREFORE OUR SETTLEMENT OF SEPTEMBER 5 IS SUSTAINED.