B-164864, NOV. 19, 1968

B-164864, NOV. 19, 1968

TO MR. ALTON B. CRUMPLER:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 1, 1968, CONCERNING OUR CLAIMS DIVISION SETTLEMENT OF JUNE 7, 1968, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE UNDER TRAVEL ORDER NO. T- 474-67, DATED AUGUST 15, 1966, AS AN EMPLOYEE OF THE U.S. NAVAL OCEANOGRAPHIC OFFICE.

THE TRAVEL ORDER AUTHORIZED YOU TO TRAVEL FROM WASHINGTON, D.C., TO TALLAHASSEE, FLORIDA, ON OR ABOUT AUGUST 22, 1966, FOR THE PURPOSE OF GRADUATE STUDIES AT FLORIDA STATE UNIVERSITY AND TO RETURN TO WASHINGTON ON OR ABOUT AUGUST 20, 1967. IN ACCORDANCE WITH YOUR TRAVEL ORDER YOU WERE PAID PER DIEM FOR 6 DAYS, THE TRAVEL TIME TO AND FROM TALLAHASSEE BY PRIVATELY OWNED CONVEYANCE. YOU BELIEVE YOU ARE ENTITLED TO PER DIEM FOR THE PERIOD OF YOUR STUDIES IN ADDITION TO THAT ALREADY PAID. YOU ALSO ASK WHETHER YOU ARE ENTITLED TO MOVING EXPENSES.

PAYMENT OF THE EXPENSES FOR YOUR STUDIES ARE GOVERNED BY SECTION 10 OF THE GOVERNMENT EMPLOYEES TRAINING ACT, 5 U.S.C. 2309 (1964 ED.) NOW 5 U.S.C. 4109. UNDER THAT ACT THE HEAD OF AN AGENCY, UNDER CONDITIONS PRESCRIBED BY THE CIVIL SERVICE COMMISSION, MAY PAY OR REIMBURSE THE EMPLOYEE FOR ALL OR A PART OF THE NECESSARY EXPENSES OF TRAINING, INCLUDING THE NECESSARY COSTS OF (A) TRAVEL AND PER DIEM OR (B)TRANSPORTATION OF IMMEDIATE FAMILY, HOUSEHOLD GOODS AND PERSONAL EFFECTS, ETC., WHEN THE ESTIMATED COSTS OF TRANSPORTATION AND RELATED SERVICES ARE LESS THAN THE ESTIMATED PER DIEM PAYMENTS FOR THE TRAINING PERIOD.

THE FEDERAL PERSONNEL MANUAL, CHAPTER 410, SUBCHAPTER 6, PROVIDES IN PERTINENT PART AS FOLLOWS:

"6-1. AUTHORITY TO PAY TRAINING EXPENSES

"THE HEAD OF EACH DEPARTMENT HAS THE AUTHORITY TO DETERMINE WHAT ARE NECESSARY TRAINING EXPENSES AND TO PAY THOSE TRAINING EXPENSES FROM FUNDS APPROPRIATED OR OTHERWISE AVAILABLE TO HIS DEPARTMENT.

"6-2. AUTHORIZED TRAINING EXPENSES

"A. EXPENSES INCLUDED. TRAINING EXPENSES FOR WHICH PAYMENT IS AUTHORIZED INCLUDE ALL OR ANY PART OF THOSE LISTED IN THIS SECTION. * * *

"C. TRAVEL AND PER DIEM. TRAVEL AND PER DIEM IN LIEU OF SUBSISTENCE MAY BE PAID IN ACCORDANCE WITH THE TRAVEL EXPENSE ACT OF 1949, AS AMENDED, AND THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, * * *

"D. TRANSPORTATION COSTS. TRANSPORTATION OF IMMEDIATE FAMILY, HOUSEHOLD GOODS AND PERSONAL EFFECTS, PACKING, CRATING, TEMPORARY STORAGE, DRAYAGE, AND UNPACKING MAY BE PAID IN ACCORDANCE WITH THE FIRST SECTION OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, AND EXECUTIVE ORDER 9805, AS AMENDED * * * WHENEVER THE ESTIMATED COSTS OF SUCH TRANSPORTATION AND RELATED SERVICES ARE LESS THAN THE ESTIMATED AGGREGATE PER DIEM PAYMENTS FOR THE PERIOD OF TRAINING.

"6-3. PROTECTION OF GOVERNMENT'S INTERESTS

"THE HEAD OF EACH DEPARTMENT IS REQUIRED TO ESTABLISH THE PROCEDURE HE CONSIDERS NECESSARY TO PROTECT THE GOVERNMENT'S INTERESTS * * *. THEY MAY WISH, FOR EXAMPLE, TO PAY FOR CERTAIN TYPES OF TRAINING (E.G., CORRESPONDENCE COURSES) ONLY UPON COMPLETION OF THE TRAINING, OR TO REQUIRE EMPLOYEES TO SHARE THE COSTS OF TRAINING UNDER CERTAIN CIRCUMSTANCES. * * *"

UNDER REGULATIONS ISSUED UNDER AUTHORITY DELEGATED BY THE SECRETARY OF THE NAVY, COMMANDING OFFICERS WILL INSURE THAT THE INTERESTS OF THE GOVERNMENT ARE FULLY PROTECTED IN MAKING PAYMENTS OR REIMBURSEMENTS FOR NECESSARY EXPENSES FOR TRAINING OF EMPLOYEES. NCPI 410.3-9.A (3). INSTRUCTIONS CONCERNING TRAVEL, PER DIEM, TRAVEL OF DEPENDENTS AND MOVEMENT OF HOUSEHOLD GOODS CONTAINED IN PARAGRAPH C3052, VOLUME II, JOINT TRAVEL REGULATIONS, IMPLEMENT THE STATUTE AND REGULATIONS CITED ABOVE.

WE HAVE BEEN ADVISED BY THE OFFICE OF CIVILIAN MANPOWER MANAGEMENT, DEPARTMENT OF THE NAVY, THAT IT WAS AND IS THE POLICY OF THE NAVAL OCEANOGRAPHIC OFFICE TO PAY PER DIEM ONLY FOR THE PERIOD WHILE THE EMPLOYEE IS TRAVELING TO AND FROM THE TRAINING AND NOT DURING THE PERIOD OF THE TRAINING. THIS IS A VALID EXERCISE OF ADMINISTRATIVE DISCRETION UNDER THE CONTROLLING STATUTE AND REGULATIONS WHICH PERMIT THE PAYMENT OF ALL OR A PART OF THE EXPENSES OF TRAINING. IN ACCORDANCE WITH THE POLICY OF YOUR OFFICE YOU WERE AUTHORIZED AND PAID PER DIEM ONLY FOR THE PERIOD OF TRAVEL TO AND FROM YOUR TRAINING SITE.

MOVING EXPENSES INCIDENT TO TRAINING MAY ONLY BE AUTHORIZED IN LIEU OF PER DIEM PAYMENTS WHEN THE ESTIMATED COSTS OF THOSE EXPENSES ARE LESS THAN THE ESTIMATED PER DIEM PAYMENTS FOR THE TRAINING PERIOD. MOREOVER, THERE IS NO MANDATORY RIGHT TO PAYMENT OF MOVING EXPENSES INCURRED INCIDENT TO AN AUTHORIZED TRAINING PERIOD. YOUR AGENCY DID NOT AUTHORIZE REIMBURSEMENT FOR MOVING EXPENSES IN YOUR CASE.

IN VIEW OF THE ABOVE THE DISALLOWANCE OF YOUR CLAIM MUST BE AND IS SUSTAINED.