B-172180, MAY 3, 1971

B-172180, MAY 3, 1971

CIVILIAN EMPLOYEE - REDUCED PER DIEM ADVANCED DECISION HOLDING THAT RUDOLPH C. BARTZ, AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, MAY BE PAID AN ADDITIONAL $13.20 PER DIEM INCIDENT TO ATTENDING A TRAINING COURSE AT FORT LEE, VIRGINIA. BECAUSE PARAGRAPH C8101-2H OF THE JTR IN EFFECT AT THE TIME OF TRAVEL CONTAINED NO PRESCRIBED REDUCED RATE PERTAINING TO FORT LEE AND DID NOT PROVIDE AUTHORITY FOR THE COMMANDING OFFICER TO INDEPENDENTLY ESTABLISH A REDUCED PER DIEM RATE, THE $11.80 PER DAY PAID CLAIMANT WAS IMPROPER. CLAIMANT WAS ENTITLED TO $25 PER DIEM IN LIEU OF SUBSISTENCE AND THEREFORE THE VOUCHER FOR AN ADDITIONAL $13.20 PER DAY MAY BE PAID.

TO MR. EUGENE J. ROGERS:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 6, 1970, REFERENCE SMUAP CA, FORWARDED HERE BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE ON MARCH 11, 1971, PDTATAC CONTROL NO. 71-15, FOR AN ADVANCE DECISION WHETHER A VOUCHER COVERING ADDITIONAL PER DIEM MAY BE PAID TO MR. RUDOLPH C. BARTZ, AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, INCIDENT TO ATTENDING A TRAINING COURSE.

THE INFORMATION OF RECORD SHOWS THAT MR. BARTZ BY TRAVEL ORDER DATED JANUARY 13, 1970, WAS AUTHORIZED TO TRAVEL FROM HIS HEADQUARTERS IN JOILET, ILLINOIS, TO FORT LEE, VIRGINIA, TO ATTEND A TRAINING COURSE FOR APPROXIMATELY 135 DAYS. PROVISION FOR PER DIEM AUTHORIZED IN ACCORDANCE WITH THE JOINT TRAVEL REGULATIONS WAS MARKED OUT AND ANOTHER RATE OF PER DIEM WAS SPECIFIED IN REMARKS AS FOLLOWS: "EXPENDITURES NOT TO EXCEED $1,836.00 OR 11.80 PER DAY CHARGEABLE TO USALMC FUNDS CITED IN BLOCK 19." THE FOLLOWING PHRASE UNDER REMARKS WAS MARKED OUT: "PER DIEM OF $13.20 IS CHARGEABLE TO APSA FUNDS NOT TO EXCEED $1,755.60." MR. BARTZ OCCUPIED COMMERCIAL QUARTERS AND WAS REIMBURSED AT A PER DIEM RATE OF $11.80 AND IS NOW CLAIMING AN ADDITIONAL PER DIEM RATE OF $13.20.

IT IS STATED THAT MR. BARTZ ELECTED TO LIVE OFF-POST BEFORE THE OFFICIAL TRAVEL AUTHORIZATION WAS PROCESSED, AND OCCUPANCY OF GOVERNMENT QUARTERS WAS NOT ONE OF THE REQUIREMENTS FOR ATTENDING THE COURSE. SINCE THE EMPLOYEE'S FAMILY ACCOMPANIED HIM FOR THE TENURE OF HIS TEMPORARY DUTY, THE DEFENSE SUPPLY AGENCY DETERMINED THAT THE MOST REASONABLE RATE TO ALLOW UNDER THE CIRCUMSTANCES WAS $11.80 PER DAY. THIS REPRESENTED $4 FOR HOUSING, $6 FOR FOOD, AND $1.80 FOR INCIDENTALS FOR THE EMPLOYEE.

PARAGRAPH C 8101-2H OF THE JOINT TRAVEL REGULATIONS, VOLUME 2, CHANGE 53, DATED FEBRUARY 1, 1970, IN EFFECT AT THE TIME OF THE TRAVEL PROVIDES AS FOLLOWS:

"H. PER DIEM RATES AT CERTAIN TRAINING COURSES.

SPECIFIC PER DIEM RATES ARE PRESCRIBED IN APPENDIX C, PART III, WHICH ARE APPLICABLE WHILE ATTENDING TRAINING COURSES AT DESIGNATED LOCATIONS. THE RATES ARE ESTABLISHED IN ACCORDANCE WITH PAR. C 8051-5 AND AUTHORITY CONTAINED IN 5 U.S.C. 4109."

PARAGRAPH C 8051-5 IN EFFECT AT THE TIME OF THE TRAVEL PROVIDED THAT THE ACTIVITY RESPONSIBLE FOR ARRANGING THE SCHOOLING WOULD PRESCRIBE THE APPROPRIATE PER DIEM RATE. THE INVITATIONS, ANNOUNCEMENTS, OR DIRECTIVES RELATING THERETO WOULD INCLUDE INFORMATION AND INSTRUCTIONS REGARDING THE AVAILABILITY OF LOCAL FACILITIES AND ARRANGEMENTS MADE FOR THEIR USE. PARAGRAPH C 8051-5 DOES NOT PROVIDE AUTHORITY FOR THE LOCAL COMMANDING OFFICER TO INDEPENDENTLY ESTABLISH A REDUCED PER DEIM RATE INCIDENT TO ATTENDANCE AT A TRAINING COURSE, BUT PROVIDES THAT THE "RATE MAY BE THAT ESTABLISHED IN APPENDIX C FOR THE LOCALITY INVOLVED, OR A DIFFERENT RATE IF SPECIAL ARRANGEMENTS HAVE BEEN MADE IN ADVANCE FOR QUARTERS AND MEALS AT A SPECIFIC RATE." DURING THE PERIOD IN QUESTION, THERE WAS NO PRESCRIBED REDUCED RATE CITED IN APPENDIX C, PART III, PERTAINING TO FORT LEE, AND WE FIND NOTHING IN THE RECORD TO INDICATE THAT SPECIAL ARRANGEMENTS HAD BEEN MADE FOR QUARTERS AND MEALS.

PARAGRAPH C 8101 IN EFFECT DURING THE PERIOD COVERED BY THE VOUCHER HERE INVOLVED PRESCRIBED A PER DIEM IN LIEU OF SUBSISTENCE RATE OF $25 PER DAY FOR ALL TRAVEL AND TEMPORARY DUTY. SUCH RATE MUST BE VIEWED AS APPLICABLE UNLESS A REDUCED RATE HAD BEEN ESTABLISHED AS AUTHORIZED BY THE REGULATIONS. AS ABOVE INDICATED, A REDUCED RATE HAD NOT BEEN DULY PRESCRIBED.

IN OUR DECISION B-168758 OF FEBRUARY 12, 1970, 49 COMP. GEN. 493, WE HELD THAT REGULATIONS OF THE DEFENSE CONTRACT AUDIT AGENCY, DEFENSE SUPPLY AGENCY, PROVIDING FOR THE PAYMENT OF A PER DIEM LESS THAN $25, COULD NOT BE GIVEN EFFECT SINCE THEY WERE NOT ISSUED IN ACCORD WITH AUTHORITY CONTAINED IN THE JOINT TRAVEL REGULATIONS. WE SEE NO REASON WHY THAT CONCLUSION WOULD NOT BE APPLICABLE HERE.

THEREFORE, THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE PAID IF OTHERWISE CORRECT.