B-174724, FEB 3, 1972

B-174724, FEB 3, 1972

CIVILIAN EMPLOYEES - PER DIEM - ENTITLEMENT DECISION DENYING CLAIMS FOR ADDITIONAL PER DIEM ON BEHALF OF 12 EMPLOYEES OF THE RED RIVER ARMY DEPOT, TEXARKANA, TEX. ALTHOUGH THE PER DIEM RATES MAY HAVE BEEN MISREPRESENTED TO THE CLAIMANTS, THE UNITED STATES IS NOT BOUND BY THE UNAUTHORIZED ACTS OF ITS OFFICERS AND EMPLOYEES AND, SINCE CLAIMANTS WERE PAID PER DIEM AS PRESCRIBED BY APPENDIX C, PART III, JTR, THE CLAIMS MUST BE DISALLOWED.

TO NEWMAN, SMITH & BRITT:

AT THE REQUEST OF CONGRESSMAN WRIGHT PATMAN, AND IN ACCORDANCE WITH YOUR LETTER OF OCTOBER 18, 1971, WE HAVE REVIEWED OR INITIALLY CONSIDERED THE CLAIMS FOR ADDITIONAL PER DIEM OF YOUR FOLLOWING-LISTED CLIENTS, EMPLOYEES OF THE RED RIVER ARMY DEPOT, TEXARKANA, TEXAS:

CLAIMANT PERIOD AMOUNT

JOHN S. WILLIAMS APRIL 26 - JUNE 17, 1970 $509.25

CHARLES SISK MAY 18 - JULY 11, 1970 531.25

JERRY L. DILL MAY 18 - JULY 11, 1970 531.25

CHARLES H. SASSER JUNE 18 - AUGUST 8, 1970 498.25

ROY COLEMAN JUNE 18 - AUGUST 8, 1970 498.25

WILLIAM E. EDWARDS JUNE 18 - AUGUST 8, 1970 498.25

PAUL A. WOMACK JUNE 4 - JULY 25, 1970 498.25

TOM W. STOVALL JUNE 18 - AUGUST 8, 1970 498.25

DON M. GAUNTT JUNE 18 - AUGUST 8, 1970 498.25

DOYLE R. ADDINGTON APRIL 26 - JUNE 17, 1970 509.25

KENDRICKS F. JONES JUNE 18 - AUGUST 8, 1970 498.25

CHARLES E. BRADFORD JUNE 4 - JULY 25, 1970 498.25

THE RECORD INDICATES THAT PURSUANT TO TRAVEL ORDER NO. C-357-70, APRIL 10, 1970, MR. WILLIAMS ATTENDED A TRAINING COURSE AT THE ARMY ORDNANCE GUIDED MISSILE SCHOOL, REDSTONE ARSENAL, ALABAMA, FROM APRIL 26, 1970, TO JUNE 17, 1970. THE TRAVEL ORDER AUTHORIZED PER DIEM IN ACCORDANCE WITH JTR (JOINT TRAVEL REGULATIONS) AND SHOWED AN ESTIMATED COST OF $1,325 FOR PER DIEM. PAYMENT WAS MADE AT THE RATE OF $16 PER DAY FOR THE FIRST 30 DAYS AND AT THE RATE OF $14 PER DAY THEREAFTER IN ACCORDANCE WITH JTR, VOLUME 2, APPENDIX C, PART III. MR. WILLIAMS STATED THAT HE WAS NOT INFORMED ABOUT THE REDUCED PER DIEM RATES AT THE SCHOOL AND CLAIMED $509.25 ADDITIONAL PER DIEM WHICH IS THE DIFFERENCE BETWEEN PER DIEM AT THE $25 MAXIMUM RATE OF PER DIEM LESS THE AMOUNT PREVIOUSLY PAID. HIS CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION. THE REMAINING CLAIMS, WHICH ARE SIMILAR TO THE CLAIM OF MR. WILLIAMS, WERE NOT PAID OR FORWARDED TO OUR OFFICE UNTIL DECEMBER 21, 1971, SINCE THE ADMINISTRATIVE OFFICE HELD THERE WAS NO BASIS FOR PAYMENT IN VIEW OF THE DISALLOWANCE OF THE CLAIM FROM MR. WILLIAMS. THE EMPLOYEES STATE THEY WERE ADVISED PRIOR TO THEIR TRAINING THAT THEY WOULD RECEIVE PER DIEM AT THE RATE OF $25 PER DAY AND ESTIMATED COSTS WERE BASED ON SUCH RATE. THEY, THEREFORE, ASSERT THAT THE GOVERNMENT IS ESTOPPED FROM PAYING THEM PER DIEM AT A RATE LOWER THAN $25 PER DAY.

PARAGRAPH C8101H (LATER REDESIGNATED C8101I), JTR, VOLUME 2, 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."

DURING THE PERIOD INVOLVED, THE PER DIEM RATES PRESCRIBED IN APPENDIX C, PART III, FOR ATTENDANCE OF EMPLOYEES AT THE ARMY ORDNANCE GUIDED MISSILE SCHOOL WERE $16 PER DAY FOR THE FIRST 30 DAYS AND $14 PER DAY THEREAFTER.

IN THE INSTANT CASES, THE CLAIMANTS WERE PAID AT THE DESIGNATED RATES AND WE HAVE BEEN UNABLE TO FIND ANY OTHER PROVISIONS IN THE GOVERNING REGULATIONS WHICH WOULD PERMIT PAYMENT AT ANY HIGHER RATE. B-162142, AUGUST 18, 1967, COPY ENCLOSED. ALSO, IT IS WELL ESTABLISHED THAT THE UNITED STATES IS NOT BOUND BY THE UNAUTHORIZED ACTS OF ITS OFFICERS AND EMPLOYEES. SEE B-171592, FEBRUARY 26, 1971, COPY ENCLOSED, AND AUTHORITIES CITED THEREIN. THEREFORE, REGARDLESS OF ANY REPRESENTATIONS MADE TO THE CLAIMANTS AND THE ESTIMATED COSTS APPEARING ON THEIR TRAVEL ORDERS, THERE IS NO BASIS TO AUTHORIZE OR PAY PER DIEM AT A RATE HIGHER THAN THAT IN THE GOVERNING REGULATIONS.

THE DISALLOWANCE OF THE CLAIM OF MR. WILLIAMS IS SUSTAINED AND THE CLAIMS OF THE OTHER EMPLOYEES ARE DISALLOWED.