Claim for Per Diem

A former customs inspector requested reconsideration of the Claims Division denial of his claim for per diem incident to a temporary duty assignment for the period July 6, 1971, through October 1, 1971. The employee also claimed travel pay incident to certain overtime assignments for the period May 28, 1966, through November 3, 1971. The employee voluntarily traveled directly from his residence to the temporary work place without first reporting daily to headquarters because the temporary duty station was closer to the employee's home than headquarters. The agency approved the direct travel, but advised him that per diem was not authorized. For additional personal convenience, the employee obtained temporary lodging near the temporary duty station, and subsequently claimed reimbursement. The agency expressly refused to authorize per diem for the claimant. It has been held that administrative officials may, in the exercise of their discretion, refuse reimbursement for expenses incurred for travel from an employee's home to a nearby temporary duty station if such expenses do not exceed normal commuting costs. The claimant obtained temporary lodging with the full awareness that his expenses would not be reimbursed by the agency. It was found that the agency denial of per diem was a proper exercise of discretion, and the disallowance of the claim was sustained. With respect to the employee's separate claim for overtime pay and travel expenses, the claimant was advised that a letter of referral from the Claims Division instructed the agency to take appropriate administrative action on the claim and that a GAO review could be requested if he was dissatisfied with the agency's settlement. Since there was no written record from the agency or adequate evidence from the claimant, there was no basis for settlement of the claim. Accordingly, GAO declined to take action regarding this claim.