Request for Reconsideration

A Government employee requested reconsideration of a decision denying his claim for a waiver of indebtedness for erroneous per diem payments he received while performing temporary duty at a location which became his permanent duty station. The employee contended that it was unjust that he be held financially responsible to repay the amount when the payments were authorized by persons responsible for the payment of travel funds. Because he believed it was inequitable for the Government to require him to bear the temporary duty costs he incurred, he requested that the matter be submitted to Congress under the Meritorious Claims Act. It is well established that an employee on temporary duty is not entitled to per diem at his temporary duty station from the date he is notified that such station is to become his permanent station. Since the employee was issued permanent change of station orders which notified him that his temporary station would become permanent, there was no legal basis for finding that he was entitled to per diem for any of the period worked after this notification. Further, the Government is not bound by the erroneous authorization of its officers or employees, and any payments so made are recoverable. Because the employee's case did not contain equities of an unusual nature which were likely to reoccur, it was not appropriate for reporting to Congress under the Meritorious Claims Act. Accordingly, the previous decision was sustained.