B-148205, APR. 24, 1962

B-148205, APR. 24, 1962

TO WILLIAM H. QUASHA AND ASSOCIATES:

IN YOUR LETTER OF FEBRUARY 5, 1962, WITH ENCLOSURES, YOU REQUEST, AS ATTORNEY FOR ANTHONY (ANTONIO) J. SCHULTZ, FURTHER CONSIDERATION OF MR. SCHULTZ'S CLAIM AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE FOR PER DIEM IN LIEU OF SUBSISTENCE OR OTHER ALLOWANCES FROM SEPTEMBER 15, 1958, TO MARCH 7, 1959, WHICH WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF DECEMBER 26, 1961.

MR. SCHULTZ'S OFFICIAL PERMANENT DUTY STATION DURING THIS PERIOD WAS CLARK AIR FORCE BASE, THE PHILIPPINES. HE WAS ORALLY ORDERED TO REPORT ON SEPTEMBER 15, 1958, AT MANILA, FOR TEMPORARY DUTY. CLARK AIR FORCE BASE REMAINED HIS OFFICIAL PERMANENT DUTY STATION UNTIL HIS REASSIGNMENT ON MARCH 8, 1959, TO MANILA, WHICH THEN BECAME HIS OFFICIAL PERMANENT DUTY STATION. HE RESIDED AT THE SAME ADDRESS IN PASAY CITY, A SUBURB OF MANILA, BEFORE, DURING, AND AFTER THE PERIOD SEPTEMBER 15 - MARCH 7.

MR. SCHULTZ CLAIMS PER DIEM FROM SEPTEMBER 15 - MARCH 7 ON THE GROUND THAT HE WAS ON TEMPORARY DUTY AT MANILA DURING THIS TIME, AND FURTHER CLAIMS, IF NOT ENTITLED TO PER DIEM FOR THIS PERIOD, ALLOWANCES FOR THIS PERIOD EQUAL TO THOSE HE BEGAN TO RECEIVE UPON HIS REASSIGNMENT ON MARCH 8.

SECTION 215E OF THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS), THEN IN EFFECT, TL:SR-49, JANUARY 12, 1957, CONCERNING ALLOWANCES, DEFINES "POST" AS MEANING:

"* * * THE PERMANENT STATION OF AN EMPLOYEE, REGARDLESS WHETHER HE IS DETAILED ELSEWHERE OR RESIDES WITH THE AUTHORIZATION OR APPROVAL OF THE HEAD OF HIS AGENCY AT ANOTHER POINT.'

QUARTERS ALLOWANCES AND POST ALLOWANCES ARE DETERMINED BY THE RATE SET FOR AN EMPLOYEE'S PERMANENT STATION. DURING THE PERIOD INVOLVED, CLARK AIR FORCE BASE, WHICH IS LISTED AS ANGELES IN THE POST CLASSIFICATION AND PAYMENT TABLES, SECTION 920 OF THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS), HAS A CLASSIFICATION OF ZERO FOR A POST ALLOWANCE. THEREFORE, MR. SCHULTZ DID NOT RECEIVE A POST ALLOWANCE WHILE CLARK AIR FORCE BASE WAS HIS PERMANENT STATION. HE DID, HOWEVER, RECEIVE A QUARTERS ALLOWANCE. HE BEGAN RECEIVING THE POST ALLOWANCE FOR MANILA UPON HIS REASSIGNMENT ON MARCH 8, 1959, TO MANILA, WHICH THEN BECAME HIS PERMANENT STATION. ALSO, QUARTERS ALLOWANCE WAS THEREAFTER BASED ON THE FACT THAT MANILA HAD BECOME HIS PERMANENT STATION.

MR. SCHULTZ RECEIVED THE DIFFERENTIAL RATE OF 10 PERCENT SET FOR CLARK AIR FORCE BASE FROM SEPTEMBER 15 TO MARCH 7, AND CONTINUED TO RECEIVE THE SAME RATE UPON HIS REASSIGNMENT. THE RATE FOR BOTH CLARK AIR FORCE BASE AND MANILA WAS 10 PERCENT DURING THAT PERIOD.

MR. SCHULTZ WAS CORRECTLY PAID DIFFERENTIAL AND ALLOWANCES FROM SEPTEMBER 15, 1958, TO MARCH 7, 1959, AND WAS NOT ENTITLED TO ANY GREATER ALLOWANCES FOR THAT PERIOD.

REGARDING MR. SCHULTZ'S CLAIM FOR PER DIEM FROM SEPTEMBER 15 TO MARCH 7, ON THE GROUND THAT MANILA WAS HIS TEMPORARY DUTY STATION, THE RECORD SHOWS THAT PASAY CITY IS A SUBURB OF MANILA AND THAT MR. SCHULTZ COMMUTED DAILY BETWEEN HIS HOME IN PASAY CITY AND HIS DUTY LOCATION IN MANILA.

THE PURPOSE OF GRANTING AN EMPLOYEE A PER DIEM ALLOWANCE IS TO COVER THE ADDITIONAL COST TO THE EMPLOYEE OF SUBSISTENCE EXPENSE ITEMS SUCH AS MEALS AND LODGING DURING A PERIOD OF TEMPORARY DUTY AWAY FROM HIS OFFICIAL STATION. IF TEMPORARY DUTY IS PERFORMED UNDER CIRCUMSTANCES WHICH DO NOT CAUSE AN INCREASE IN SUBSISTENCE EXPENSES ABOVE THOSE AN EMPLOYEE WOULD INCUR WHEN PERFORMING DUTY AT HIS PERMANENT STATION, THE BASIS FOR A PER DIEM ALLOWANCE FAILS. IT IS THE RESPONSIBILITY OF THE ADMINISTRATIVE OFFICE TO SEE THAT ONLY SUCH PER DIEM ALLOWANCES AS ARE JUSTIFIED BY THE CIRCUMSTANCES ARE AUTHORIZED. AN EMPLOYEE WHO COMMUTES DAILY FROM HIS HOME TO A PLACE OF TEMPORARY DUTY WOULD NOT ORDINARILY INCUR ADDITIONAL SUBSISTENCE EXPENSES BECAUSE HE REPORTS FOR DUTY AT A TEMPORARY DUTY LOCATION INSTEAD OF AT HIS PERMANENT STATION. THE DEPARTMENT OF THE AIR FORCE HAS REPORTED THAT A PER DIEM ALLOWANCE WOULD NOT BE JUSTIFIED UNDER THE CIRCUMSTANCES SURROUNDING MR. SCHULTZ'S PERFORMANCE OF DUTY AT MANILA. THEREFORE, MR. SCHULTZ IS NOT ENTITLED TO A PER DIEM ALLOWANCE BETWEEN SEPTEMBER 15, 1958, AND MARCH 7, 1959. 35 COMP. GEN. 554; 31 ID. 264; 21 ID. 697.