B-159410, JUNE 28, 1966

B-159410, JUNE 28, 1966

TO THE DISBURSING OFFICER, BUFFALO DISTRICT, CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY:

WE REFER TO YOUR LETTER OF JUNE 8, 1966, YOUR REFERENCE NCBDC, BY WHICH YOU REQUEST OUR DECISION WHETHER YOU MAY PAY THE VOUCHER SUBMITTED BY MR. NICHOLAS SALUK, AN EMPLOYEE OF THE BUFFALO DISTRICT, CORPS OF ENGINEERS, TO REIMBURSE HIM FOR THE COSTS HE INCURRED FOR NOON MEALS WHILE ON DUTY AWAY FROM THE DREDGE "LYMAN" TO WHICH HE WAS ASSIGNED.

YOU SAY THAT MR. SALUK, WHO IS EMPLOYED IN THE POSITION OF LAUNCH OPERATOR, WAS ASSIGNED TO DRIVE A TRUCK TO PICK UP SUPPLIES AND MAIL ON CERTAIN DAYS BETWEEN FEBRUARY 4 AND MARCH 31, 1966. WHEN ASSIGNED TO SUCH DUTY HE WAS AWAY FROM THE DREDGE FROM 9:30 A.M. TO 4:30 P.M. AND WAS NOT ABLE TO OBTAIN NOON MEALS ABOARD THE DREDGE. SINCE MEALS ARE FURNISHED WITHOUT CHARGE TO EMPLOYEES ASSIGNED TO DUTY ON THE DREDGE "LYMAN" UNDER THE AUTHORITY OF THE ACT OF MAY 13, 1955, 69 STAT. 48, MR. SULAK CLAIMS REIMBURSEMENT AT THE RATE OF $1.50 FOR EACH OF 27 DAYS HE WAS ASSIGNED TO DUTY WHICH PREVENTED HIM FROM OBTAINING HIS NOON MEAL ABOARD THE DREDGE.

THE ACT OF MAY 13, 1955, PROVIDES:

"* * * THAT NOTWITHSTANDING THE PROVISIONS OF SECTION 3 OF THE ACT OF MARCH 5, 1928, EMPLOYEES OF THE CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, ENGAGED ON FLOATING PLANT OPERATIONS MAY BE FURNISHED SUBSISTENCE AND/OR QUARTERS ON VESSELS WITHOUT CHARGE WHENEVER MESSING AND/OR QUARTERING ARE DETERMINED TO BE EQUITABLE TO THE EMPLOYEES AND TO BE NECESSARY IN THE PUBLIC INTEREST IN CONNECTION WITH SUCH OPERATIONS. ANY SUCH SUBSISTENCE AND QUARTERS SHALL BE FURNISHED IN ACCORDANCE WITH STANDARDS PRESCRIBED BY THE SECRETARY OF THE ARMY.'

THAT PROVISION OF LAW SPECIFICALLY AUTHORIZES THE FURNISHING OF MEALS IN KIND TO EMPLOYEES ENGAGED IN FLOATING PLANT OPERATIONS. HOWEVER, IT DOES NOT PROVIDE FOR THE PAYMENT OF AN ALLOWANCE OR FOR THE REIMBURSEMENT OF EXPENSES INCURRED WHEN EMPLOYEES WHO ARE ENTITLED TO MEALS FREE OF CHARGE ARE FOR ONE REASON OR ANOTHER PREVENTED FROM TAKING ADVANTAGE OF SUCH BENEFIT. FURTHERMORE, AS INDICATED IN YOUR LETTER OF JUNE 8, MR. SALUK IS NOT ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE UNDER SECTION 3 OF THE TRAVEL EXPENSE ACT OF 1949, AS AMENDED, 5 U.S.C. 836, AND PARAGRAPH 6.11 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS BY REASON OF THE DUTY HE PERFORMED AWAY FROM HIS ASSIGNED DUTY STATION BETWEEN 9:30 A.M. AND 4:30 P.M. THUS, THERE DOES NOT APPEAR TO BE ANY BASIS FOR REIMBURSING MR. SALUK FOR THE COST OF MEALS PURCHASED AWAY FROM HIS ASSIGNED DUTY STATION.