B-163407, MAR 11, 1968

B-163407, MAR 11, 1968

PER DIEM - CIVILIAN PERSONNEL - RATE DECISION TO ARMY EMPLOYEE SUSTAINING DISALLOWANCE OF CLAIM FOR ADDITIONAL PER DIEM FOR TRAINING AT AF INSTITUTE OF TECHNOLOGY. EMPLOYEE WHO WAS NOT INFORMED OF REGULATION LIMITING PER DIEM TO $7 DURING TRAINING MAY NOT BE ALLOWED ADDITIONAL AMOUNT SINCE EMPLOYEES ARE CHARGEABLE WITH CONSTRUCTIVE NOTICE OF REGULATIONS. WHILE IT IS UNFORTUNATE EMPLOYEE HAD NO KNOWLEDGE OF PROPER RATE, COMP. GEN. WOULD NOT BE WARRANTED IN ALLOWING ANY GREATER AMOUNT. CONTENTION THAT OTHER EMPLOYEES ATTENDING SAME COURSE WERE PAID PER DIEM AT HIGHER RATE WILL BE LOOKED INTO IF NAMES AND INSTALLATIONS ARE FURNISHED.

TO MR. FRANK J. MCCABE:

THIS REFERS TO YOUR LETTER OF JANUARY 3, 1968, REQUESTING RECONSIDERATION OF OUR CLAIMS DIVISION SETTLEMENT CERTIFICATE DATED NOVEMBER 15, 1967, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM (DIFFERENCE BETWEEN $7 AND $16 PER DAY) FOR THE PERIOD FROM MARCH 5 TO MAY 5, 1967, INCIDENT TO YOUR PARTICIPATION IN A TRAINING COURSE AT THE AIR FORCE INSTITUTE OF TECHNOLOGY, WRIGHT-PATTERSON AIR FORCE BASE, OHIO, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.

YOU SAY THAT AT THE TIME YOU SUBMITTED YOUR CLAIM YOU FULLY UNDERSTOOD THE REGULATIONS WHICH LIMITED THE RATE OF PER DIEM TO $7 WHILE ATTENDING THE SCHOOL AT WRIGHT-PATTERSON AIR FORCE BASE. HOWEVER, AT THE TIME OF THE TRAVEL AND PERFORMANCE OF THE TEMPORARY DUTY YOU WERE NOT FAMILIAR WITH SUCH REGULATIONS NOR WERE YOU INFORMED BY THE ADMINISTRATIVE OFFICIALS OF THE REDUCED PER DIEM RATE; NEITHER WAS THERE ANYTHING ON YOUR TRAVEL ORDER TO INDICATE THE SAME.

WE NOTE THAT YOUR TRAVEL ORDER IN PARAGRAPH 12 AUTHORIZED THE MAXIMUM PER DIEM UNDER CPR T-3. CPR T-3 HAS BEEN SUPERSEDED BY THE JOINT TRAVEL REGULATIONS (JTR). JTR, VOLUME 2, PART III, APPENDIX "C," AUTHORIZES A PER DIEM RATE OF $7 WHILE ATTENDING THE SCHOOL OF SYSTEMS AND LOGISTICS, AIR FORCE INSTITUTE OF TECHNOLOGY, WRIGHT-PATTERSON AIR FORCE BASE, OHIO.

OUT DISPOSITION OF YOUR CLAIM MUST TAKE INTO CONSIDERATION THE PROVISIONS CONTAINED IN THE APPLICABLE REGULATIONS WHICH WERE IN EFFECT AT THE TIME THE TRAVEL ORDER WAS ISSUED AND DURING THE PERIOD OF YOUR TRAINING DUTY. FURTHERMORE, YOU ARE CHARGEABLE WITH CONSTRUCTIVE NOTICE OF SUCH REGULATIONS EVEN THOUGH YOU MAY NOT HAVE HAD ACTUAL KNOWLEDGE THEREOF.

WHILE IT IS UNFORTUNATE THAT YOU WERE UNFAMILIAR WITH THE REGULATIONS AND OTHERWISE FAILED TO RECEIVE ANY SPECIFIC ADVICE CONCERNING THE $7 RATE OF PER DIEM AT WRIGHT-PATTERSON AIR FORCE BASE, NEVERTHELESS, OUR OFFICE WOULD NOT BE WARRANTED IN ALLOWING ANY GREATER AMOUNT THAN PROVIDED FOR UNDER THE CONTROLLING REGULATION REFERRED TO ABOVE. THEREFORE, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.

APPARENTLY, YOU FEEL THAT IF YOU ARE NOT ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE AT THE RATE OF $16 PER DAY THEN YOU SHOULD BE ALLOWED AN ADDITIONAL AMOUNT OF $60 ON THE BASIS THAT IF YOU HAD OCCUPIED GOVERNMENT QUARTERS INSTEAD OF COMMERCIAL QUARTERS THERE WOULD HAVE BEEN A CHARGE OF $2 PER NIGHT FOR USE OF SUCH GOVERNMENT QUARTERS, $1 OF WHICH WOULD HAVE BEEN REIMBURSABLE TO YOU UNDER CURRENT REGULATIONS. APPENDIX "C", PART III OF THE JTR PROVIDES THAT WHEN A CHARGE FOR THE QUARTERS IS MADE REIMBURSEMENT IS ALLOWED FOR THE AMOUNT PAID IN EXCESS OF $1 PER DAY NOT IN EXCESS OF THE APPLICABLE MAXIMUM RATE. THIS IS APPLICABLE ONLY IN THE CASE OF OCCUPANCY OF GOVERNMENT QUARTERS. TO HOLD OTHERWISE WOULD PERMIT YOU TO RECEIVE $8 PER DAY FOR SUBSISTENCE INSTEAD OF THE MAXIMUM OF $7 SPECIFIED IN THE REGUALTIONS.

YOU ALSO MAKE THE STATEMENT THAT CIVILIAN EMPLOYEES OF THE DEPARTMENT OF THE NAVY WHO HAVE RECENTLY ATTENDED THE SAME COURSE OF INSTRUCTION THAT YOU DID, AT WRIGHT-PATTERSON AIR FORCE BASE, RECEIVED $9 PER DIEM. HAVE INFORMALLY CONTACTED THE DEPARTMENT OF THE NAVY AND WERE INFORMED THAT ITS EMPLOYEES ARE ONLY ENTITLED TO $7 PER DIEM WHILE ATTENDING THE SCHOOL AT WRIGHT-PATTERSON AIR FORCE BASE. IF YOU CAN FURNISH THE NAMES AND INSTALLATIONS WHERE THE NAVAL CIVILIANS WERE EMPLOYED WE WILL LOOK INTO THE MATTER.