B-180910, OCT 18, 1974, 54 COMP GEN 299

B-180910, OCT 18, 1974, 54 COMP GEN 299

SUBSISTENCE - PER DIEM - RATES - LODGING COSTS - APPLICATION OF "LODGING PLUS" SYSTEM CIVILIAN EMPLOYEE OF DEPARTMENT OF ARMY IS ENTITLED TO A PER DIEM ALLOWANCE WHILE ON TEMPORARY DUTY UNDER PARAGRAPH C8101-2.A OF JOINT TRAVEL REGULATIONS, VOLUME 2, ON THE BASIS OF THE AVERAGE AMOUNT THE TRAVELER PAYS FOR LODGING PLUS AN AMOUNT SET FORTH IN PARAGRAPH C8101 2.A FOR MEALS AND INCIDENTAL EXPENSES NOT TO EXCEED THE MAXIMUM PER DIEM OF $25. TRAVEL EXPENSES - TEMPORARY DUTY - RETURN TO OFFICIAL STATION ON NONWORKDAYS UNDER PARAGRAPH C10105 OF JOINT TRAVEL REGULATIONS, VOLUME 2, AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY WHO IS ON TEMPORARY DUTY AND VOLUNTARILY RETURNS TO HIS HEADQUARTERS ON NONWORKDAYS IS ENTITLED TO ROUND-TRIP TRANSPORTATION BY ANY MODE AND PER DIEM EN ROUTE NOT TO EXCEED THE PER DIEM WHICH WOULD HAVE BEEN ALLOWABLE HAD THE EMPLOYEE REMAINED AT HIS TEMPORARY DUTY STATION.

IN THE MATTER OF A REQUEST FOR ADDITIONAL PER DIEM ALLOWANCE, OCTOBER 18, 1974:

THIS ACTION IS IN RESPONSE TO A REQUEST FOR RECONSIDERATION OF SETTLEMENT CERTIFICATE Z-2509080, DECEMBER 18, 1973, ISSUED BY THE TRANSPORTATION AND CLAIMS DIVISION OF THE UNITED STATES GENERAL ACCOUNTING OFFICE WHICH ALLOWED RETROACTIVE INCREASES IN PER DIEM RATES FOR THE PERIODS OF FEBRUARY 1 THROUGH FEBRUARY 11, 1973, AND MARCH 30, 1973, BUT DISALLOWED REIMBURSEMENT FOR ADDITIONAL PER DIEM RATES FROM FEBRUARY 12, 1973, THROUGH MARCH 29, 1973.

THE RECORD SHOWS THAT BY TRAVEL ORDER NO. SO 39, DATED JANUARY 2, 1973, MR. JAMES K. GIBBS, AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY AT HUNTSVILLE, ALABAMA, WAS AUTHORIZED TO PERFORM TEMPORARY DUTY (TDY) AT FORT BENNING, GEORGIA, DURING THE PERIOD FROM JANUARY 18, 1973, THROUGH MARCH 31, 1973. PER DIEM IN LIEU OF SUBSISTENCE WAS AUTTHORIZED IN ACCORDANCE WITH THE JOINT TRAVEL REGULATIONS (JTR). WHILE PERFORMING TDY AT FORT BENNING, MR. GIBBS RETURNED HOME TO HIS RESIDENCE AT ARAB, ALABAMA, EVERY WEEKEND. MR. GIBBS OCCUPIED A HOTEL ROOM AT THE HOLIDAY INN AT FORT BENNING AT THE COST OF $13.39 PER NIGHT, UNTIL HE RENTED AN APARTMENT AT A COST OF $60 PER WEEK (A COST OF $8.57 PER DAY) BEGINNING FEBRUARY 12, 1973. UPON SUBMISSION OF HIS VOUCHER, HE WAS PAID A PER DIEM RATE OF $25 FOR 9 3/4 DAYS IN JANUARY AND A PER DIEM RATE OF $23 FOR 28 DAYS IN FEBRUARY AND FOR 30 DAYS IN MARCH. MR. GIBBS CONTENDS THAT HE SHOULD HAVE RECEIVED A PER DIEM RATE OF $25 FOR THE ENTIRE PERIOD OF TIME HE WAS ON TDY AT FORT BENNING.

PER DIEM PAYMENTS FOR EMPLOYEES TRAVELING ON OFFICIAL BUSINESS ARE GOVERNED BY 5 U.S.C. 5702 WHICH PROVIDES IN PART AS FOLLOWS:

SEC. 5702. PER DIEM; EMPLOYEES TRAVELING ON OFFICIAL BUSINESS.

(A) AN EMPLOYEE, WHILE TRAVELING ON OFFICIAL BUSINESS AWAY FROM HIS DESIGNATED POST OF DUTY, IS ENTITLED TO A PER DIEM ALLOWANCE PRESCRIBED BY THE AGENCY CONCERNED. FOR TRAVEL INSIDE THE CONTINENTAL UNITED STATES, THE PER DIEM ALLOWANCE MAY NOT EXCEED THE RATE OF $25 ***.

IN ORDER TO ARRIVE AT THE PROPER PER DIEM ALLOWANCE, CONSIDERATION WILL BE GIVEN TO PARAGRAPH C8101-2.A OF THE JTR, VOLUME 2, IMPLEMENTING 5 U.S.C. 5702 CONCERNING TRAVEL WITHIN THE CONTINENTAL UNITED STATES BY REGULAR SALARIED EMPLOYEES WHICH PROVIDES IN PART AS FOLLOWS:

A. PER DIEM RATES WITHIN THE CONTINENTAL UNITED STATES. EXCEPT AS OTHERWISE PROVIDED HEREIN OR WHEN A REDUCED RATE IS PRESCRIBED UNDER THE PROVISIONS IN PAR. C8051, THE PER DIEM RATE IS FIXED PARTLY ON THE BASIS OF THE AVERAGE AMOUNT THE TRAVELER PAYS FOR LODGING. TO SUCH AMOUNT IS ADDED THE FOLLOWING FOR MEALS AND INCIDENTAL EXPENSES, WITH THE TOTAL ROUNDED OFF TO THE NEXT HIGHER DOLLAR:

1. $11.80 WHEN MEALS ARE TAKEN IN OTHER THAN OPEN MESSES,

THIS ALLOWANCE IS NOT TO EXCEED THE $25 CEILING SET BY STATUTE.

IT IS FURTHER PROVIDED BY PARAGRAPH C10105 OF THE JTR, VOLUME 2, THAT:

*** LODGING COSTS WILL BE TOTALED FOR THE PERIOD WHILE AT THE TDY STATION. LODGING COSTS INCURRED WHILE EN ROUTE TO, BETWEEN, OR FROM TDY LOCATIONS ARE EXCLUDED FROM CONSIDERATION IN ARRIVING AT THE AVERAGE COST FOR LODGING. THE TOTAL AMOUNT PAID FOR LODGING FOR THE PERIOD AT THE TDY STATION WILL BE DIVIDED BY THE NUMBER OF NIGHTS ON WHICH LODGING WAS REQUIRED. THE RESULTING AMOUNT WILL BE THE AVERAGE COST PAID FOR LODGING. ***

IN ACCORDANCE WITH THE STATUTE AND REGULATION CITED ABOVE, THE MAXIMUM ALLOWANCE OF $25 PER DIEM SHOULD BE PAID FOR THE PERIOD OF JANUARY 22, 1973, THROUGH FEBRUARY 11, 1973, WHILE OCCUPYING A HOTEL ROOM AT THE COST OF $13.39 PER NIGHT. UPON RENTING AN APARTMENT AT THE COST OF $60 PER WEEK (A COST OF $8.57 PER DAY) BEGINNING FEBRUARY 12, 1973, THROUGH MARCH 29, 1973, THE AVERAGE NIGHTLY AMOUNT OF EXPENSES PAID FOR LODGING WAS REDUCED, THEREBY DECREASING THE AVERAGE RATE OF PER DIEM ALLOWANCE. AS A RESULT OF THIS, MR. GIBBS IS ENTITLED TO THE AVERAGE PER DIEM RATE OF $8.57 PLUS $11.80 FOR MEALS, ROUNDED OFF TO THE NEXT HIGHEST DOLLAR WHICH WOULD BE $21 PER DIEM.

WITH REGARD TO THE EMPLOYEE RETURNING TO HIS RESIDENCE AT ARAB, ALABAMA, DURING NONWORKDAYS, PARAGRAPH C10158 OF JTR, VOLUME 2, PROVIDES IN PERTINENT PART AS FOLLOWS:

C10158 VOLUNTARY RETURN TO PERMANENT DUTY STATION

WHEN A TRAVELER PERFORMING TEMPORARY DUTY TRAVEL BY PRIVATELY OWNED CONVEYANCE OR COMMON CARRIER VOLUNTARILY AND FOR PERSONAL REASONS RETURNS ON NONWORK DAYS OR ON WORKDAYS AFTER THE CLOSE OF BUSINESS TO HIS PERMANENT DUTY STATION, OR HIS PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS PERMANENT DUTY STATION, THE MAXIMUM REIMBURSEMENT ALLOWABLE FOR THE ROUND TRIP TRANSPORTATION BY ANY MODE AND PER DIEM EN ROUTE WILL BE THE PER DIEM WHICH WOULD HAVE BEEN ALLOWABLE HAD THE TRAVELER REMAINED AT HIS TEMPORARY DUTY STATION (SEE PAR. C3008-2).

UNDER THE ABOVE-CITED REGULATION, THE EMPLOYEE WAS ENTITLED TO ROUND TRIP TRANSPORTATION AND PER DIEM ALLOWANCE NOT TO EXCEED THE PER DIEM ALLOWANCE THAT IS PAYABLE HAD THE EMPLOYEE REMAINED AT THE TEMPORARY DUTY STATION. SEE B-176706, OCTOBER 13, 1972. THE RECORD SHOWS THAT THE EMPLOYEE HAS BEEN REIMBURSED TRAVEL EXPENSES IN ACCORDANCE WITH THE ABOVE-CITED REGULATION FOR THE NONWORKDAYS HE RETURNED TO HIS PERMANENT DUTY STATION.

ACCORDINGLY, WE MUST SUSTAIN THE ACTION TAKEN IN OUR OFFICE SETTLEMENT OF DECEMBER 18, 1973.

MR. GIBBS STATES THAT THE $60 PER WEEK THAT HE PAID FOR RENT AT FORT BENNING WHILE ON TEMPORARY DUTY BEGINNING FEBRUARY 12, 1973, WHEN HIS PER DIEM ALLOWANCE WAS LIMITED TO $23 DID NOT INCLUDE UTILITIES AND INCIDENTALS. IF MR. GIBBS CAN FURNISH RECEIPTS FOR UTILITIES OR OTHER EXPENSES WHICH ARE FOR ACCOMMODATIONS OR OTHER SERVICES ORDINARILY INCLUDED IN THE PRICE OF A HOTEL OR MOTEL ROOM, WE WILL GIVE THAT PART OF HIS CLAIM FURTHER CONSIDERATION. SEE 52 COMP. GEN. 730 (1973).