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B-187129 1 (1977-01-04)

handle is hein.gao/gaobadebd0001 and id is 1 raw text is: ha I III ilkLem C, _n *, THE COMPTROLLER OEWERAL CECISION . CF THE UNITED ETATE co A FILE: --187120 DATE: %N 4 W7 MATTER OF: Sanford 0. Silver - Temporary lodging at family residence DIEGEST: Employee who stayed at family residence while performing temporary duty may not be reimbursed lodging expenses based on average mortgage, utility, and maintenance expenses because such expenses are costs of acquisition of private property and are not incurred by reason of ufficial travel or in addition to travel expenses. This action in in response to a request datied August 3, 1976. from Ma. Orria C. Huet, an authorized certifying officer of the Department of Agriciilture. for a decision concerning a voucher submitted by Mr. Sanford 0. Silver for per diem in lieu of actual subsistence i'hile on a temporary duty assignment. The record indicates that Mr. 1iliver, a Forest Service employee. was transferred from Atlanta. Georgia, to Washington, D.C. on October 14, 1975.., His family. however, remained in Atlanta until March 197 . Fromn January 5. 1976,through January 11, 1P78.Mr. Silier was assigned to temporary duty in Atlanta, Gftorgia. During this pefiod, he lodged at his family's residence in Atlanta., While the voucher shows that Mr. Silver spent 7 days witW his family In Atlanta he is claiming per diem in the amount of $104. 50. based on estimated lodging costs of $19 per day for 5 1/2 days. The claimant calculated lodging expenses on the basis of the daily average of his monthly mortgage. utility, and maintenance costs. He arrived at a lodging cost of $18. 8 a day, which was rounded to $19 per day. The certifying officer states that although the rtulatons do not specifically prohibit the payrment of per diem to an employee who temporarily obtains lodging at his. family's residence, as long as it b!,rct the residence frrm which he ciomihutes daily to his official station. It is harm1pion that the lodginge-plue system of computing per diem ainappropriate when an employee uses his residence for lodging. She believes that since a specific per 'diem rate as provided by Federal Travel Regulations (FPMR 101-7) paragraph 1-7. 3c (Ma-r 1973), was not established in advance of the trip. Mr. Silver is not entitled to further reimbursement. We agree for the reasons set forth below. I

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