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B-182324 1 (1975-07-31)

handle is hein.gao/gaobadckr0001 and id is 1 raw text is: o 0 THE COMPTRuiLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 2054B I6L) 6O'1 FILE: B-182324 DATE: JUL 311975 73Z4 MATTER OF: Carl W. Kaufman * Claim for additional per dies allowance. DIGEST: Employee claims additional per diem allowance on basis he acquired a vested right to per diem rate ($25) authorized by Joint Travel Regulations (JTR) at time his trnve! -ders were issued. JTR was subsequently changed to reduce the rate applicable to employee to $14. When travel orders indicate per diem is in accordance with JTR, a change in JTR that modifies per diem rate applicable to employee must be applied on a prospective basis from the effective date of the change. Claim may not be allowed. This action is a request for a reconsideration of a settlement of July 15, 1974, issued by the Transportation and Claims Division of our Office, which denied the claim of Mr. Carl W. Kaufman, an employee of Headouarters. Defense Supply Agency (HQ, DSA), Alexandria, Virginia, for additional per diem allowance incident to his temporary duty assign- ment (TDY) to attend a course of instruction at the Air War College, Maxwell Air Force Base, Montgomery, Alabama. The facts in this case, according to the record, are summarized as follows, HQ, DSA issued Travel Order number 19-74, on May 22, 1973, that authorized Mr. Kaufman approximately 298 days TDY at the Air War College. It was indicated in block 13 of these orders that per diem was authorized in accordance with Volume 2 of the Department of Defense Joint Travel Regulations (JTR) which at that time prescribed a rate of $25. Thereafter, the Per Dies, Travel and Transportation Allowance Committee, the authority responsible for promulgating the JTR, issued Joint Determination, number 16-73, dated August 9, 1973, which was duly promulgated and subsequently incorporated in the JTR (C8101j) by change number 97, dated November 1, 1973. The Joint Determination reduced the per diem rate to $14 for employees attending training courses at schools, colleges and universities (including military schools) for periods of 45 days or more, effective September 1, 1973. Mr. Kaufman was paid at the $25 per dies rate until October 31, 1973, when it was discovered that under the amended regulation he should only

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