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B-184561 1 (1976-06-21)

handle is hein.gao/gaobadddb0001 and id is 1 raw text is: THE COMPTROL. :R GENERAL DECISION OF THE UNITED STATES W/ WAS H IN GTO0N D. C. 2054B FILE: DATE: JUN21 1976 q B-184561 MATTER OF: Gustav W. luehlenhaupt - Claim for per'diem administratively disallowed due to thirty-minute DIGEST: rule Employee performing temporary duty (TDY) assignment was denied reimbursement of per diem for quarter beginning 6 p. m. on June 6, 1975, since he returned to residence at 6:15 p. m. after returning from TDY by earliest possible air transportation. Agency interprets provisions of Federal Travel Regulations (FPMR 101-7) para. 1-7.6e (Miay 1973) concerning thirty-rninute rule as requiring denial of employee's clairr, absent cotrpelling extenuating circum- stances. While agency's determination concerning official necessity under para. 1-7.6c will nct be disturbed unless arbitrary or capricious, emplcyee's clainm may be allowed since record fully supports employee's conten- tion that due to official necessity, he could not have arrived prior to beginning of auarter. This action is in response to a request from Roland V, Johnson, an authorized certifying officer with the National Park Service, Department of the Interior. Mr. Johnson questions whether he may pay an additional quarter of per diem in the amount of $7 to Mr. Gustav W. Muchlenhaupt, an employee of the National Park Service (NPS), under the circumstances described below. Mr. Muehlenhaupt, whose permanent duty station was in San Francisco, California, was ordered to perform temporary duty (TDY) at the Grand Canyon National Park from June 2, 1975, through June 6, 1975. Incident to that TDY assignment, Mr. Muehlcnhaupt was paid for 4 1/2 days' per diem, from 6 a.m., June 2, 1975, through 6 p.m., June 6, 1975. However, Mr. Jiluehlenhaupt also claimed per diem for the quarter beginning at 6 p.Im. on June 6, 1975, on the basis that he did not arrive at his residence until 6:15 p. n. In support of his claim, he submitted with his voucher the following statement, which is quoted in pertinent part: PUBLISHED DECISIOZZ 5 Comp. Gen. ........

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