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B-186518 1 (1976-06-01)

handle is hein.gao/gaobaddlm0001 and id is 1 raw text is: THE COMPTRuiLLER GENERAL DECISION .iJ... OF THE UNITED STATES WASHINGTON. D.C. 20546 FILE: DATE: JUN 1 97 B-185618 JN1 17 MATTER OF: H. Jack Bluestein - Per diem while on annual leave DIGEST: Claimant, who took annual leave on a workday to observe a Jewish holiday while on temporary duty assignment away from his official duty station, is not entitled to per diem for that day. See FTR 1-7.5(a)(1), An authorized certifying officer for the United States Department of the Interior has requested an advance: decision regarding payment on a reclaim travel voucher representing a claim for per diem in lieu of subsistence for a workday in which annual leave was taken while the employee was on temporary duty assignment away from his official duty station. According to the submission from the certifying officer, Mr. H. Jack Bluestein was on a temporary duty assignment in con- nection with which per diem of $50 a day was authorized while he was in Anchorage, Alaska, from September 7, 1975, through September 27, 1975. Prior to returning to his official duty station in Washington, D.C., he was authorized and took annual leave on September 15, 1975, for the purpose of attending syna- gogue service on the Jewish holiday of Yon Kippur. He claiaed $50 per diem in lieu of subsistence for this day, but this amount was administratively disallowed by laterior and payment was made on the remainder. On October 31, 1975, Mr. Bluestein submittd a reclaim travel voucher to obtain per diea for the day that annual leave was taken. In requesting that his claim be rezonsidered, he contends that the applicable regulation, disallowing the payment of per diem, is illegal = d diszriminates a;ainst him in inter- fering with the free exercise of his religion. The law regarding payments for per diem when an employee takes leave of absence while he is in travel status away from his official station is well settled and is governed in general by Federal Travel Regulations (FPMR 101-7) para. 1-7.5(a)(1) (May 1973) which statess

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