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B-185923 1 (1976-11-08)

handle is hein.gao/gaobaddzc0001 and id is 1 raw text is: .) DECISION 0e t 2~ ~ .4tt C. Mie-HAEL- VoL PF THE COMPTRCLLEL GENERAL oF THE UAiTEo STAiTFs WASHINGTON, D.C. 2054B FILE! B-185923 MATTER OF: DIGEST: DATE: November 8, 1976 Bartholomew L, Aversano -- Claim for per diem at official duty station Employee stationed in New York City is detailed for 10 days temporary duty with free lodging, ut he incurs subsistence expenses in Pew York City while serving on protective mission. However, absent specific statutory authority, employee is not entitled to subsistence or per diem at official duty statioA regardless of any unusual working conditions. This action is in response to the request for an advance decision from Ethel H. Wedemeyer, an authorized certifying officer of the United States Secret Service, Department of the Treasury, reference 300,0, regarding payment of the travel voucher of Mr. Bartholomew L. Aversano, an employee of the Bureau of Alcohol, Tobacco and Fireanns, for a reduced per diem for a pertod of temporary duty performed at his official duty station. The record indicates tnat M:. Aversano, a Special Agent with the Bureau of Alcohol, Tobacco and Firearms stationed at New York City, was detailed to the U.S, Secret Service from October 5 through October 15, 1975, on a protective mission. Mr. Aversano has claimed per diem for subsistence expenses incurred in New York City where he was granted free lodging, even though his official duty station is New York City and his residence Is located on Long Island, New York. The authorized certifying officer questions whether employees on protective detail.s in the vicinity of either the.r official duty station or residence from which they commute daily are entitled to per diem when they are required to remain overnight at the hotel where the Protectee is lodged or when they remain at the hotel ovr 10 hours during the daytime. Our Office has consistently held th4- absent specific statutory authority, an employee may not be paid per diem or actual subsistence at his headquarters or place of abode from

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