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B-184006 1 (1976-11-16)

handle is hein.gao/gaobaddzo0001 and id is 1 raw text is: CZ0 C Employee who forfeited prepaid rent as result of teimination of temporary duty due to illness is not entitled to reimbursement in excess of per diem, since the per diem may not be stpplemented by additional payment to cover items otherwise included therein. Also, retroactive approval on actual expense basis is not proper since there is insuffi- cient evidence to support conclusion that actual expenses are much more than per diem due to unusual circumstances. This action is in response to a letter from George 4Aery of Millersburg, Kentucky, requesting reconsideration of our Trmns- portation ;-nd Claims Division's (now Claims Division) settlenent of Claim No. Z-2550101 dated March 1$, 1975. The settlement denied reimbursement of prepaid rer.t which the claimant had forfeited as the result of the termination of his temporary duty assigament. Pursuant to a tav. order dated October 24, 1973, Mr. Avery was assigned to temporary duty at Fort Hood, Texas, for a period of 180 days. A per diem allowance of $25 was authorized. As the ,result .1 an injury to Mr. Avery's bacK, the temporary duty was terminated by travel order dated January 3, 1974, and the claimant immediately returned to his pecmanent duty station. Due to the absence of an opportunity to give the zaquired 15-day notice prior to vacatng ajt apartment at his temporary duty station, Mr. Avery forfeited $185 pursuant to the rental agreement. The record indicates that the total rent paid under the agreement was $1,005.50. Mr. Avery claims entitlement to reimbursement of the $185 in addition to the per diem allowance of $25 which was paid through January 3, 1974. In similar circumstances this Office has .sallowed reimbursement for a forfited renta. damage ;oposiL and for!eited prepaid tent. See B-174380, Novemb'er 19, 1971. The basis for the cited decision was that per diem is intended to serve for all reimbursable nub- sistence evpenses and consequently may not be supplemented by THE rcaMPTPa3LLEFP oEINEflAL DECisION . CJF THW LJNIYED STATES' WASHINGTON. O.C. 2054B FILE: B-184006 DATE: Worem1er 1. IQ MATTrER F: G'.orgt Avery - Retroactive Adjustmenr of tiubsistence Allowance DIGEST:

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