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B-190014 1 (1978-08-30)

handle is hein.gao/gaobadgie0001 and id is 1 raw text is: 
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                     /Jai, THE  COMPTROLLER CENERALA/
CECIBION .     . OF THE UNITED STATES
                           WASMINTON. 0.C. 2054e


B-190014


DATE:   August 30, 1978


MATTER OF: Long Beach Naval Shipyard - Per Diem Allow-
               auces frir Extended Periods of Training
DIGEST:    Seventeen civilian employees received per diem
           al.the higher rate in effect prior to August 1,
           1176; during various dates betwcen August 1,
           1976, and July 1977. Change in. JTR, effective
           August 1, 1976, reduced per diem to 55 percent
           for extuLinded, trainlhg. No basis exists for allow-
           ing the higher per diem for the training performed
           on or after offective date of lower rate. However,
           sincethe overpa'ynients tbsulted from administra-
           tive allures in ii:plementing the reguldftory change
           in the ner diem rate, the rate teductin was so
           substantial and employees acted'Ih *good faith,
           equities warrant reporting cl&ims to Congress
           under Meritorious Claims Act, 31 U. S. C. 5 236.

    This decision is rendered with respect to 17 employees at the&
Long Beach  Naval Shipyard (LBNS), Dipatrnht  of the Navy, Long
Beach,  Caiifbrnia, who, iwhile attending traizifig schoois for periods
in excess of 120 days commehidig at variois dates during the period
July 1976 to January 1977, were paid per diem allbwances in exiess
of that authorized by the Joiht Trav' Regulitions (JTR).,!The Office
of the Comptroller \LBNS, undertook to collect.the overpayinents
of p&r din  from the. employees. The basis for the proposed dollec -
tion Action Wa's that the per diem rate auihorised for civilian em-
plo Wes bytjhe JTR, Volume 2, was changed to a reducdI rate' of
55' percent'for extended training of 120 days or more, effective
August 1, 1976.
   In view of the number of Shipyard employees affected and the
relatively la'i'ge iidebtednesnes vubject to dedution from the pay
of the employees, Ahe' ConmVtroller of the Shipyard agreed to with-
hold any and all collection actions until this Office had rendered a
decision on this matter.

   Ont each of the tr'ave orders, the block opposite the statement,
Per diem  authof'ized in accordance with JTR' wa checked. No
dollar amount was stated but the Shipyard and the employees both
understood that the amount was the maximum authorked rate.


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