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B-199612 1 (1981-01-15)

handle is hein.gao/gaobadiuj0001 and id is 1 raw text is: V0 oLER6 0 1HE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-1l9 1217 DATE: January 15, 1981 MATTER OF: Mr. Neil E. Wernsing - Erroneous per diem payments DIGEST: 1. Veterans Administration employee received erroneous per diem payments. Cancellation of indebtedness may not be granted since rule is well established that per diem expenses are not allowed at place where employee is on temporary duty after employee receives notice that same location will become his permanent duty station. B-199612, september 24, 1980, .:sustained. 2. Veterans Administration employee who received erroneous per diem payments may not be relieved from liability for repayment on the basis that payments were made by persons responsible for administering travel funds. The rule is well established that the Government is not bound by the erroneous authorization of its officers or employees and any payments so made are recover- able. Claim is not appropriate for reporting under the Meritorious Claims Act, 31 U.S.C. 236, since it does not contain equities of an unusual nature which are unlikely to reoccur. This action is in response to a letter dated October 17, 1980, from Mr. Neil E. Wernsing, an employee of the Veterans Administration (VA), requesting reconsideration of decision B-199612, September 24, 1980, which denied his claim for per diem for temporary duty performed at a location which became his permanent duty station. The record shows that Mr. Wernsing was stationed in Los Angeles, California. In January 1978 it was decided that a VA investigative office was to be opened in Denver, Colorado, and that Mr. Wernsing would travel to Denver on temporary duty for the purpose of establishing that office. The record also reflects that Mr. Wernsing was informed before he began his temporary duty assignment that he would be transferred from Los Angeles to Denver once that office became operational. 1'1443 j

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