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B-201588 1 (1981-03-25)

handle is hein.gao/gaobadjga0001 and id is 1 raw text is: CDEC110 FILE: B-2 MATTER OF DIGEST: 'N THE COMPTROLLER GENERAL OF THE UNITED STATEB WASHINGTON. 0. C'. 01588 DATE: March 25, 1981 : per Diem AIlowances-rTemporary Duty at Andros Island, Bahamas 1. -Responsible Navy activity issued directive which established a specific per diem allowance rate for employees performing temporary duty at Navy Installation on Andros Island, Bahamas. Since directive was properly issued pursuant to 2 JTR para. 8101-3F, notation on an-employee's official travel order. which purports to authorize payment of per diem at a higher rate than is specified by the applicable administrative directive is invalid and cannot create a legal entitlement to additional per diem beyond the amount authorized by that directive. 2. Persons receiving money erroneously paid by a Government agency or official acquire no right to the money and are legally obligated to make restitution; therefore, Navy employees who werepaid. excessive per diem allowances thnough administrative error or inadvertence incident to temporary duty assignments they performed at a Naval installatlion on Andros Island, Bahamas, are liable to refund the excess amounts they received, and collection action for the recovery of the erroneous travel allowance overpayments may not lawfully be waived. 5 U.S.C. 5584. This action is in response to a letter dated December 12, 1980 (file reference PSD:NETC:MM:bgk 7220), with enclosures, from the Disbursing Officer of the Personnel Support Detachment, Naval. Education and Train- ing Center, Newport, Rhode Island,&requesting an advance decision concerning the propriety of making payment on several thousand claims for additional travel allowances submitted by civilian employeesof the Navy Department Jho performed temporary duty at a Navy installation in the Bahamastat various times after December 1, 1974. LThe 20548 19Lh, /71--/96

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