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B-197134 1 (1981-06-18)

handle is hein.gao/gaobadjmf0001 and id is 1 raw text is: 


                  THE                  TROLLER GENERAL
    DECISION               .O    TH    UNITED    STATES
                    0     l WASHINGTON. 0. C. 20548




    FILE:  B-197134               OATE: June 18, 1981

    MATTER 6F: Pearl Harbor Naval Shipyard - Yer Diem
                 Allowances for Extended TrainingJ-
                 Meritorious Claims
    OIGEST:
              Six civilian employees of the Pearl
              Harbor Naval Shipyard received per
              diem at the higher rate in effect
              prior to August 1, 1976, during var-
              ious dates between May 28, 1977, and
              January 29, 1980. Change in JTR,
              effective August 1, 1976, reduced per
              diem to 55 percent for extended train-
              ing. No basis exists for allowing the
              higher per diem for the training per-
              formed after effective date of lower
              rate. However, since the overpayments
              resulted from administrative failure to
              implement the regulatory change in the
              per diem rate over an extended period
              of time, the rate reduction was so
              substantial, and the employees acted
              in good faith, the equities warrant
              reporting the claims to Congress under
              Meritorious Claims Act, 31 U.S.C. § 236.


     This decision is rendered with respect to six
employees at the Pearl Harbor Naval Shipyard (PHNS),
Department of the Navy, Pearl Harbor, Hawaii, who,
while attending training schools for periods in
excess of 120 days commencing at various dates during
the period May 28, 1977, to January 29, 1980, were
paid per diem allowances in excess of that authorized
by the Joint Travel Regulations (JTR). The Comptroller's
Department, PHNS, has collected all of the indebted-
nesses allegedly owed the United States from the six
employees. The basis for the collection action was
that the per diem rate authorized for civilian employees
by the JTR, Volume 2, had been changed to a reduced
rate of 55 percent of full per diem for extended train-
ing of 120 days or more, effective August 1, 1976.











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