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B-202124 1 (1981-07-17)

handle is hein.gao/gaobadjoj0001 and id is 1 raw text is: 

            4

OECISION





FILE: B-202124


THE COMPTROLLER GENERAL
  OF THE UNITED STATES
  WASHINGTON, 0. C. 20548



         DATE: July 1, 1981


MATTER OF: Parkis Everett


DIGEST:


Claimant's allegation of religious discrimination
where GAO refuses to reimburse him for expenditures
for alcoholic beverages consumed with meals is
unfounded since Government regulations do not require
that religious belief that alcohol should be consumed
with meals be infringed upon in any manner. The
claimant must bear cost of such expenditures.


     By letter dated January 22, 1981, Mr. Parkis Everett, an employee
of the U.S. Army Corps of Engineers in South Point, Ohio, has appealed
the action of our Claims Division, which by settlement dated November 24,
1980, disallowed his claim for the cost of alcoholic beverages consumed
with meals incurred incident to travel on official Government business on
two separate occasions.

     The record shows that Mr. Everett traveled pursuant to TDY orders on
two separate dates - February 2-8, and April 20-25, 1980, respectively.
The travel voucher indicates that Mr. Everett claimed approximately $220
for meals. Although the record is imprecise, it is clear that that sun
includes the cost of alcoholic beverages taken with meals.

     Relying on Comptroller General decision B-164366, August 16, 1968,
holding that alcoholic beverages, even when taken with meals, are not
reimbursable expenses, the Claims Division declined to pay that portion
of the claim relating to alcoholic beverages. In a recent decision,
B-164366, March 31, 1981, we were specifically asked to reevaluate the
basis for disallowing reimbursement for such expenses. We reaffirmed our
earlier decision to deny reimbursement.

     Our recent decision stated: It is clear that the statute and
implementing regulations contemplate reimbursement only for items essential
or indispensable to subsistence. We cannot regard alcoholic beverages
* * * as falling within such category. * * * The denial of reimbursement
for alcoholic beverages has existed for a long time in our decisions, and
the Congress has not taken action to the contrary. In the circumstances,
we see no compelling reason for a change and conclude that reimbursement
for alcoholic beverages consumed with meals is not authorized.

     Mr. Everett contends, however, that he should be reimbursed for the
expenditures since his religion requires that he take alcohol with his meals
and that the refusal to pay the expense is religious discrimination.

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