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B-204211 1 (1982-04-05)

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    FILEwB-204231                 DATE: April 5. 1982

    MATTER OF: Kenneth E. Valant

    DIGEST: Where employee necessarily obtains lodgings
            in high-cost area because there were no
            accommodations in per diem area where em-
            ployee was assigned to temporary duty,
            situation falls within unusual circumutances
            criteria of paragraph C4606, Volume Ii of
            the Joint Travel Regulationa, under which
            actual expenses may be authorized or
            approved.

      A finance and accounting officer of the Army has asked
 for an advance decision on the reclaim of Mr. Kenneth E.
 Valant for reimbursement of the difference between per
 diem and actual expenses hile on a temporary duty, assign-
 ment, This request was forwarded through the Per Diem,
 Travel and Transportation Allowance Committee and assigned
 Control No. 81-20.  Subject to the procedural requirements
 imposed by paras. C4606 through 4608 of Volume II of the
 Joint Travel Regulations, Mr. Valant's claim falls within
 the criteria of para. C4606 for approving actual expenses
 based on unusual circumstances.

     The record shows that Mr. Valant and four other employ-
ees of the United States Army Defense Ammunition Center School
at Rock Island Arsenal, Rock Island, Illinois, were assigned
in October 1979 to temporary duty at Toole Army Depot, Utah.
While at Toole the employees were reimbursed the maximum $35
per diem. However, because there was no Government housing
available at Toole Army Depot and because lodgings otherwise
were unavailable in the vicinity, the Protocal Office at
Toole Army Depot arranged lodgings fog'7 the employees in Salt
Lake City, a high-rate geographical area. Upon returning
the employees requested reimbursement of actual expenses
based upon the higher rate designated for Salt Lake City.

     The issue in this case is whether the employees may be
reimbursed actual expenses based on the high-rate geographi-
cal Area where they obtain lodgings instead of the per diem
rate applicable to the site where they perform temporary
duty. We have previously considered the actual expenses
entitlement of an Interior Department employee who necessarily
obtained lodgings in a high-rate geographical area en route
to and from temporary duty in a nearby per diem area. We
stated that the Federal Travel Regulations (FTR) provide

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