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B-205440 1 (1982-05-25)

handle is hein.gao/gaobadkic0001 and id is 1 raw text is: L I I 0 OIc'ceicwO M~y7r THEN CCMPTRCLLMR UENERAL 0CFT HEV U N I T 1- STATES WASHINGTON, ., C, 20540 DATE; May 25, 1982 MAT'iER DIGEBT OF: Walter A. Gilmore Employee station-cd in Washington, D.C., who performed intermittent temporary duty in (ines, Illinois, 4fter being notified that he would be transferred to Hines.effective September 9, 1978, nonetiel(i.ss may be paid per diem when at Hines' through December 30, 1978, since he wat issued temporary duty orders to Hines during this period and until reporting to Hines on that date spent much of his time on assign- ment in Washington, D.C. Thie action is in response to Mr. Walter A, Gilmore's appeal from the settlement of our Claims Group in Z-2823592, September e, 1981, which dis- allowed h,,s claim foz per diem vt Hines, illinois, for the period subsequent to Sept ember 10, 1978, on the basis that Hines became his permanent duty sta- tion when he reported for duty on that date. For the reauons set forth'herein we find that Mr. Gilmore rep&rted for duty at his new duty station on Decem- ber 30, 1978, and the Claims Group's action d-inying his claim for per diem at Hines prior to that time Is reversed. Mr. Gilmore was notified on Autust 29, 1978, that ho was to be transferred to Hlines, Illinois, effective September 9, 1978. Between August 29 and December '30, 1978, he traveled to Hinen under tcmpo'rary duty travel orders on four separate occassions. In addition, he was issued permanent change-of-station trav1 orders with reporting dates of October 22, 1978, and January 1979. Thus, the confusion concerning the effective date of Mr. Gilmore's transfer and per diem entitle- ment arose as a result of the conllcting temporary duty and permanent change-of-station travel orders. Mr. Gilmore was p&id per diem by his agency for the time he spent in* Hines between September 9 and December 30, 1978. However,1the agency now seeksto recover those funds on the basis that paragraph 1-7.6 of the Federal 'fravel Regulations (FTR) (PPMR 101-7) precludes payment of per diem to an employee while vt -ILE: B-205440

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