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B-213341 1 (1983-12-27)

handle is hein.gao/gaobadlmi0001 and id is 1 raw text is: 



OECISION





PILE: B-213341


THE COMPTROLLER GENERAL
OP THE UNITEO 6TATES
WASHINGTON, O.C. 20548


DATE: December 27, 1983


MATTER OF: Clarence E. Berg


DIGEST:


Where Department of Defense employee lodged
without charge in Government quarters at
remote duty site in Alaska, because other
lodgings were unavailable, his per diem was
properly reduced under regulation requiring
50 percent reduction in locality per diem rate
where employee lodges free of charge in Gov-
ernment quarters. The fact that the accommo-
dations may not have met the Department's own
standards of adequacy does not change their
character as Government quarters or warrant
payment at an unreduced rate of per diem to
compensate for hardship that may have been
occasioned by his occupancy of the particular
quarters.


     This action is in response to a request for reconsid-
eration of a recent settlement by our Claims Group that
denied Clarence E. Berg's claim for additional expenses
incident to performing temporary duty at certain remote
locations in Alaska. We conclude that the claim was
properly denied.

     Mr. Berg's claim relates to 172 days he spent on
temporary duty during fiscal years 1980-1982 as a civilian
employee of the Department of the Air Force. He contends
that $6,106 was improperly deducted from his per diem
for his use of Government quarters in the course of his
temporary duty assignments. Although he was exempt from
the requirement otherwise imposed upon Department of De-
fense employees by paragraph C1055-1 of Volume 2 of the
Joint Travel Regulations (2 JTR) to use Government quar-
ters when adequate Government quarters are available,
he had no alternative on those occasions. Because of
the remote location of the temporary duty sites alterna-
tive lodgings were unavailable. Since Mr. Berg used
Government-contracted quarters at no charge, his per diem
was reduced in accordance with 2 JTR paragraph C4552-3d.
That paragraph provides that when Government quarters are
available without charge to the traveler the prescribed


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