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B-214482 1 (1984-09-07)

handle is hein.gao/gaobadlwx0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECI81ON , OP THE UNITEO STATES WASHINGTON. 0.C. 2054U FILE: B-214482 DATE: September 7, 1984 MATTER OF: Betty D. Gardner - Per Diem During Period of Long-Term Training - Retroactive Modification of Orders OIGEST: Civilian employee of the Defense Logistics Agency assigned to long-term training at the Armed Forces Staff College in Norfolk, Virginia, was authorized and paid a per diem rate that included a housing allowance for Govern- ment family quarters. Agency now seeks to limit the per diem housing allowance to the single occupancy rate thereby placing the employee in debt to the Government. There is no legal justifi- cation to revoke and retroactively modify the employee's per diem entitle- ment, which vested at the time the assignment was performed under competent travel orders, where employee's authorized per diem entitlement at family quarters rate incident to long- term training did not clearly conflict with law or regulation and agency's unwritten, unarticulated policy, which was not ascertainable by employee, is not apparent error to justify retro- active modification of travel order. The Chief of the Accounting and Finance Division of the Defense Logistics Agency (DLA or the agency) has requested a decision on the propriety of per diem payments made to Mrs. Betty D. Gardner, an employee of that agency, for per diem in connection with long-term training. The DLA says that Mrs. Gardner was only entitled to a single Government quarters fee substantially below that which she received. We find no law or regulation and no longstanding written agency policy which must be uniformly applied to Mrs. Gardner's per diem payments, and we find no apparent error in Mrs. Gardner's travel order which justifies retro- active modification. Thus, we hold that Mrs. Gardner was properly reimbursed for per diem in connection with her long-term training assignment. o JOA 4

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