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B-221201 1 (1986-07-10)

handle is hein.gao/gaobadmjq0001 and id is 1 raw text is: 



                           THECOPT~ROLLER GENERAL
DECISION      .          OP THE UNITEO       STATES
                  a WAS HI NGTO N,. .C. 20549




FILE:    B-221201             DATE: July 10, 1986

MATTER OF:     Chief Warrant Officer James W.
               Gilliam II, USA

DIGEST:

        A military member's waiver of his entitle-
        ment to transportation allowances incident
        to his attendance at a training course is
        ineffective where the travel was directed
        by the service and not permissive. While
        the Joint Travel Regulations make provi-
        sion for elimination of or reduction in
        per diem under certain conditions, no pro-
        vision is made for waiving the transpor-
        tation allowances in such a case. The
        member was directed to travel on temporary
        duty and he is entitled to be reimbursed
        for his airfare to attend the training.

     The question presented in this case is whether a waiver
of travel entitlements executed by an Army member prior to
performing temporary duty is to be given effect.1/ As will
be explained below, the waiver is ineffective in this case.

                        Background

     Chief Warrant Officer James W. Gilliam II, a physician
assistant assigned to duty at Fort Clayton, Panama, was
issued temporary duty travel orders on October 3, 1984,
authorizing him to travel from Fort Clayton to the West
Indies and return to attend a conference relating to his
duties as a physician assistant. Prior to issuance of his
travel orders, Mr. Gilliam executed a waiver of all entitle-
ment to Government-paid travel to and from the conference.
His travel orders did provide for him to receive per diem
and authorized $450 for the conference registration fees.


1/   This decision is issued in response to a request
     from Major Leonard L. Greisz, Finance and Accounting
     Officer, Headquarters, 193d Infantry Brigade (Panama).
     The Per Diem, Travel and Transportation Allowance
     Committee has assigned it control number 85-36.

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