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B-245061 1 (1992-04-15)

handle is hein.gao/gaobadoay0001 and id is 1 raw text is: 



LComptroller General
             of the United States
             WSWuw,A20548
             Decision

             Matter of:     David Lacy
             File:          B-245061

             Date:          April 15, 1992

             DIGEST

             Agency regulation that prohibits payment of per diem for
             travel of more than one calendar day when the travel
             performed by the employee is within a 35-mile radius of his
             official station is in accord with FTR, I§ 301-7,5(a) (1991)t
             The agency regulation also permits exceptions to be made for
             unique agency program requirements, Under the circumstances
             of this case, since the employee's attendance was needed at
             a training site at night as well as during the regular
             workday, we would not object to payment of per diem based on
             unique program requirements,

             DECISION
             A, certifying officer of the Forest Service, United States
             Department of Agriculture, asks whether a travel voucher
             claim for $211.34 submitted by Mr. David Lacy, an employee,
             may be paid. We would not object to payment of his per diem
             as authorized by the agency's travel regulation.
             Mr. Lacy attended and conducted a workshop/training program
             on April 16-19, 1990, for employees of the Forest Service in
             Middlebury, Vermont, a distance of 32 miles from his
             official duty station in Rutland, Vermont.  Mr. Lacy stayed
             in Middlebury for the duration of the program, incurring the
             $211.34 expenses in question.
             The agency believes that Mr. Lacy's full-time attendance at
             the meeting site: was necessary, sinceinight sessions- were
             held-to; shorten the numberof days'd equired to: give the
             training.  It therefore wants to pay his travel voucher, but
             questions whether it may do so in view of a Department of
             Agriculture travel regulation. That regulation provides
             that per diem may not be paid (1) for travel within one
             calendar day when the travel is performed within a 25-mile
             radius of the employee's official duty station or home, and
             (2) for travel of more than 1 day when the travel is
             performed within a 35-mile radius of the employee's official
             duty station. Agriculture Travel Regulations (ATh)
             1-7.4(a) (1) and (2). Since the agency workshop was held
             32 miles away from Mr. Lacy's duty station, the certifying

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