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B-256938 1 (1995-09-21)

handle is hein.gao/gaocrptabyi0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Marvin B. Atkinson File: B-256938 Date: September 21, 1995 DIGEST Per diem claim for meals consumed by an aircraft pilot of the U.S. Customs Service while performing official investigative duties not on-board the aircraft during travel of more than 10 hours but less than 24 hours in neighboring cities may be paid. DECISION Employee of the U.S. Customs Service appeals our Settlement Certificate Z-2869219, dated August 10, 1994, denying him reimbursement of $246 for food. We remand the case to the U.S. Customs Service for action in accordance with the decision below. BACKGROUND Mr. Marvin B. Atkinson is an aircraft pilot of the U.S. Customs Service, Office of Enforcement, assigned to the Pensacola Air Unit in Milton, Florida. His primary duties include piloting various aircraft in carrying out law enforcement functions involved in the investigation and interdiction of smuggled merchandise and contraband and the detection and apprehension of both civil and criminal violators. During the period April 1993 to September 1993, Mr. Atkinson was involved in flights to various neighboring cities where he was engaged in meetings, surveillance and training. The travel involved more than 10 hours but less than 24 hours on each of 12 days. In connection with this travel, he submitted claims for meals and incidental expenses totaling $246. The U.S. Customs Service disallowed Mr. Atkinson's claims stating that both the aircraft and its base are his official duty station at which location the government may not provide meals to its officers, employees, or others. He appealed to our Office and we concurred with Customs. Mr. Atkinson now appeals our denial of his claim, asserting that by defining the aircraft and its base as his official duty station, Customs is contravening Title 4 of the Code of Federal Regulation, part 301-7. la which states that an employee is entitled to per diem while away from his official duty station on official business. 1114925

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