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B-211818 1 (1984-02-14)

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DECISION


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           THU COMPTROLLER G1NEIRAL
( C?    OF THEt UNITED 19TATHO
        4  WASHINGTON., 0.0  00540


f FILE:


[-21 18 18


MATTER   OFS


OATED:


Durel R. Patterson -
Staying at Residence
Duty Site


February 14,


Per Diem While
Near Temporary


Employee claims reimbursement  for reduced
per diem rate  (no lodging cost) while
staying at his residence which  is near
his temporary duty site,  When wozking at
official duty station 65 miles  from his
residence, employee does noL commute from
his residence but staya at his in-laws'


house,
ment of
Travel
agency'
ment of
in this
regulat
per dir'


His  travel
per  diem in
Regulations
s own regula
reduced  per
situation.
ions require
m rate under


orders authorized pay-
accordance  with Joint
(JTR),  Eoth JTR and
tions provide for pay-
diem  (no lodging cost)
We  hol] that these
payment  of a reduced
these  circumstances.


     The National Federation of  Federal Employees (NFFE)
has 3ubmitted a claim on behalf of  Mr. Durel R. Patterson
for per diem while residing at  his family residence while
on temporary duty at Baton  Rouge, Louisiana, This  request
has been handled as a labor-relations matter under our pro-
cedures contained in 4 C.F.R.  Part 22 (1983), and in this
regard we have received a report  from the Finance and
Accounting Office for the New Orleans District Corps of
Engineers, Department of the Army.

     The issue presented  is whether under the applicable
regulations the employee is entitled  to a reduced per diem
rate while he stays at his own residence while on temporary
duty.  We hold that the employee  is entitled to a reduced
per diem (no lodging cost) based on the following analysis.

                            FACTS

     The facts of this case are not in dispute.
Mr. Durel R. Patterson is employed by the Department of
the Army, New Orleans District Corps of Engineers.
Mr. Patterson's permanent duty station has been Simmesport,
Louisiana, since October 1, 1978.  Mr. Patterson moved his


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