About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-184520 1 (1976-07-13)

handle is hein.gao/gaobadcxi0001 and id is 1 raw text is: THE CL)IMPTROL, _-: GENERAL DECISID .I OF THE UNITED STATES / WASHINGTON. D. C. 20548 FILE: DATE:JUL 1fl976 IB-184520 MATTER OF: Marjorie T. McLendon - Claim for increased per diem and automobile expense DIGEST: 1. Reduction of per diem allowance for temporary duty upheld when reduction was in accordance with cost of living survey as provided by Joint Travel Regulations, Volume II, para. C8051. Contention that other employees were overpaid does not con- stitute sufficient basis for sustaining claim to additional per diem allowance. 2. Allowance for mileage while on Government business in conformance with 5 U. S. C. 5 5704 precludes additional reimbursement of ordinary costs of main- tenance incident to the use of a privately owned vehicle. By letter dated June 6, 1975, Ms. Marjorie T. McLendon re- quested reconsideration of our Transportation and Claims Division (now Claims Division) settlement Z-2446421 dated December 7, 1972, which disallowed her claim for additional per diem and automobile expenses while on temporary duty (TDY) at the Logistics Systems- Support Center (LSSC) at Chambersburg, Pennsylvania, for the period December 9, 1969, through April 18, 1970. Although receiving $22 per diem during this period of TDY, Ms. McLendon contends she is entitled to the legal maximum rate of $25 per diem because other employees performing TDY at the same location received the maximum per diem rate of $25 during the same period. She also claimed $64 reimbursement for the purchase, mcinting, balancing, and realignment of snow tires obtained for her private automobile while on temporary duty. The facts in Mrs. McLendon's case were fully stated on our Office settlement of December 7, 1972, and need not be repeated here except as pertinent to the present dis- cussion of the case. During the time she was on temporary duty, payment of her per diem allowance was authorized by 5 U. S. C. 5 5702(a) (1966) which provided that an employee was entitled to a per diem allowance prescribed by the agency concerned that may not exceed the rate of $16. Public Law 91-114, approved November 10, 1969, increased the maximum per diem rate for travel within the limits of the continental United States from $16, to $25. A per diem

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most