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B-185429 1 (1976-07-02)

handle is hein.gao/gaobaddbu0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: DATE: JUL 21976 B-185429 9 MATTER OF: Thomas M. Bowman - Retroactive amendment of travel orders DIGEST: Travel order authorized per diem at flat rate of $33 for first 30 days of extended temporary duty assignment contrary to agency instruction setting per diem at `$14 plus lodgings not to exceed $33 for the first 30 days.' Certifying Officer properly reduced allowable per diem to amount prescribed by instruction. General rule against retroactive modification applies only to orders issued witiin scope of authority of authorizing official under applicable law and regulations and does not prohibit correction of orders issued in contravention or disregard thereof. By letter of Tovember 20, 1975, K. J. To-nsend, an authorized certifying officer for the United States Depart- ment of the Interior, Bureau of Reclamation, has requested this Office's opinion as to whether a reclaim voucher in the amount of $lZ8.75 submitted by Mr. Thomas M. Bowman may be certified for payment. Mr. Bowman's claim is for additional per diem for the first 30 days of his 90 day temporary duty assignment, commencing August 3, 1975, to Auburn, California, and arises as a result of the retroactive reduction in the per diem allowance authorized in connection with that assignment. Prior to commencing his temporary duty assignment, the employee's travel author- ization was amended twice, each time to authorize a different rate of per diem reimbursement. After completing the first 30 days of this temporary duty assignment, Mr. Bowman was issued a third amendment, retroactively changing the basis for payment of per diem. The submission shows the following chronological order of events related to the claim. Travel authorization No. A-76-2 was issued to the employee on July 1, 1975, and prescribed a per diem allowance at the prevailing rate. Shortly thereafter,

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