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B-185355 1 (1976-07-02)

handle is hein.gao/gaobaddbv0001 and id is 1 raw text is: DECISION FILE: THE COMPTROLLER GENERAL t:. OF THE UNITED STATES VVA SHI N G TON, D. C. 0 548a ce ,161- DATE: JUL 2 1976 i MATTER OF: Robert L. Feder - Retroactive Modification of Travel Orders DIGEST: Where employee was detailed to Intergovernmental Personnel Assignment in a different city than his permanent duty station for six months but, through administrative oversight was not issued travel orders, no right to a particular per diem rate vests as and when the travel is performed so as to prohibit retroactive modification of travel orders issued after all travel was performed. This action is in response to a request for an appeal from Claims Division Settlemint Certificate N.o. Z-25 70905, September 10, 1975. Mr. Robert L. Feder, an employee of the United States Environmental Protection Agency (U.S. EA) thereby clains additional per diem payments resulting from an assignmant to the Ohio Environmental Protection Agency (Ohio EPA) under the Intergovern- mental Personnel Act (IPA), 5 U.6.C. 3371, et seq., (1970). The claimant was employed with the U.S. EPA in Cincinnati, Ohio until October 1973 as a Sanitary Enjineer, Office of Solid Waste -anagement Prorrams. In September 1973, claimants assignment t'o the Ohio EPA under the IPA was requested. This assignment was to be in Columbus, Ohio. Prior to reporting to Columbus for duty under the IPA assignment, an agreement was en- tered into between the U.S. EPA, the Ohio ZPA and the employee whereby Mr. Feder would be detailed from his position with the Federal Government to the State agency for a two year period. Part IX of that agreement provides: U.S. EPA will pay for travel and transportation expenses, including immTediate family and household expenses, to assignment. Ohio EPA will pay for all travel on State business under State travel regula- tions. U.S. EPA will pay for all travel and trans- portation expenses including immediate family and household effects for return of employee at con- clusion of assignment. Notwithstanding the above indication that the expenses of transporting his family and household effects would be borne by the U.S. EPA, Mr. Feder was never issued travel orders during the period of his 1PA assignment. The record reflects Mr. Feder's good faith efforts to obtain travel orders. On November 4, 1973,

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