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B-184766 1 (1976-06-25)

handle is hein.gao/gaobaddcs0001 and id is 1 raw text is: 5 ~THE COMPTROLLER GENERAL DECISION ..OF THE UNITED STATES WASHINGTON, D.C. 20549 FILE: DATE: JUN 2 5 1976 0 MATTER OF: John M. Botaling - Per Diem at Training Course DIGEST: Employee of Naval Sea Systems Command claimed additional per diem and stated that he accepted travel advance based on per diem rate of $25 in good faith and that neither he nor his command were aware that there was lesser per diem rate ($8.30) for assignment at Defense Management Systems Course, Naval Post Graduate School. Claim may not be allowed as travel orders prescribed per diem at rate set by Joint Travel Regulations; employee is charged with knowledge of applicable laws and regu- lations. See cases cited. This action concerns a request for reconsideration of the disallowance in Certificate of Settlement Z-2587692, issued July 18, 1975, by our Transportation and Claims Division (now Claims Division), of the claim of Mr. John H. H1otaling for per diem at the rate of $25 per day for temporary duty performed from January 6, 1975, through January 31, 1975, at the Naval Post Graduate School in Monterey, California. The record shows that Mr. Hotaling, an euployee of the Naval Sea Systems Command, Washington, D.C., was issued Travel Order No. N0002475TO5CWQA, dated December 27, 1974, to attend the Defense Management Systems Course at the Naval Post Graduate School, Monterey, California, from January 6 to January 31, 1975. The travel order authorized per diem in accordance with the Joint Travel Regulations and showed an estimated cost of $750. This estimate was based on an assumed per diem rate of $25 per day for 30 days. On December 31, 1974, Mr. Hotaling was paid a travel advance of $750. After returning from the Naval Post Graduate School in Monterey, Mr. Hotaling received a letter from the Navy Regional Finance Office, Washington, D.C., dated February 21, 1975, which stated that his travel advance of $750 exceeded earned entitlements by $479.17 and requested repayment of the same. The reason for the overpayment was explained as follows in a second letter to Mr. Hotaling, dated March 12, 1975:

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