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B-186643 1 (1976-10-28)

handle is hein.gao/gaobaddyp0001 and id is 1 raw text is: 






DEISCISIOC3N    *     .*
                   ' *6.*


THE  CDMPTROLLER~ WL N1ERAL
D F THE UNITEl1D STATES
WASHINGTON. D. C. 2050lL


B-186643


DATE:


October 28,


MATTER   OF:


DIGiEST!


Fred Frishman  -oPer diem for lodging
in noncommercial quarters


Employee  on tempcrary jduty away from
headquarters lodged at his second home,
Employee's  claim for lodging qxpenses is
denied, Lodging expenses must  be directly
attributable to his official travel'and he
incurred as a direct consequence of his
official travel, Generally, it would be
reasonable to ascribc a no cost' factor
to those nights employee spends at his
second home.


    This action is a response to an appeal by Fred Frfshman of our
Claims Division settlement dated March 26, 1975, disaiiowing his
claim for reimbursement of expenses incurred for :emporary
quarters in connection with temporary duty perfornz& In Wrish-
ington, D. C,, during the period September ,2-14, lt'73;2s an
employee of the United States Army Research Office, Durbm,
North Carolina. The  Claims Division settlement disallowed the
claim because no evidence could be found of additional lodging
expense since Dr. Frishman resided In a second home in the
Washington, D. C.  area during the time in question and did not
incur lodging expenses as such.

    In support of his claim for additional per diem reimburse-
ment, Dr.. Frishman states that lodging expenses were incurred
by him as a result of his residing in his second home, Further,
Dr. Frishman  points out that such expenses were much less
than the cost of a hotel room, thereby saving the Government
money.  Dr.  Frishmai also cites our recent decision involving
Dr. Curtis Tarr, B-181294, March  16, 1976, in support of his
claim.

   Section 5702 of title 5, United States Code, in effect at the
time in question, provided that, under regulations prescribed by
the Office of Management and Budget, employees traveling on
official business were entitled to a per diem allowance inside the
continental United States at a rato not to exceed $25 a day. Im-
plementing regulations appear in the Federal Travel Regulations
(FPMR  101-7) (May 1973), as amended.  FTR  para. 1-7. 3
(May 1973) provided in pertinent part as follows:


4


4,


FILE:


1976


v


:

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