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B-189622 1 (1978-03-24)

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FILE:  3-189622

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            THE  COMPTPRCLLER OUNERAL
* i.2. OF THE UNITEDr UTATBE
            WAS INGTON. O.C. 20540
    1171tV


DATE:   March 24, 1978


Roscoe L. Siramons - Actual Subsistence Expenses -
Meal at Airport at Permanent Duty Station

NSA employee on TDY from Fort Meade authorized
actual e>.penses claims cost of dinner obtained
at Baltimcre-Washington intrrnaticial Airpo;rt
upon return Lefure proceeding to residence at
Columbia.  Claim disaLlowed. Subsistence ex-
penses at permanent dut) station airport are
nct generalLy allowable. Election to eat
dinner at airport rather than home was personal
and cost was noc necessary expense of official
travel within purview of 5 U.S.C. 5702(c).


     By memorandum dated June 29, 1977, ruference N41/0411, PD'ATAC
Control No. 77-24, Mr. W, Smallets, Chief, Finance and Accounting,
Central Security Service, National Security Agency, Department of
Defense, requests a decision on a claim of Mr. R. -,oe L. Simmons,
an employee stationed at Fort George G. Meade, Maryland, for $11.10.
This was the cost of a dinner meal he obLained at the Baltimore-
Washington International Airport upon his retrn from temporary
duty before proceeding to his residence at Columbia, Narjland.

     Mr. Simmons traveted to Los Angelesi, California, a high cost
area, on Monday, May 9, 1977. Actual subsistence expenses were
authorized for this trip pursuant to paragraph C4601, volume 2,
Department of Defense Joint Travel Regulations. He returned on
Friday, May 13, 1977, dtparting Los Angeles at 11:45 a.ta. Pacific
time (2:45 p.r. Eastern time) on a lunch flight, and arriving at
the Baltimore-Washington International Airport at 7:00 p.m. Eastern
time.  He then obtained the dinner meal in question at the airport
after which he departed at 7:45 p.m. and arrived at his residence
at Columbia at 9.OO p.m.

     It appears to be Mr. Simmons contention that his claim should
be allowed because dinner was not served on his flight, because the
time of arrival at his residence was beyond the normal dinner time,
and because, had he been authorized per diem in lieu of actual sub-
sistence, his entitlament would have continued through the last
quarter of day of his return, the period in which the dinner was
obtained.  The Chief, Finance and Accounting, however, believes the
claim to be doubtful in view of our decision in Matter of Bennie L.
Pierce, B-185826, May 28, 1976, and raises the following questions:


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