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B-190711 1 (1978-08-14)

handle is hein.gao/gaobadggt0001 and id is 1 raw text is: 

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FILE:  B-1

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1 .. _. ,THE COMPTROLLR OSNERAL
        OF   THE   UNITED STATES
        WASHINGTON. .0.C. ;054


3.


LDATE:  August 14, 1978


  Leighton E. Johnson - Claim for additional per
  diom  and mileage incident to temporary duty

1. Employee  claims additional per diem allowance
   on basis that travel orders allegedly authorized
   rate of $25 which was consistent with what other
   persons at same facility were paid. Although
   travel orders authorized only $12 rate, JTR pro-
   vided for a maximum rate of $25, which could not
   be reduced unless such reduction was approved
   by the Per Diem, Travel and Transportation Allow -
   ance Committee.  See JTR C8051(e)(2).


              2, Employee is not entitled to mileage from place of
                 lodging to temporary duty station since agency did
                 not authorize it and such authorization is within
                 the agency's discretion upon consideration of the
                 best interests of the employee and the Government.

   This action is a request for reconsideration of a settlement of
November  22, 1976, issued by the Claims Division of our Office,
which denied, in part, the claim of Mr. Leighton E. Johnson, an
employee of the State Military Forces- California (National Guard),
Sacramento, California, for additional per diem allowance and
mileage expenses incident to his temporary duty assignment (TDY)
to attend a course in instruction at the Army Training School, Ft.
Eustis, Virginia.

   The facts of this case, according to the record, are summarized
as follows. Travel Ordei number 1497, issued October 9, 1970,
authorized Mr. Johnson approximately 4 days of TDY at the Army
Training School. It was indicated in block 16 of these orders that
per diem was authorized as prescribed by paras. C8051 and C8101,
Volume  2 of the Department of Defense Joint Travel Regulations
(JTR), which resulted in a stated rate of $12. Thereafter, the Per
Diem, Travel and Transportation Allowance Committee, the authority
responsible for promulgating the JTR, issued Joint Determination,
number 46-70, dated December  22, 1970, which was subsequently
ineorporated in the JTR by change number 65. The Joint Determi-
nation established specific per diem rates for employees attending
training courses at various military installations effective January 1,
1971. The  rate established for training courses at Ft. Eustis, Vir-
ginia, was $21.


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