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B-190376 1 (1978-08-25)

handle is hein.gao/gaobadgic0001 and id is 1 raw text is: 
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                              THE  COMPTROLLESP Cb4NIERAL
.  DEEcIIoIl .   i).) OF THE UNITED
                              *     WASHINGTON,  D.c.  205tA0


FILE: B-190376


DATE:  PAnglst 20 1?79


MATTER   DV:  Harry Levin - Claim for per diem at training center


DIGEST:


Employee  stationed in Washington, D. C. was
authorized 3 days training at nearby Columbia,
Maryland, in January 1977. He was authorized
per diem instead of mileage for daily commuting
becaiuse of adverse weather conditions. However,
he used lodgings furnished by xis agency only for
such purposes as changing clothe- and studying,
and returned to his own residence to sleep. He is
net entitled to per diem since such use of lodgings
does not meet the statutory and regulatory require-
ments of necessity and reasonableness for per diem
purposes.


   This action results from a request dated October 5, 1977, by
Mr.  Harry Levin to review a demand by the Department of Housing
and Urban Development (1-TUD) for repay rnent of certain per diem
expenses paid to him or on his behalf incident to a temporary duty
assignment.

   Mr.  Levin, a Realty Specialist with the ReconditiorAng and
Contracting Division, 1UD, Headquarters, Washington, 1). C.,
was authorized to travel to an instructor's training courre to be
held at the 1-UD-E3ast Training Center, Columbia, Maryla;:d, from
January 17 to 20, 1977. The travel order showed estimated travel
costs of $28. 60, 40 miles pe day for 3 days, plus $48, 3 days per
diem at $16 per day. Mr. Levin u:ually commuted to the Center
when he was scheduled for training but due to adverse weather con-
ditions he was given the choice of staying at a room 3 eservcd by
HUD  at the Cross Keys Inn. Mr. Levin used the room for working
and freshening up but chose to return to his residence at night to
sleep. He submitted a voucher and was paid $54. 21, 3 days per
diem plus niile-ge for one round trip from his residence to
HIUD- East.

   Sllsrbsi;cntly, TR'UD %- as advised Lhat Mr. Levin had not stayed
overnight at the Cross Keys Inn and billed him for $71. 11. That
amount was  oinputed on the basis of an overpayment of $35. 61 on
his voucher ($54. 21 less round-trip mileage or '18. 60 for 3 days)
plus $35. 50 paid by HUD to the Cross Keys Inn for 2 days. Appar-
ontly TIUD did not request payment for the lodging expenses on the


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