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B-191104 1 (1979-05-09)

handle is hein.gao/gaobadhfe0001 and id is 1 raw text is: DECISION FILE: B-1911 M)WER OF: #00DIGEST: 1. 04. . THE COMPTROLLER GENERAL OF THE UNITED STATES 4 pWASHINGTON,.DC. 20548 04 DATE: May 9, 1979 Customs rvice Ins ector1 Mileage and Per Diem /;r 7,m WeJ Oi/'Wda J7,%v~ Customs Service inspectors claim mileage and per diem under agency regulations for travel to Customs station 11 to 40 miles from their assigned port of entry (POE). Our decisions give agencies discretionary authority to restrict mileage and per diem where employees perform travel in vicinity of their official duty station. Therefore, since inspectors perform travel to Customs station 11 to 40 miles from their POE on regular basis and Customs regulations state that travel on predetermined rotational schedule to local places is deemed travel within an em- ployee's headquarters and is nonreimbursable, inspectors' claims are denied. 2. Customs inspectors assigned on an irregular basis to towns, defined as Customs stations by 19 C. F. R. §§ 1. 3(a) and (d) (1977), near their regular headquarters claim mileage and per diem. Customs denied claim because the same towns are also defined in Customs regulation 19 C. F. R. § 1. 2 as being part of the inspector's port of entry (POE) and travel expenses within POE are not reimbursable under Customs reg- ulations although travel beyond POE is reim- bursable. Since 19 C.F.R. §§ 1.3(a) and (d) state that Customs stations are places other than POE, the regulations are apparently inconsistent. We shall read the regulations in favor of the inspectors so as to entitle them to mileage and per diem. The National Treasury Employees Union (NTEU) has requested Cj a decision on behalf of six Customs Service inspectors as to whether they are entitled to mileage and per diem for travel outside their official duty stations. We requested a report on the matter from the Customs Service and our decision is based upon the information received in the Customs Service report as well as that sent us in NTEU's submission. 726tgi

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