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B-200794 1 (1981-07-23)

handle is hein.gao/gaobadjov0001 and id is 1 raw text is: DECISION FILE: B-200794 MATTER 0I DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0. C. 20548 DATE: July 23, 1981 Johnny S. Taylor, Jr. - Per diem rate F: during temporary duty Per diem which is provided at a reduced rate for Department of Defense employees traveling overseas where they have meals available at lower than commercial prices is not contrary to law and is not an additional allowance prohibited by 5 U.S.C. 5536. Instead it is travel per diem authorized by law, 5 U.S.C. 5702 and 5707. Therefore, an employee who claims per diem at a higher rate on the basis the lower rate is unauthorized may not have his claim allowed. This action is the result of an appeal from the settle- ment of our Claims Group dated September 9, 1980, which denied Mr. Johnny S. Taylor, Jr.'s claim for reimbursement of travel expenses as a civilian employee of the U.S. Army Corps of Engineers while in Saudi Arabia on temporary duty during March and April 1980. Mr. Taylor's claim is for per diem in excess of the per diem prescribed in footnote 13, Appendix A, Volume 2, Joint Travel Regulations (JTR). Mr. Taylor contends that footnote 13 amounts to a subsistence allowance because it in effect requires him to eat his meals at particular, non- commercial facilities, and he contends that this subsistence allowance is prohibited by 5 U.S.C. 5536 (1976). Section 5536 prohibits members of the uniformed services and civilian employees from receiving additional pay or allowances, such as subsistence payments, unless they are specifically authorized by law. 42 Comp.'Gen. 149 (1962). On the basis that the reduced per diem is, therefore, unauthorized Mr. Taylor claims the full per diem found elsewhere in Appendix A. The issue in this case is whether 5 U.S.C. 5536 prohibits the application of the per diem prescribed in footnote 13. We agree with our Claims Group that it does not and that Mr. Taylor was properly limited to the per diem prescribed in footnote 13 while traveling in Saudi Arabia. The per diem rate found in footnote 13, Appendix A, 2 JTR, is much lower than the normal per diem rate for Saudi Arabia found elsewhere in Appendix A because it is predicated upon Government quarters and meals being available to the traveler incident to his official assignment through Li &

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