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B-197561 1 (1981-12-14)

handle is hein.gao/gaobadjxq0001 and id is 1 raw text is: CUCISION THU COMPTROLLUR ONETRAL MwF TH UNITS1 U8TATEU W ABHINGTON , D,0 9215#4 a FII.E; B-197561 DATV: December 14, 1981 MATTER C DIGEST: Thomas A. Bowman and Daniel J, McCormick Per diem while on temporary duty Former Forest Service employeqs claim additional per diem for periods when meals and miscellaneous portons of p=r diem wa limited by agency to q9, Agency relies on duty imposed by the Federal Travel Regulations paragraph 1-7,0a, to authorize only such per diem as is justified by ctrcumstances of travel. However, Forest Service Wunual implementing FTR para, 1-7.3a allows exceptions to standard per diem rate only under limited cic.cumstances, none of which is applicable in this case. Thus, under Forest Service Manual em- ploy3es are entitled to standard pe diem rate, applicable at time of travel, of average daily lodging costs plus 16 for meals and miscellaneous expenses, not to exceed $35 per day. Thomas A. Boman and Daniel J. McCormick, former employees of the Forest Service, appeal the Claims Group denial of their claim for additional par diem. The claim- ants argue that the Forest Service was without authority to reduce their per diem incident to their temporary duty assignments. For the reasons that follow, we agree with the claimants. Mr. Bowman and Mr. McCormick were employed as Foresters by the Southern Forest Experiment station in New Orleans, Louisiana. They were required to travel throughout the region on a continuing basis. Their travel orders autho- rized a limited per diem allowance, consisting of average daily lodging costs plus $9, not to exceed $23 per day. .They traveled intermittently under these orders from the latter part of 1977 through June 30, 1978, Their per diem allowance was increased to the standard rate effective July l, 1978, after their supervisor was in- focmed that Forest Service regulations were being misapplied. Ir ,5 1, o #. - -)- ( , &/ le. 40

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