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B-201588 1 (1983-03-08)

handle is hein.gao/gaobadkxt0001 and id is 1 raw text is: B-201588 THE COMPTROLLER GENERAL OF THE UNITED STATE3 WASHINGTON. 0. C. 20548 DATE: March 8, 1983 MATTER OF: Per Diem Allowances - Temporary Duty at Andros Island, Bahamas - Reconsideration DIGEST: 1. Navy activity directive establishing a $10 per diem rate for employees performing temporary duty at installation on Andros Island, Bahamas, based on normal cost of quarters and meals furnished to employees was upheld in B-201588, March 25, 1981. In appealing from that decision, claimants argued that Navy activity failed to comply with paragraph C8050-1, 2 JTR (currently paragraph C4450-Ib, 2 JTR), which requires agency officials to obtain advance approval from PDTATAC before setting per diem at a rate different from rates prescribed in JTR. Original decision is affirmed since $10 per diem rate was prescribed in accord- ance with JTR and advance approval was unnecessary since paragraph C8101-3f is itself authority to establish specific per diem rate. 2. Pursuant to paragraph C8101-3f, 2 JTR (currently paragraph C4552-3f, 2 JTR), Navy activity had authority and responsi- bility for issuing directive establishing special rate of per diem for temporary duty to Andros Island, Bahamas, based on deter- mination that commercial establishments which prepare and serve meals were unavail- able. Determination of availability of commercial establishments was matter within discretion of appropriate officials of the Navy activity. Absent clear evidence that Navy officials abused discretion, GAO will not question conclusion that commercial establishments were unavailable. This action is in response to a letter dated July 12, 1982, from Joseph P. Donovan, Jr., Esquire, of the National Association of Government Employees requesting reconsideration of our decision in B-201588, DECISION FILE:

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