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B-210755 1 (1983-05-16)

handle is hein.gao/gaobadlbm0001 and id is 1 raw text is: DECISION FILE: B-210755 THU COMPTROLLER OENERAL OP THE UNITED STATEB WASHINGTON, 0.C. 20548 DATE: May 16, 1983 MATTER OF: Rodney J. Gardner DIGEST: Employee on extended temporary assignment lodged in a camp which he owned and claimed to hold as rental property. For the entire period of his temporary assignment, he claims per diem for lodging in an amount which he says is the minimum for which he would have rented his camp to sportsmen on daily basis. Payment of his claim may not be authorized in the absence of clear and convincing evidence that the lodging would have been rented during the entire period covered by his claim, and then only for expenses occasioned by his temporary assignment. This action responds to a request for an advance decision as to whether payment may be made on the claim of Mr. Rodney Gardner, a civilian employee of the Army Corps of Engineers, for payment of per diem for lodging on account of his having resided in his private camp during a temporary duty assignment. We find that the claim may not be paid on the basis of the present record. Mr. Gardner's permanent duty station is at Waltham, Massachusetts, and his permanent residence is located in Topsham, Maine. He was assigned to temporary duty in Allagash, Maine, from April 26 to November 23, 1977. His travel order authorized per diem in accordance with the Joint Travel Regulations. Mr. Gardner states that during this temporary assignment he resided at a camp he owns in Allagash, and that during the period of his temporary assignment, his camp would otherwise have been rented to sportsmen for fishing and hunting at a rate of not less than $16 per day. He explains that since the motel and restaurant nearest to the job site were 30 miles away at Fort Kent, Maine, it would cost the Gov- ernment less to pay him to reside in his own camp at a rate of $16 per day than for him to commute 60 miles I

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