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B-183755 1 (1976-07-23)

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                    o ~      THE COMPTROLLER GENERAL
DECISION                    OF THE      UNITED      STATES

                    UN ITED


FILE:     1-183755                  DATE:           JUL 2 3 7976

MATTER OF:       Colonel                   USA


DIGEST:      A member who, while on temporary duty,
             voluntarily moves into Government VIP
             bachelor officer quarters for which
             the service charge is $4 per night,
             may have the authorized per diem
             increased by only $2 per night since
             in accordance with para. 4205-3a(2)(a),
             Joint Travel egulations, the amount of
             the increased per diem incident to such
             service charge may not exceed $2. This
             limitation is applicable even though
             moving into the Government quarters may
             result in a savings of per diem to the
             Government over that which would have
             been payable had the member occupied
             commercial quarters.

      This action is in response to a letter dated(February 18, 1975,
 from Colonel                , USA,            , requesting recon-
 sideration of our Transportatlon and Claims Division (now Claims
 Division) settlement of February 7, 1975, disallowing his claim
 for additional Bachelor Officer Quarters (0Q) fees for the period
 September 5 through October 7, 1974.

     The record shows that by orders dated August 19, 1974,
 Colonel         was ordered to proceed on temporary duty on or
 about September 3, 1974, from Fort Benaing, Georgia, to Fort
 Benjamin Harrison, Indiana, for a period of approximately
 40 days, for the purpose of serving as a member of a Department
 of the Army Selection Board. The orders stated that Government
 mas and quarters were not available.

     The record further indicates that the member occupied
 commercial quarters on September 3 and 4, 1974. On September 5,
 the member voluntarily moved into the VIP BOQ at Fort Benjamin
 Harrison. He was charged, and paid, a total of $132, at the
 rate of $4 per night for the 33-day period, September 5 through
 October 7, 1974, during which he occupied the BOQ.


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