The General Services Administration (GSA) has issued new per diem rates for FY 2003, effective October 1, 2002. The FY 20023 changes provide an increase to M&IE allowances in many areas and adds a new M&IE tier of $50. The standard CONUS per diem rates are expected to remain unchanged until September 30, 2003 as GSA awaits recommendations from the Government-wide Per Diem Advisory Board that is reviewing current per diem rate setting process and methodology. Per diem rates can be found at “www.dtic.mil/perdiem”.
Whether an assignment is a permanent change of station (PCS) or temporary duty (TDY) is a factual matter of where the employee expects to spend most their time rather than a “paper trail”. Alfred, a DOD employee, received travel orders from January through March 1995 to go to the Columbus regional office of his agency. He stayed at the office until 1998 where he periodically requested PCS orders be issued but no decision or orders were given. When Alfred requested three years of TDY per diem expenses DOD refused and Alfred appealed. The Board ruled against him stating though DOD should have not delayed the orders so long, Columbus should be considered the PCS even without official orders. The Board referenced a prior GAO decision that ruled less importance should be placed on a “paper trail” and more emphasis should be placed on the “facts establishing where the employee expected to spend the greater part of his or her time performing official duties” (GSBCA 15763-TRAV).
Distinguishing between “commuting” and “local travel” is not always easy. A DOD employee, Arthur, was authorized for one training session in Langley, VA and 5 sessions in Vienna, VA. Author drove in his car to Langley form his home in Severn, MD and for the others he (1) drove his car from his home to the train station in Odenton, MD (2) boarded a train to Union Station in Washington DC and (3) transferred to the Washington Metro and rode to Vienna while reversing these steps on his return home. Arthur submitted a voucher for $93 based on his mileage, parking and other expenses incurred on leaving his home while his agency authorized only $50, explaining he was entitled only to the added expenses of traveling to the training site from his permanent duty station which was close to the sites.
The Appeals Board sided with Arthur. It stated though the Federal Travel Regulations (301-70:102) provide flexibility to agencies to set their own rules concerning transportation expense around their duty station, DOD’s rules have been set forth in C2401 of the JTR and provides that travel from home to another place of business not their duty station allows for (1) local public transportation (2) taxicab fares and related tips and (3) parking fees. Also, when an employee is authorized to drive their own car to an alternative worksite in the local area, DOD must pay mileage for distances exceeding the employee’s normal commuting distance. Hence, in this case, Arthur is entitled to (1) mileage costs exceeding his normal commuting distance for the Langely training and (2) mileage to the Odenton train station, cost of the train and metro ride and parking fees (GSBCA 15802-TRL).
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