Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
                         _____________________
 
                             June 28, 2001
                         _____________________
 
 
                            GSBCA 15428-TRAV
 
 
                  In the Matter of JOHN W. CASTELLANI
 
 
        Dr. John W. Castellani, Natick, MA, Claimant.
 
        Lt.  Col. Joseph  R. Emery,  Chief,  Finance and  Accounting
   Division, Headquarters, United States  Army Medical Command, Fort
   Sam Houston, Texas, appearing for Department of the Army.
 
   NEILL, Board Judge.
 
        Dr. John Castellani,  a research physiologist in  the employ
   of the United States Army Medical  Command, asks that we review a
   determination  of   his  agency  that  he  is   not  entitled  to
   reimbursement of a lodging  expense in excess of that  authorized
   under  the applicable  per diem  rate.   We  affirm the  agency's
   determination. 
 
                               Background
 
        In  May  2000,  Dr.  Castellani  traveled  to  Indianapolis,
   Indiana, to  attend a  scientific conference.   He and  an office
   colleague, who also planned to attend the conference, arranged to
   share a hotel room at the conference hotel in order to reduce the
   Government's costs of having them  attend the conference.  It was
   their plan to split between them the daily charge of $149.  A day
   before his  colleague was scheduled  to arrive at  the conference
   center,  Dr. Castellani  learned  that  the  colleague  would  be
   delayed by one day.  We are told that the cause of  the delay was
   "unexpected personal reasons that needed immediate attention."
 
        Believing that  lodging within the per diem  rate is usually
   impossible to find  at the last minute, Dr.  Castellani deemed it
   more prudent not  to seek  alternate lodging for  one night.   He
   also considered that  staying at  the hotel  near the  conference
   site would  be more in  keeping with the Government's  purpose in
   sending  him to  the  conference  since it  would  permit him  to
   interact with his fellow scientists.  He, therefore, retained the
   room reserved for  him and his colleague and paid the full charge
   of $149 for the first day.  
 
        The agency refuses to pay  Dr. Castellani his actual lodging
   cost of $149  for the first day  of the conference.   Instead, it
   has limited reimbursement  to $65, the maximum  allowable lodging
   cost in effect in the Indianapolis area.  
 
                               Discussion
 
        Dr.  Castellani, as  a  civilian  employee  of  the  Federal
   Government,  is subject to  the Federal Travel  Regulation (FTR).
   As a civilian employee of the Department of Defense  (DoD), he is
   also subject to DoD's Joint Travel Regulations (JTR), which serve
   as a  departmental supplement to  the FTR.   The FTR and  the JTR
   have similar  provisions regarding  per diem  allowances paid  to
   civilian  employees for  lodging and  meal  costs incurred  while
   traveling on official business.  
 
        The most common form  of per diem is that  which is referred
   to as "lodgings-plus per diem."   Under this method, the employee
   receives a fixed  allowance for meals and  miscellaneous expenses
   and is reimbursed for the actual lodging  cost, not to exceed the
   maximum  rate established under regulation for the temporary duty
   (TDY) location.   41  CFR 301-11.100 (2000) (FTR 301-11.100); JTR
   C4553.  In Dr.  Castellani's case, this was the form  of per diem
   authorized.   Since  the maximum  lodging rate  approved for  the
   Indianapolis area  is $65,  the agency  denied reimbursement  for
   actual lodging expenses in excess of this amount.
 
        There are, of course, provisions in both the FTR and the JTR
   which  permit  employees  to  receive  reimbursement  for  actual
   expenses  in excess  of the  per diem  rates normally  applied to
   lodgings-plus per diem.   Under the JTR, this form of per diem is
   referred    to    as    the        actual    expense    allowance
   (AEA).[foot #] 1      AEA   is    authorized   when,   owing   to
   extraordinary circumstances, the actual and necessary expenses of
   the employee exceed the normally allowable maximums for per  diem
   allowance.   JTR  C4600.    Even under  this  form  of per  diem,
   however, there are limits, albeit higher, on the reimbursement of
   actual expenses.   Id. C4602.  The  authorization of AEA per diem
   is not  made lightly.   Requests are  generally submitted  before
   travel is performed,  although approval can sometimes  be granted
   after completion of travel.  All requests must be well documented
   as to the pertinent facts and the reasons why the normal per diem
   allowances are not deemed to be sufficient to meet the traveler's
   necessary expenses.  Id. C4603.   
 
 
                                                                    
                   ----------- FOOTNOTE BEGINS ---------
 
        [foot #] 1 Similar provisions regarding the actual expense
   method for per diem appear in subpart D of part 301-11 of the
   FTR.  See Harry Nadal, GSBCA 15416-TRAV (June 5, 2001). 
         ___ ___________
   Nevertheless, because the claimant is a DoD employee and subject
   to the JTR, we will restrict our discussion here to provisions
   found in that set of regulations. 
 
                   ----------- FOOTNOTE ENDS -----------
 
 
 
        The agency  obviously is not  prepared to authorize  AEA per
   diem for Dr. Castellani  in this case.  Its position  is that Dr.
   Castellani  had a  duty to  seek less  expensive lodging  once he
   learned  that his colleague  would be arriving  a day  late.  The
   agency report  points to the  absence of any evidence  that other
   lodging was not available within the per diem rate.  The claimant
   has  simply stated  that finding  lodging at  the last  minute is
   "usually impossible."   AEA  is  justified only  when actual  and
   necessary  expenses  are  found  to  be in  excess  of  per  diem
   maximums.  In the absence  of any data regarding the availability
   of alternative lodging, it is impossible to determine whether the
   cost incurred  in excess of  the normally allowable  maximum rate
   for lodging was, in fact, necessary.  
 
        The  JTR expressly  state  that  reimbursement  for  lodging
   expenses may not exceed actual lodging costs up to the applicable
   maximum amount.   JTR  C4553-C.1.   Although  these maximums  are
   considerably higher for  AEA per diem, that form of per diem must
   first  be authorized  by  the  agency before  a  claimant may  be
   reimbursed actual costs in excess of the usual per diem maximums.
   We  agree with the agency that  in this case authorization of AEA
   would  be  inappropriate.     Accordingly,  by  regulation,   Dr.
   Castellani is precluded from being reimbursed any actual cost for
   lodging beyond the  normally allowable maximum rate  in effect at
   his TDY location.  
 
        It is  well established that, absent a specific provision in
   statute  or  regulation  which  might  permit  it  under  certain
   circumstances, neither an agency nor this Board has the authority
   to waive the applicability of travel statutes or  regulations for
   any individual  federal employee who  is subject to them.   E.g.,
   Fred A. Borakove,  GSBCA 15379-RELO (Apr. 19, 2001); Mark Hummel,
   GSBCA 15205-RELO, 00-1 BCA   30,901; Tanya Cantrell, GSBCA 15191-
   RELO, 00-1 BCA   30,894;  Michael J. Kunk, GSBCA 14721-RELO, 99-1
   BCA   30,164 (1998); Defense Intelligence  Agency Employee, GSBCA
   14745-RELO,  99-1 BCA    30,117  (1998).   The claimant  here has
   indicated  no  authority, nor  are  we  aware  of any,  which  in
   circumstances such as those  described in his case  would justify
   waiving   the  regulations   which   preclude  the   agency  from
   reimbursing him as requested.  The agency's determination denying
   these claims is, therefore, affirmed.  The claim is denied. 
 
                                           ______________________
                                           EDWIN B. NEILL
                                           Board Judge