B-130446, MAY 27, 1957
Highlights
EDWARD MATTLER: FURTHER REFERENCE IS MADE TO YOUR REQUEST DATED DECEMBER 17. WHICH DISALLOWED YOUR CLAIM FOR PER DIEM ALLOWANCE BELIEVED TO BE DUE YOU WHILE YOU WERE STATIONED AT FORT GEORGE G. YOU WERE DIRECTED TO PROCEED ON OR ABOUT SEPTEMBER 10. IT IS REPORTED THAT YOU DEPARTED FROM FORT EUSTIS ON SEPTEMBER 10. YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY WITH COMPANY A. FROM THE FOREGOING IT IS CLEAR THAT ON SEPTEMBER 10. - YOUR PERMANENT STATION WAS CHANGED FROM FORT EUSTIS. WAS TEMPORARY DUTY PERFORMED AT YOUR PERMANENT STATION. FOR WHICH NO PER DIEM COULD ACCRUE BECAUSE YOU WERE NOT . HENCE YOU WERE NOT IN A TRAVEL STATUS DURING SUCH DUTY. MUST BE AND IS SUSTAINED. IS RETURNED HEREWITH AS REQUESTED.
B-130446, MAY 27, 1957
TO MR. EDWARD MATTLER:
FURTHER REFERENCE IS MADE TO YOUR REQUEST DATED DECEMBER 17, 1956, FOR RECONSIDERATION OF OUR SETTLEMENT OF JULY 8, 1953, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM ALLOWANCE BELIEVED TO BE DUE YOU WHILE YOU WERE STATIONED AT FORT GEORGE G. MEADE, MARYLAND.
IT APPEARS FROM RECORDS ON FILE HERE THAT BY PARAGRAPH 6, SPECIAL ORDERS NO. 250, HEADQUARTERS, THE TRANSPORTATION CENTER AND FORT EUSTIS, VIRGINIA, DATED SEPTEMBER 7, 1951, YOU WERE DIRECTED TO PROCEED ON OR ABOUT SEPTEMBER 10, 1951, ON TEMPORARY DUTY FOR AN INDEFINITE PERIOD TO HEADQUARTERS AND HEADQUARTERS COMPANY, 729TH TRANSPORTATION RAILWAY OPERATION BATTALION, FORT GEORGE G. MEADE,MARYLAND, FROM COMPANY A OF THAT BATTALION AT FORT EUSTIS, VIRGINIA. IT IS REPORTED THAT YOU DEPARTED FROM FORT EUSTIS ON SEPTEMBER 10, 1951, AND ARRIVED AT FORT GEORGE G. MEADE ON THE SAME DATE. BY PARAGRAPH 4, SPECIAL ORDERS NO. 153, HEADQUARTERS, 729TH TRANSPORTATION RAILWAY OPERATING BATTALION, FORT GEORGE G. MEADE, MARYLAND, DATED SEPTEMBER 10, 1951, YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY WITH COMPANY A, THAT BATTALION, FORT EUSTIS, VIRGINIA, AND ASSIGNED TO COMPANY C, THEREOF AT FORT GEORGE G. MEADE, MARYLAND.
FROM THE FOREGOING IT IS CLEAR THAT ON SEPTEMBER 10, 1951--- THE DAY YOU REPORTED AT FORT GEORGE G. MEADE--- YOUR PERMANENT STATION WAS CHANGED FROM FORT EUSTIS, VIRGINIA, TO FORT GEORGE G. MEADE, MARYLAND, BY THE CITED ORDERS OF SEPTEMBER 10, 1951. HENCE, ANY DUTY IN THE NATURE OF TEMPORARY DUTY PERFORMED BY YOU AT FORT GEORGE G. MEADE, MARYLAND, UNDER YOUR ORDERS OF SEPTEMBER 7, 1951, WAS TEMPORARY DUTY PERFORMED AT YOUR PERMANENT STATION, FOR WHICH NO PER DIEM COULD ACCRUE BECAUSE YOU WERE NOT --- AFTER SEPTEMBER 10, 1951--- TRAVELING AWAY FROM YOUR DESIGNATED POST OF DUTY, WITHIN THE MEANING OF SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AND HENCE YOU WERE NOT IN A TRAVEL STATUS DURING SUCH DUTY. SEE AND COMPARE 34 COMP. GEN. 427.
ACCORDINGLY, THE SETTLEMENT OF JULY 8, 1953, MUST BE AND IS SUSTAINED.
YOUR COPY OF SPECIAL ORDERS NO. 153, DATED SEPTEMBER 10, 1951, RECEIVED WITH YOUR LETTER OF MAY 11, 1957, IS RETURNED HEREWITH AS REQUESTED.