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B-126117, MAY 17, 1956

B-126117 May 17, 1956
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BROWN: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 11. YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED OCTOBER 24. NO PER DIEM COULD BE PAID IF THE ORDER CONTAINED A STATEMENT TO THE EFFECT THAT NO PER DIEM IS AUTHORIZED. THE SETTLEMENT WAS SUBSEQUENTLY REVIEWED AND BY OUR DECISION OF FEBRUARY 20. YOU WERE ADVISED THAT UNDER YOUR ORDERS. WHICH CONTAINED THE SPECIFIC PROVISION THAT NO PER DIEM WAS AUTHORIZED. THERE IS NO LEGAL BASIS FOR THE PAYMENT OF PER DIEM. REITERATES YOUR EARLIER CONTENTIONS THAT THE RESTRICTION IN YOUR ORDERS WAS IN ERROR AND THAT INSERTION OF SUCH A PROVISION WAS NOT COMPULSORY UNDER THE ARMY REGULATIONS. THOSE CONTENTIONS WERE CAREFULLY CONSIDERED AT THE TIME OUR DECISION OF FEBRUARY 20.

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B-126117, MAY 17, 1956

TO MR. FRANK I. BROWN:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 11, 1956, RELATIVE TO YOUR CLAIM FOR PER DIEM FOR THE PERIOD APRIL 10 TO APRIL 14, 1947, WHILE ON TEMPORARY DUTY IN CONNECTION WITH SIXTH ARMY BRANCH TRANSPORTATION OFFICE ACTIVITIES. YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED OCTOBER 24, 1955, FOR THE REASON THAT UNDER ARMY REGULATIONS 35-4820, DATED FEBRUARY 5, 1947, NO PER DIEM COULD BE PAID IF THE ORDER CONTAINED A STATEMENT TO THE EFFECT THAT NO PER DIEM IS AUTHORIZED. THE SETTLEMENT WAS SUBSEQUENTLY REVIEWED AND BY OUR DECISION OF FEBRUARY 20, 1956, B-126117, YOU WERE ADVISED THAT UNDER YOUR ORDERS, WHICH CONTAINED THE SPECIFIC PROVISION THAT NO PER DIEM WAS AUTHORIZED, THERE IS NO LEGAL BASIS FOR THE PAYMENT OF PER DIEM.

YOUR LETTER OF APRIL 11, 1956, CONTAINS NO NEW INFORMATION OR MATERIAL EVIDENCE NOT HERETOFORE PRESENTED, BUT REITERATES YOUR EARLIER CONTENTIONS THAT THE RESTRICTION IN YOUR ORDERS WAS IN ERROR AND THAT INSERTION OF SUCH A PROVISION WAS NOT COMPULSORY UNDER THE ARMY REGULATIONS. THOSE CONTENTIONS WERE CAREFULLY CONSIDERED AT THE TIME OUR DECISION OF FEBRUARY 20, 1956, WAS PREPARED AND, HENCE, YOUR LETTER FORMS NO BASIS FOR A CHANGE IN THE CONCLUSION STATED IN THAT DECISION.

ACCORDINGLY, THE CONCLUSION REACHED IN THE DECISION OF FEBRUARY 20, 1956, IS ADHERED TO. ..END :

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