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B-124858 L/M, FEB 24, 1956

B-124858 L/M Feb 24, 1956
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COMPTROLLER GENERAL OF THE UNITED STATES: REFERENCE IS MADE TO YOUR LETTER. INTERIM REPLY WAS FURNISHED YOUR OFFICE ON DECEMBER 14. IT IS AIR FORCE POLICY. REQUIREMENT FOR TRAVEL WITHOUT ADEQUATE REIMBURSEMENT DOES HAVE A DETRIMENTAL EFFECT UPON RETENTION OF THE SKILLED PERSONNEL ESSENTIAL TO THE MAINTENANCE OF OUR COMBAT CAPABILITY. DETAILED ANALYSIS INDICATES THAT ADDITIONAL EXPENSES ARE NECESSARILY INCURRED BY MEMBERS ON TEMPORARY DUTY DURING MOST AIR EXERCISES. IT HAS LONG BEEN THE VIEW OF THE AIR FORCE THAT THE TERM "MANEUVER" WAS USED IN THE JOINT TRAVEL REGULATIONS TO ILLUSTRATE A SITUATION THAT MIGHT REQUIRE "FIELD DUTY". THE TERM FIELD DUTY IS CONSIDERED TO EMBRACE THOSE CIRCUMSTANCES WHERE PERSONNEL PERFORM DUTY AWAY FROM NORMAL INSTALLATION FACILITIES.

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B-124858 L/M, FEB 24, 1956

PRECIS-UNAVAILABLE

JOSEPH CAMPBELL, COMPTROLLER GENERAL OF THE UNITED STATES:

REFERENCE IS MADE TO YOUR LETTER, B-124858, DATED NOVEMBER 21, 1955, QUESTIONING PER DIEM PAYMENTS TO CERTAIN PERSONNEL OF THE AIR FORCE. INTERIM REPLY WAS FURNISHED YOUR OFFICE ON DECEMBER 14, 1955.

YOU REQUESTED AN EXPRESSION OF VIEWS AS TO WHY CERTAIN AIR OPERATIONS SHOULD NOT BE REGARDED AS MANEUVERS OR SIMILAR ACTIVITIES WITHIN THE MEANING OF THE JOINT TRAVEL REGULATIONS. YOU EXPRESSED THE VIEW THAT PAYMENT OF PER DIEM SOMETIMES MAY BE UTILIZED TO ENHANCE INCOME AND ENCOURAGE PERSONNEL TO REMAIN IN THE AIR FORCE, RATHER THAN TO PROVIDE PROPER AND JUST REIMBURSEMENT FOR EXPENSES INCURRED.

IT HAS NEVER BEEN THE INTENT OF THE AIR FORCE TO UTILIZE PER DIEM FOR ANY PURPOSE OTHER THAN TO PROVIDE REASONABLE AND JUST REIMBURSEMENT TO INDIVIDUALS FOR ADDITIONAL EXPENSES NECESSARILY INCURRED AS A RESULT OF OFFICIAL TRAVEL. IT IS AIR FORCE POLICY, HOWEVER, TO AUTHORIZE PER DIEM AND REIMBURSEMENT FOR TRAVEL COSTS, IN ACCORDANCE WITH REGULATIONS, IF THE INDIVIDUAL MAY BE EXPECTED TO INCUR ADDITIONAL NECESSARY COSTS WHILE ON TEMPORARY DUTY AWAY FROM HIS PERMANENT STATION. THIS APPROACH TO PAYMENT OF PER DIEM HAS BEEN BASED UPON A DESIRE TO PROVIDE FAIR TREATMENT AND REASONABLE REIMBURSEMENT TO AIR FORCE PERSONNEL, WITHIN THE INTENT OF THE JOINT TRAVEL REGULATIONS. THERE HAS BEEN NO INTENT OR EFFORT TO UTILIZE PER DIEM AS A MEANS OF INDUCING QUALIFIED PERSONNEL TO REMAIN IN THE SERVICE. CONVERSELY, THE AIR FORCE DOES NOT DESIRE TO DECREASE ATTRACTIVENESS OF MILITARY SERVICE BY REQUIRING THAT MEMBERS DEFRAY FROM PERSONAL FUNDS NECESSARY ADDITIONAL EXPENSES INCIDENT TO OFFICIAL TRAVEL. REQUIREMENT FOR TRAVEL WITHOUT ADEQUATE REIMBURSEMENT DOES HAVE A DETRIMENTAL EFFECT UPON RETENTION OF THE SKILLED PERSONNEL ESSENTIAL TO THE MAINTENANCE OF OUR COMBAT CAPABILITY. DETAILED ANALYSIS INDICATES THAT ADDITIONAL EXPENSES ARE NECESSARILY INCURRED BY MEMBERS ON TEMPORARY DUTY DURING MOST AIR EXERCISES.

IT HAS LONG BEEN THE VIEW OF THE AIR FORCE THAT THE TERM "MANEUVER" WAS USED IN THE JOINT TRAVEL REGULATIONS TO ILLUSTRATE A SITUATION THAT MIGHT REQUIRE "FIELD DUTY". THE AIR FORCE HAS NOT CONTENDED AND DOES NOT NOW CONTEND THAT PER DIEM SHOULD BE PAID TO PERSONNEL ENGAGED IN FIELD DUTY. THE TERM FIELD DUTY IS CONSIDERED TO EMBRACE THOSE CIRCUMSTANCES WHERE PERSONNEL PERFORM DUTY AWAY FROM NORMAL INSTALLATION FACILITIES, WHERE TEMPORARY SHELTER (NORMALLY TENTAGE) IS FURNISHED WITHOUT CHARGE AND PERSONNEL ARE PROVIDED FOOD BY A FIELD MESS, WITHOUT PAYMENT OF SURCHARGE. WE FIND SUPPORT IN YOUR DECISION, B-123853, DATED JUNE 10, 1955, IN OUR VIEW THAT FIELD DUTY OR DUTY UNDER SIMILAR CONDITIONS SHOULD BE THE GOVERNING FACTOR IN DETERMINING ENTITLEMENT TO PER DIEM. IN THIS DECISION YOU STATED "***, THE REGULATIONS APPEAR TO CONTEMPLATE PAYMENT OF PER DIEM FOR TEMPORARY DUTY TRAVEL, *** UNLESS SUCH DUTY IS REGARDED AS FIELD DUTY OR OTHER SIMILAR ACTIVITY. ***, IT DOES NOT APPEAR TO BE THE TYPE OF TEMPORARY DUTY MENTIONED IN PARAGRAPH 2 B (2) OF THE SPECIAL REGULATIONS, AND PARAGRAPH 2 B (1) APPEARS TO CONTEMPLATE ACTIVITIES WHICH ARE CONDUCTED AWAY FROM ESTABLISHED MILITARY STATIONS. THE AIR BASE AT THULE IS A PERMANENT MILITARY INSTALLATION AND, *** THE TEMPORARY DUTY INVOLVED WAS PERFORMED UNDER THE SAME CIRCUMSTANCES AS ORDINARY TEMPORARY DUTY AT A MILITARY STATION. PAYMENT ON THE VOUCHER IS AUTHORIZED ACCORDINGLY, IF OTHERWISE CORRECT." WHILE IT IS RECOGNIZED THAT THE REGULATIONS TO WHICH YOU REFERRED IN THIS DECISION ARE ARMY REGULATIONS, THESE REGULATIONS WERE PUBLISHED UNDER AUTHORITY, AND IN AMPLIFICATION, OF THE JOINT TRAVEL REGULATIONS.

BASED UPON THE CRITERIA OUTLINED ABOVE, THE AIR FORCE HAS BEEN ENGAGED SINCE EARLY 1953 IN AN EFFORT TO AMEND THE JOINT TRAVEL REGULATIONS TO REFLECT OUR REQUIREMENTS. WE HAVE FELT THAT WHILE THE TERM "MANEUVER" MAY ADEQUATELY EXPRESS THE IDEA OF "FIELD DUTY" FOR GROUND TROOPS, THIS MEANING IS OBSOLETE IN REGARD TO MOST AIR OPERATIONS. AIR OPERATIONS ARE NORMALLY CONDUCTED FROM FIXED INSTALLATIONS AND PERSONNEL ENGAGED IN THESE OPERATIONS INCUR THE SAME TYPES OF EXPENSES AS PERSONNEL PERFORMING OTHER TYPES OF TEMPORARY DUTY AT SUCH INSTALLATIONS. THE AMOUNT OF PER DIEM PAID IS REDUCED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE JOINT TRAVEL REGULATIONS WHEN GOVERNMENT FACILITIES ARE AVAILABLE. THESE REDUCED RATES ARE CALCULATED TO COVER ONLY INCIDENTAL ADDITIONAL EXPENSES NECESSARILY INCURRED AS THE RESULT OF TRAVEL AND LIVING AWAY FROM THE HOME BASE.

THE JOINT TRAVEL REGULATIONS WERE AMENDED EFFECTIVE 1 DECEMBER 1955 TO PROVIDE THAT THE SECRETARY OF THE UNIFORMED SERVICE CONCERNED MIGHT AUTHORIZE PER DIEM PAYMENTS TO PERSONNEL ENGAGED IN MANEUVERS, FIELD EXERCISES AND SIMILAR ACTIVITIES. REGULATIONS WILL SOON BE ISSUED AFFIRMING THE ENTITLEMENT OF MEMBERS TO PER DIEM FOR MANEUVERS, FIELD EXERCISES AND SIMILAR ACTIVITIES, WHEN TEMPORARY DUTY IS PERFORMED AT INSTALLATIONS OF THE UNIFORMED SERVICES, WHERE MEMBERS ARE NOT PROVIDED SHELTER WITHOUT CHARGE AND MEALS WITHOUT PAYMENT OF SURCHARGE. THIS ACTION WILL CONFIRM PROPRIETY OF PRESENT POLICIES OF THE AIR FORCE REGARDING PER DIEM PAYMENTS TO MEMBERS PERFORMING TEMPORARY DUTY TRAVEL.

THE DEFINITION OF THE TERM "MANEUVER" AS QUOTED FROM AIR FORCE PAMPHLET 5 -1-1 MIGHT APPEAR TO INCLUDE MOVEMENTS OF THE TYPE SPECIFICALLY DESCRIBED IN YOUR LETTER. THIS DEFINITION WAS NOT INTENDED TO HAVE APPLICATION TO DETERMINATION OF ENTITLEMENT TO TRAVEL ALLOWANCES. PER DIEM PAYMENTS IN CONNECTION WITH SOME AIR EXERCISES WOULD BE UNJUSTIFIED. THIS WOULD BE THE CASE IF TEMPORARY LANDING STRIPS WERE EMPLOYED AS THE BASE OF OPERATIONS FOR TACTICAL AIRCRAFT. HOUSING FOR PARTICIPATING PERSONNEL WOULD NORMALLY BE TENTAGE. FIELD KITCHENS MIGHT BE ESTABLISHED. UNDER THESE CONDITIONS PERSONNEL SHOULD INCUR LITTLE OR NO EXTRA EXPENSE FOR FOOD AND LODGING. PER DIEM SHOULD BE PAYABLE, HOWEVER, IF MANEUVERS OR EXERCISES ARE CONDUCTED FROM ESTABLISHED AIR FORCE BASES WHERE HOUSING IS PROVIDED IN PERMANENT OR SEMI-PERMANENT TYPE QUARTERS AND PERSONNEL ARE FED IN PERMANENT TYPE MESSES. WHETHER ENGAGED IN MANEUVERS OR ON NORMAL TEMPORARY DUTY, PERSONNEL ARE REQUIRED TO INCUR ADDITIONAL COSTS FOR FOOD, LODGING, AND MISCELLANEOUS EXPENSES IF THEY PERFORM THEIR DUTIES ON OR FROM A PERMANENT OR SEMI-PERMANENT TYPE INSTALLATION.

IN SUMMARY, THE AIR FORCE CONTENDS THAT THE CRITERIA FOR PAYMENT OF PER DIEM SHOULD BE WHETHER THE INDIVIDUAL IS REQUIRED TO INCUR EXTRA EXPENSES DUE TO HIS TRAVEL STATUS. A PROHIBITION OF PAYMENT BASED ON A TECHNICAL INTERPRETATION WITHOUT REGARD TO THE TRUE STATUS OF THE INDIVIDUAL APPEARS TO BE UNFAIR. THE AIR FORCE INTERPRETATION WAS THAT THE PAYMENT OF PER DIEM SHOULD BE PROHIBITED ONLY IN MANEUVERS IN WHICH REAL "FIELD DUTY" CONDITIONS EXISTED, AS DISCUSSED ABOVE, DURING INFREQUENT PERIODS SPENT IN TRAINING AWAY FROM ESTABLISHED BASES AND FACILITIES. THE NATURE OF MODERN AIR OPERATION REQUIRES CERTAIN MEMBERS OF THE AIR FORCE TO SPEND AN EXTREMELY LARGE PART OF THEIR DUTY TIME PARTICIPATING IN EXERCISES INVOLVING TRAVEL AWAY FROM THEIR PERMANENT STATION. WE FIRMLY BELIEVE THAT REIMBURSEMENT FOR NECESSARY EXPENSES INCURRED AS A RESULT OF SUCH TRAVEL IS JUST AND PROPER.

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