B-135067, MAY 9, 1960
Highlights
WHILE YOU WERE SERVING AS LIEUTENANT. AFTER THE DEPARTMENT OF THE ARMY REFUSED TO PAY YOUR CLAIM IT WAS REFERRED TO THIS OFFICE FOR CONSIDERATION AND WAS DISALLOWED BY OUR SETTLEMENT DATED JANUARY 15. UPON REVIEW YOU WERE ADVISED BY DECISION OF MARCH 5. THAT SINCE YOU WERE ON FIELD DUTY- - FOR WHICH PER DIEM IS SPECIFICALLY PROHIBITED BY THE JOINT TRAVEL REGULATIONS. - THERE IS NO LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM. THAT DECISION IT WAS STATED THAT SIGNAL CORPS ORDERS PLACED YOU ON TEMPORARY DUTY WITH THE 1ST ENGINEER ARCTIC TASK FORCE AT FORT BELVOIR. THE 1ST ENGINEER ARCTIC TASK FORCE WAS DIRECTED TO PROCEED FROM FORT BELVOIR TO MCGUIRE AIR FORCE BASE. THENCE TO THULE FOR TEMPORARY DUTY (THE INCREMENT TO WHICH YOU WERE ASSIGNED BEING DIRECTED TO PROCEED ON OR ABOUT MAY 25.
B-135067, MAY 9, 1960
TO MR. DAVID L. WIESEN:
YOUR LETTER OF APRIL 4, 1960, REQUESTS FURTHER CONSIDERATION OF YOUR CLAIM FOR PER DIEM FOR TEMPORARY DUTY PERFORMED AT THULE, GREENLAND, DURING THE PERIOD MAY 30 TO SEPTEMBER 20, 1956, WHILE YOU WERE SERVING AS LIEUTENANT, SIGNAL CORPS.
AFTER THE DEPARTMENT OF THE ARMY REFUSED TO PAY YOUR CLAIM IT WAS REFERRED TO THIS OFFICE FOR CONSIDERATION AND WAS DISALLOWED BY OUR SETTLEMENT DATED JANUARY 15, 1958. UPON REVIEW YOU WERE ADVISED BY DECISION OF MARCH 5, 1958, B-135067, THAT SINCE YOU WERE ON FIELD DUTY- - FOR WHICH PER DIEM IS SPECIFICALLY PROHIBITED BY THE JOINT TRAVEL REGULATIONS--- THERE IS NO LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM. THAT DECISION IT WAS STATED THAT SIGNAL CORPS ORDERS PLACED YOU ON TEMPORARY DUTY WITH THE 1ST ENGINEER ARCTIC TASK FORCE AT FORT BELVOIR, VIRGINIA; THAT BY ORDERS ISSUED BY HEADQUARTERS, THE 1956, THE 1ST ENGINEER ARCTIC TASK FORCE WAS DIRECTED TO PROCEED FROM FORT BELVOIR TO MCGUIRE AIR FORCE BASE, NEW JERSEY, AND THENCE TO THULE FOR TEMPORARY DUTY (THE INCREMENT TO WHICH YOU WERE ASSIGNED BEING DIRECTED TO PROCEED ON OR ABOUT MAY 25, 1956), AND THAT THE LATTER ORDERS CONTAINED THE PROVISION "TRAVEL AND TEMPORARY DUTY PERFORMED IS FIELD DUTY AS CONTEMPLATED BY JOINT TRAVEL REGULATIONS. PER DIEM IS NOT AUTHORIZED.' IN YOUR PRESENT LETTER YOU ACKNOWLEDGE THAT YOU WERE NOT ENTITLED TO PER DIEM UNDER THE LATTER ORDERS; HOWEVER, YOU REQUEST CONSIDERATION OF YOUR RIGHT TO PER DIEM UNDER THE SIGNAL CORPS ORDERS SINCE THOSE ORDERS WERE IN EFFECT DURING THE PERIOD OF YOUR ASSIGNMENT TO FORT BELVOIR INCLUDING THE PORTION OF IT SPENT IN GREENLAND.
THE RECORD INDICATES THAT YOU WERE PAID PER DIEM FOR TEMPORARY DUTY ACTUALLY PERFORMED AT FORT BELVOIR UNDER THE SIGNAL CORPS ORDERS. HOWEVER, DURING THE PERIOD MAY 30 TO SEPTEMBER 20, 1956, YOU WERE NOT AT FORT BELVOIR BUT WERE ON FIELD DUTY IN GREENLAND. FOR THAT REASON, THE SIGNAL CORPS ORDERS ASSIGNING YOU TO FORT BELVOIR MAY NOT BE CONSIDERED AS AFFORDING A BASIS FOR THE PAYMENT OF PER DIEM FOR THE PERIOD CLAIMED.