B-143072, NOV. 3, 1961

B-143072, NOV. 3, 1961

TO BRIGADIER GENERAL PAUL W. SCHEIDECKER, COMMANDER, AIR FORCE ACCOUNTING AND FINANCE CENTER, UNITED STATES AIR FORCE:

BY COMMUNICATION DATED AUGUST 24, 1961, YOUR HEADQUARTERS COMMAND FORWARDED HERE LETTER DATED FEBRUARY 17, 1961, FROM CAPTAIN ALBERT S. DONALD AND IN EFFECT REQUESTED RECONSIDERATION OF THAT PART OF OUR DECISION DATED OCTOBER 18, 1960, B-143072, TO T. J. DUNKLIN, ACCOUNTING AND FINANCE OFFICER, KELLY AIR FORCE BASE, TEXAS, WHICH CONSIDERED THE QUESTION OF CAPTAIN DONALD'S RIGHT TO PER DIEM INCIDENT TO TEMPORARY DUTY PERFORMED AT BROOKS AIR FORCE BASE, TEXAS, DURING THE PERIOD AUGUST 5 TO OCTOBER 9, 1959.

IN THE DECISION OF OCTOBER 18, 1960, WE CONCLUDED THAT UNDER THE APPLICABLE LAWS AND REGULATIONS CAPTAIN DONALD WAS NOT ENTITLED TO PER DIEM FOR THE REASON THAT BROOKS AIR FORCE BASE IS LOCATED WITHIN THE CORPORATE LIMITS OF SAN ANTONIO, TEXAS, AND SO WITHIN THE AREA OF HIS DUTY STATION, KELLY AIR FORCE BASE, WHICH ALSO IS LOCATED IN SAN ANTONIO. THE OFFICER AGREES THAT OUR DECISION IS LEGALLY CORRECT. HOWEVER, HE REFERS TO THE SITUATION OF MEMBERS WHO WERE ALLOWED PER DIEM FOR A PERIOD OF TEMPORARY DUTY THEY PERFORMED AT LACKLAND AIR FORCE BASE WHILE ASSIGNED TO DUTY AT KELLY AIR FORCE BASE AND HE CONTENDS THAT SINCE THOSE MEMBERS WERE WITHIN WALKING DISTANCE OF KELLY AIR FORCE BASE, IT IS INEQUITABLE TO ALLOW THEM PER DIEM AND, ON THE OTHER HAND, DENY PER DIEM TO HIM AND OTHER MEMBERS WHO WERE TEMPORARILY ASSIGNED TO BROOKS AIR FORCE BASE WHICH IS SITUATED TEN MILES FROM KELLY AIR FORCE BASE.

A MEMBER'S ENTITLEMENT TO PAY AND ALLOWANCES IS FOR DETERMINATION UNDER THE LAW AND REGULATIONS AS APPLIED TO THE FACTS AND CIRCUMSTANCES IN HIS INDIVIDUAL CASE. UNDER THE JOINT TRAVEL REGULATIONS (PARAGRAPHS 1150-10A AND 3050) A MEMBER MAY NOT BE ALLOWED PER DIEM FOR TEMPORARY DUTY PERFORMED AT A STATION WHICH IS WITHIN THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH HIS PERMANENT DUTY STATION IS SITUATED. CONSEQUENTLY, SINCE BROOKS AIR FORCE BASE IS LOCATED WITHIN THE CORPORATE LIMITS OF SAN ANTONIO AND SO WITHIN THE AREA OF CAPTAIN DONALD'S DUTY STATION, KELLY AIR FORCE BASE, THE CONCLUSION WAS REQUIRED THAT HE IS NOT ENTITLED TO PER DIEM. CONVERSELY, SINCE LACKLAND AIR FORCE BASE IS LOCATED OUTSIDE THE CORPORATE LIMITS OF SAN ANTONIO AND SO OUTSIDE THE AREA OF KELLY AIR FORCE BASE, AS DEFINED IN THE REGULATIONS, THE LIMITATION APPLIED IN THE CASE OF CAPTAIN DONALD WAS HELD IN THE DECISION OF OCTOBER 18, 1960, TO HAVE NO APPLICATION IN THE CASE OF MEMBERS STATIONED AT KELLY AIR FORCE BASE WHILE PERFORMING TEMPORARY DUTY AT LACKLAND AIR FORCE BASE. SUCH CONCLUSION IS CONSIDERED AS REQUIRED BY THE REGULATIONS REGARDLESS OF THE EQUITABLE CONSIDERATIONS ADVANCED.

CAPTAIN DONALD HAS FURNISHED NO INFORMATION IN HIS LETTER OF FEBRUARY 17, 1961, NOT CONSIDERED BY US IN REACHING THE DECISION OF OCTOBER 18, 1960, AND CONSEQUENTLY THAT LETTER AFFORDS NO BASIS FOR MODIFYING THAT DECISION. ACCORDINGLY, UPON RECONSIDERATION THE DECISION IS SUSTAINED.