B-134036, NOV. 19, 1957

B-134036, NOV. 19, 1957

TO LIEUTENANT COLONEL PAUL D. PARKER, 0953/7333, USMC:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 26, 1957, REQUESTING RECONSIDERATION OF SETTLEMENT DATED SEPTEMBER 5, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM ALLOWANCE FOR THE PERIOD FROM MARCH 14, 1957, THROUGH APRIL 1, 1957, INCIDENT TO TEMPORARY ADDITIONAL DUTY PERFORMED PURSUANT TO ORDERS DATED MARCH 13, 1957.

YOUR ORDERS OF MARCH 13, 1957, ARE ENTITLED "GROUP TRAVEL ORDERS" AND PARAGRAPH 5 THEREOF INDICATES THAT PERIODS OF "FIELD DUTY WITHIN THE MEANING OF PARAGRAPH 4250.3 JOINT TRAVEL REGULATIONS" WERE INVOLVED. APPEARS FROM 3RD ENDORSEMENT OF APRIL 1, 1957, ON THOSE ORDERS THAT YOU REPORTED FOR THE TEMPORARY ADDITIONAL DUTY DIRECTED AT NAVAL AIR STATION, CUBI POINT, PHILIPPINE ISLANDS, AT 2010 HOURS ON MARCH 14, 1957; THAT GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE AND FURNISHED YOU DURING YOUR TEMPORARY ADDITIONAL DUTY; AND THAT (PARAGRAPH 3) "FIELD DUTY WAS PERFORMED DURING THE PERIOD 20 MAR 57 TO 1 APR 1957, INCLUSIVE. THIS DUTY WAS WITHIN THE MEANING OF PARAGRAPH 4250.3, JOINT TRAVEL REGULATIONS.'

IN 1ST ENDORSEMENT DATED JUNE 27, 1957, FROM THE COMMANDING GENERAL, 1ST MARINE AIRCRAFT WING, AIRCRAFT FMF, TO THE COMMANDANT OF THE MARINE CORPS, IT IS EXPLAINED THAT---

"5. THE THIRD ENDORSEMENT TO ENCLOSURE (1) (YOUR ORDERS OF MARCH 13, 1957) IS NOT ENTIRELY CORRECT. THE 1ST MARINE AIRCRAFT WING WAS DESIGNATED AS A TASK GROUP FOR PACTRAEX 57L AND THE TASK GROUP COMMANDER BY HIS ADMIN PLAN DETERMINED THAT THE ENTIRE MANEUVER PERIOD CONSTITUTED FIELD DUTY. THE FOLLOWING PERTINENT PARAGRAPH OF THE CG FMAW ADMIN PLAN IS QUOTED FOR NFORMATION: "GROUP TRAVEL ORDERS WILL BE DIRECTED IN ALL CASES WHEN THREE OR MORE MEMBERS ARE INVOLVED, IN ACCORDANCE WITH PART C, CHAPTER 4 JOINT TRAVEL REGULATIONS. ALL PERIODS ABOARD A GOVERNMENT VESSEL WILL BE CONSIDERED TRAINING DUTY IN ACCORDANCE WITH PARAGRAPH 4250.8 JOINT TRAVEL REGULATIONS. ALL PERIODS FROM THE DATE OF ARRIVAL AT THE TRAINING AREA TO THE DATE OF DEPARTURE THEREFROM WILL BE CONSIDERED AS FIELD DUTY, IN ACCORDANCE WITH PARAGRAPH 4250.3 JOINT TRAVEL REGULATIONS. IT HAS BEEN DETERMINED THAT GOVERNMENT MESS AND GOVERNMENT QUARTERS WILL BE AVAILABLE AT ALL TRAINING AREAS. GOVERNMENT MESS AND QUARTERS ARE DEFINED IN PARAGRAPH 1150.4 AND 1150.5 JOINT TRAVEL REGULATIONS. ALL OFFICERS SHOULD BE CAUTIONED THAT IF THEY DO NOT DESIRE TO UTILIZE SUCH FACILITIES, INCLUDING THE GENERAL MESS, THEY DO SO AT THEIR OWN EXPENSE SUBJECT TO NO REIMBURSEMENT. AN OFFICER WHO IS FURNISHED GOVERNMENT MESSING, INCLUDING FIELD RATIONS, AT NO EXPENSE TO THE INDIVIDUAL IS SUBJECT TO CHECK AGE OF PAY EVEN THOUGH HE ELECTS NOT TO SUBSIST IN SUCH MESS.'"

PARAGRAPH 7 OF THE SAME ENDORSEMENT CONTAINS THE FOLLOWING:

"7. THE ENTIRE TASK GROUP DEPARTED TO AND FROM THE PHILIPPINES ON VARIOUS DATES VIA BOTH GOVERNMENT AIR AND GOVERNMENT VESSEL. THIS TASK GROUP WAS BILLETED AND MESSED AT VARIOUS POINTS IN THE PHILIPPINES. LIEUTENANT COLONEL PARKER WAS A MEMBER OF THIS TASK GROUP AND WAS NOT IN THE PLANNING PHASE OR CRITIQUE OF THE OPERATION. BOX LUNCHES WERE AVAILABLE TO LIEUTENANT COLONEL PARKER ON 14 MARCH 1957. WHILE LIEUTENANT COLONEL PARKER MAY NOT HAVE TRAVELLED WITH THE SAME PERSONNEL IN HIS ORDERS ON HIS RETURN TRIP, HE DID TRAVEL WITH OTHER MEMBERS OF HIS UNIT WHO WERE MEMBERS OF THE TASK GROUP BEING AIRLIFTED VARIOUS DATES FROM THE PHILIPPINES.'

IT APPEARS THAT THE TERM "FIELD DUTY," AS USED IN THE ORDERS, IS NOT USED IN ITS TECHNICAL SENSE, BUT IS USED IN A GENERAL SENSE TO INDICATE THE TYPE OF DUTY WHICH INCLUDES "MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES * * * AND SIMILAR ACTIVITIES" WITHIN THE MEANING OF PARAGRAPH 4250-3 OF JOINT TRAVEL REGULATIONS. UNDER THAT SUBPARAGRAPH A MEMBER IS NOT ENTITLED TO PER DIEM FOR THAT TYPE OF TEMPORARY ADDITIONAL DUTY WHERE BOTH RATIONS IN KIND AND QUARTERS ARE AVAILABLE OR FURNISHED, WHETHER OR NOT UTILIZED.

IN LIEU OF A PER DIEM ALLOWANCE, A MEMBER TRAVELING UNDER GROUP TRAVEL ORDERS, ISSUED UNDER PARAGRAPH 4101-2 OF THE JOINT TRAVEL REGULATIONS, WILL BE SUBSISTED EN ROUTE BY MEALS PURCHASED OR FURNISHED BY THE GOVERNMENT. IN VIEW OF THE FACT THAT YOUR TRAVEL WAS GROUP TRAVEL BOTH TO AND FROM THE MANEUVER AREA AND AS THE TEMPORARY DUTY WAS "FIELD DUTY" AS THAT TERM IS EMPLOYED IN CONNECTION WITH PARAGRAPH 4250-3, JOINT TRAVEL REGULATIONS, AND SINCE IT HAS BEEN REPORTED THAT GOVERNMENT MESSING FACILITIES (RATIONS) AND QUARTERS WERE AVAILABLE AND FURNISHED AND THAT BOX LUNCHES WERE AVAILABLE TO YOU ON MARCH 14, 1957, THERE IS NO BASIS FOR PAYMENT OF THE PER DIEM CLAIMED BY YOU UNLESS--- WITHIN THE FURTHER PROVISIONS OF SAID PARAGRAPH 4250-3, JOINT TRAVEL REGULATIONS, THE TEMPORARY DUTY PERFORMED BY YOU WAS ON AN INSTALLATION OF THE UNIFORMED SERVICES AND PER DIEM WAS AUTHORIZED IN ACCORDANCE WITH REGULATIONS ISSUED BY THE SECRETARY OF THE NAVY. AT THE TIME OF YOUR PERFORMANCE OF THE DUTY HERE INVOLVED SUCH REGULATIONS HAD NOT BEEN ISSUED. COMPARE 36 COMP. GEN. 606.

ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 26, 1957, IN ADDITION TO YOUR REQUEST FOR REVIEW OF THE SETTLEMENT OF SEPTEMBER 5, 1957, YOU POSE A SERIES OF 11 NUMBERED QUESTIONS. THE DISPOSITION OF THIS MATTER AS SET OUT ABOVE CONTAINS ANSWERS TO YOUR QUESTIONS TO THE EXTENT THAT THEY ARE PERTINENT TO YOUR CLAIM. YOU MAY BE ASSURED THAT ALL POINTS RAISED BY YOU HAVE BEEN FULLY CONSIDERED.