B-101184, MAY 3, 1951

B-101184: May 3, 1951

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THERE WAS TRANSMITTED WITH THE FILE FOR APPROPRIATE DISPOSITION CHECK NO. 97. TO SUCH AMOUNT AS WAS LEGALLY DUE THE DECEDENT FOR ARMORY DRILL PAY AT THE DATE OF HIS DEATH (SEE THE ACT OF JUNE 30. PAYMENT TO HER IN THAT AMOUNT IS AUTHORIZED. YOU ARE ADVISED THAT ON JULY 11. A NOTICE OF EXCEPTION (STANDARD FORM NO. 1100) WAS TAKEN ON VOUCHER NO. 13751 IN THE AMOUNT OF $52 (PER DIEM ALLOWANCE AT THE RATE OF $4 FOR 13 DAYS WHILE PURSUING COURSE OF INSTRUCTION). THAT THE SAID VOUCHER WAS COMPUTED ON THE BASIS THAT PER DIEM WAS PAYABLE FOR 23 DAYS AS FOLLOWS: ONE DAY AT THE RATE OF $7 PER DAY. WITH THE EXCEPTION OF ONE DAY WHEN GOVERNMENT QUARTERS WERE NOT AVAILABLE. THE DECEDENT WOULD HAVE BEEN ENTITLED ONLY TO PER DIEM AT THE RATE OF $7 FOR ONE DAY.

B-101184, MAY 3, 1951

PRECIS-UNAVAILABLE

MAJOR E. A. BEHRENS, USAF, DISBURSING OFFICER:

BY LETTER DATED FEBRUARY 1, 1951, THE DIRECTOR OF FINANCE, DEPARTMENT OF THE AIR FORCE, REFERRED TO THIS OFFICE YOUR LETTER OF NOVEMBER 9, 1950, REQUESTING AN ADVANCE DECISION ON THE CLAIM OF NORMA H. HALEY, WIDOW OF HOHN J. HALEY, DECEASED, LATE CAPTAIN, 123RD FIGHTER SQUADRON, 142ND FIGHTER GROUP, OREGON NATIONAL GUARD, FOR ARMORY DRILL PAY DUE THE DECEDENT AT THE DATE OF HIS DEATH, MARCH 19, 1950, SUPPORTED BY SUPPLEMENTAL ARMORY DRILL PAY ROLL OF THE SAID ORGANIZATION FOR THE PERIOD FROM JANUARY 1, 1950 TO MARCH 31, 1950. ALSO, THERE WAS TRANSMITTED WITH THE FILE FOR APPROPRIATE DISPOSITION CHECK NO. 97, 585, DATED MARCH 14, 1950, FOR $104, IN FAVOR OF THE DECEDENT DRAWN BY H. J. MCAULEY, SYMBOL NO. 225, 128, REPRESENTING PER DIEM FOR THE PERIOD FROM FEBRUARY 9, 1950, TO MARCH 2, 1950, DURING WHICH THE DECEDENT ATTENDED A COURSE OF INSTRUCTION AT SHAW AIR FORCE, BASE, SOUTH CAROLINA, PURSUANT TO THE PROVISIONS OF PARAGRAPH 14, SPECIAL ORDERS NO. 15, OFFICE OF THE ADJUTANT GENERAL, STATE OF OREGON, DATED JANUARY 23, 1950, AS AMENDED BY PARAGRAPH 6, SPECIAL ORDERS NO. 21, DATED JANUARY 31, 1950.

THE CLAIMANT APPEARS TO BE ENTITLED, AS WIDOW OF JOHN J. HALEY, DECEASED, TO SUCH AMOUNT AS WAS LEGALLY DUE THE DECEDENT FOR ARMORY DRILL PAY AT THE DATE OF HIS DEATH (SEE THE ACT OF JUNE 30, 1906, 34 STAT. 750, AS AMENDED BY SECTION 4 OF THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30), AND PAYMENT TO HER IN THAT AMOUNT IS AUTHORIZED, IF OTHERWISE CORRECT, NO DETERMINATION BEING MADE HEREIN AS TO THE CORRECT AMOUNT OF SUCH PAYMENT, OR AS TO THE CORRECTNESS OF THE SUPPLEMENTAL PAY ROLL IN OTHER RESPECTS.

WITH REFERENCE TO CHECK NO. 97,585, DRAWN ON VOUCHER NO. 13751, MARCH 1950 ACCOUNTS OF MAJOR H. J. MCAULEY, USAF, YOU ARE ADVISED THAT ON JULY 11, 1950, A NOTICE OF EXCEPTION (STANDARD FORM NO. 1100) WAS TAKEN ON VOUCHER NO. 13751 IN THE AMOUNT OF $52 (PER DIEM ALLOWANCE AT THE RATE OF $4 FOR 13 DAYS WHILE PURSUING COURSE OF INSTRUCTION), FOR THE REASON THAT PER DIEM MAY NOT BE ALLOWED TO A NATIONAL GUARD OFFICER, ON ACTIVE DUTY IN THE FEDERAL SERVICE, AT HIS ONLY DESIGNATED POST OF DUTY. IN THAT CONNECTION, IT APPEARS FROM THE STATEMENT OF TRAVEL ATTACHED TO VOUCHER NO. 13751, THAT THE SAID VOUCHER WAS COMPUTED ON THE BASIS THAT PER DIEM WAS PAYABLE FOR 23 DAYS AS FOLLOWS: ONE DAY AT THE RATE OF $7 PER DAY, 9 DAYS AT $5 PER DAY AND 13 DAYS AT $4 PER DAY. HOWEVER, THE SAID STATEMENT OF TRAVEL SHOWS THAT THE DECEDENT DEPARTED FROM PORTLAND, OREGON, AT 1:30 P.M., ON FEBRUARY 9, 1950, ARRIVING AT SHAW AIR FORCE BASE, SOUTH CAROLINA, AT 4:00 P.M., ON FEBRUARY 14, 1950; THAT HE DEPARTED THEREFROM AT 10:00 A.M., ON FEBRUARY 28, 1950, ARRIVING AT PORTLAND, OREGON, AT 2:00 P.M., ON MARCH 2, 1950, A TOTAL ABSENCE OF 22 DAYS. THUS, WITH THE EXCEPTION OF ONE DAY WHEN GOVERNMENT QUARTERS WERE NOT AVAILABLE, THE DECEDENT WOULD HAVE BEEN ENTITLED ONLY TO PER DIEM AT THE RATE OF $7 FOR ONE DAY, AND $5 FOR 8 DAYS, OR A SUM OF $47.

ACCORDINGLY, CHECK NO. 97, 585 IS BEING CANCELED AND, THEREFORE, UPON THE PREPARATION OF A SUPPLEMENTAL VOUCHER FOR PER DIEM (STANDARD FORM NO. 1012), YOU ARE AUTHORIZED TO MAKE PAYMENT THEREON IN THE AMOUNT OF $47.