B-107309, AUGUST 14, 1952, 32 COMP. GEN. 96

B-107309: Aug 14, 1952

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IS NOT ENTITLED TO PER DIEM UNDER PARAGRAPH 3C (1). NEITHER IS SUCH OFFICER ENTITLED TO PER DIEM. 952: REFERENCE IS MADE TO YOUR LETTER OF JULY 19. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER SUBMITTED THEREWITH. WERE MOVED AT CURRENT STRENGTH TO SHEPPARD AIR FORCE BASE. FOR TEMPORARY CHANGE OF STATION OF NOT TO EXCEED 150 DAYS FOR PURPOSE OF TRAINING BASIC AIRMEN FOR WHOM SPACE WAS NOT AVAILABLE AT LACKLAND AIR FORCE BASE. IT WAS STATED THEREIN THAT THE COMMANDING OFFICER AT SHEPPARD AIR FORCE BASE WOULD FURNISH LOGISTIC SUPPORT INCLUDING RATIONS. YOU STATE THAT THE PERIOD OF SUCH DUTY LATER WAS EXTENDED TO 210 DAYS AND THAT SUCH ORGANIZATION HAD NOT RETURNED TO LACKLAND AIR FORCE BASE AT THE TIME YOU WROTE YOUR LETTER.

B-107309, AUGUST 14, 1952, 32 COMP. GEN. 96

SUBSISTENCE - PER DIEM - HEADQUARTERS - TEMPORARY RELOCATION OF ORGANIZATION AN AIR FORCE OFFICER WHO, WITH HIS ORGANIZATION, UNDERWENT A TEMPORARY CHANGE OF STATION FOR TRAINING PURPOSES DUE TO LACK OF SPACE AT HIS PROPER STATION, IS NOT ENTITLED TO PER DIEM UNDER PARAGRAPH 3C (1), ARMY REGULATIONS 35-4820, FOR PERFORMING DUTY WITH HIS ASSIGNED ORGANIZATION AT THE TEMPORARY LOCATION; NEITHER IS SUCH OFFICER ENTITLED TO PER DIEM, INCIDENT TO SUCH TEMPORARY DUTY, UNDER THE JOINT TRAVEL REGULATIONS WHICH BECAME EFFECTIVE DURING THE PERIOD OF RELOCATION.

COMPTROLLER GENERAL WARREN TO LT. COL. M. F. HINCH, DEPARTMENT OF THE AIR FORCE, AUGUST 14, 952:

REFERENCE IS MADE TO YOUR LETTER OF JULY 19, 1951, FORWARDED TO THIS OFFICE BY DEPUTY DIRECTOR OF FINANCE, DEPARTMENT OF THE AIR FORCE, UNDER DATE OF JUNE 24, 1952, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER SUBMITTED THEREWITH, COVERING PAYMENT OF PER DIEM TO FIRST LIEUTENANT WILLIAM E. WOODS, USAF, FOR THE PERIOD DECEMBER 3, 1950, TO JULY 2, 1951.

BY GENERAL ORDERS NO. 74 (CORRECTED COPY), JULY 28, 1950, HEADQUARTERS, LACKLAND AIR FORCE BASE, SAN ANTONIO, TEXAS, THE 3740TH BASIC MILITARY TRAINING GROUP, AND ASSIGNED ORGANIZATIONS AS INDICATED, INCLUDING HEADQUARTERS AND HEADQUARTERS SQUADRON OF SUCH GROUP, WERE MOVED AT CURRENT STRENGTH TO SHEPPARD AIR FORCE BASE, TEXAS, FOR TEMPORARY CHANGE OF STATION OF NOT TO EXCEED 150 DAYS FOR PURPOSE OF TRAINING BASIC AIRMEN FOR WHOM SPACE WAS NOT AVAILABLE AT LACKLAND AIR FORCE BASE. IT WAS STATED THEREIN THAT THE COMMANDING OFFICER AT SHEPPARD AIR FORCE BASE WOULD FURNISH LOGISTIC SUPPORT INCLUDING RATIONS, QUARTERS, HOUSING AND EQUIPMENT. YOU STATE THAT THE PERIOD OF SUCH DUTY LATER WAS EXTENDED TO 210 DAYS AND THAT SUCH ORGANIZATION HAD NOT RETURNED TO LACKLAND AIR FORCE BASE AT THE TIME YOU WROTE YOUR LETTER. PARAGRAPH 135, SPECIAL ORDERS NO. 235, SAME HEADQUARTERS, DATED NOVEMBER 29, 1950, PLACED LIEUTENANT WOODS-- - A MEMBER OF HEADQUARTERS AND HEADQUARTERS SQUADRON OF SAID GROUP--- ON INDEFINITE TEMPORARY DUTY AND DIRECTED THAT HE PROCEED TO SHEPPARD AIR FORCE BASE ON OR ABOUT DECEMBER 1, 1950, AND REPORT TO THE COMMANDING OFFICER OF HIS ORGANIZATION AT THAT BASE, FOR THE PURPOSE OF TRAINING BASIC AIRMEN, UPON COMPLETION OF WHICH HE WAS TO RETURN TO HIS PROPER STATION. THE PERIOD OF SUCH TEMPORARY DUTY WAS TERMINATED BY PARAGRAPH 164, SPECIAL ORDERS NO. 150, SAME HEADQUARTERS, JUNE 21, 1951, AND PARAGRAPH 165 OF THE SAME ORDERS EFFECTED HIS RELEASE FROM ASSIGNMENT AND DUTY WITH " PP"--- APPARENTLY AN ABBREVIATION FOR ,PERMANENT PARTY" -- 3742ND TRAINING SQUADRON OF THE ABOVE-MENTIONED GROUP, AND ASSIGNED HIM TO HEADQUARTERS AND HEADQUARTERS SQUADRON, 3700TH BASIC MILITARY TRAINING GROUP AT LACKLAND AIR FORCE BASE," EDCSA 23 JUN 51.' THE LATTER DATE WAS CHANGED TO JULY 9, 1951, BY PARAGRAPH 97, SPECIAL ORDERS NO. 164, JULY 9, 1951.

PARAGRAPH 3C (1), ARMY REGULATIONS 35-4820, STATES THAT IT IS THE RESPONSIBILITY OF OFFICERS ISSUING ORDERS, TO DETERMINE WHEN PER DIEM SHOULD NOT BE PAID FOR PERIODS OF TEMPORARY DUTY, AND IT IS PROVIDED THAT APPROPRIATE LANGUAGE BARRING PAYMENT OF PER DIEM "WILL BE INCLUDED IN ORDERS IN ANY CASE WHERE THE TEMPORARY DUTY ENJOINED IS PERFORMED AS AN ASSIGNED OR ATTACHED MEMBER OF A MILITARY ORGANIZATION.' SINCE THE INCLUSION OF LANGUAGE BARRING PAYMENT OF PER DIEM IS MANDATORY ,IN ANY CASE" WHERE THE DIRECTED TEMPORARY DUTY IS TO BE PERFORMED AS AN ASSIGNED OR ATTACHED MEMBER OF A MILITARY ORGANIZATION, IT APPEARS CLEAR THAT THE PROVISIONS OF SAID PARAGRAPH 3C (1) DO NOT CONTEMPLATE THE PAYMENT OF PER DIEM WHEN DUTY IS PERFORMED UNDER SUCH CIRCUMSTANCES AND SINCE THE ORDERS OF NOVEMBER 29, 1950, DIRECTED THAT THE OFFICER PROCEED TO SHEPPARD AIR FORCE BASE FOR THE PERFORMANCE OF TEMPORARY DUTY WITH THE 3740TH BASIC MILITARY TRAINING GROUP, THE ORGANIZATION TO WHICH HE WAS ATTACHED, NO RIGHT TO PER DIEM ACCRUED TO HIM UNDER SUCH REGULATIONS. HENCE, THE OFFICER IS NOT ENTITLED TO PER DIEM FROM THE DATE HE STARTED SERVING WITH HIS ORGANIZATION DECEMBER 3, 1950, TO MARCH 31, 1951.

ON APRIL 1, 1951, THE DATE OF THE JOINT TRAVEL REGULATIONS PAR. 4200, 4201 BECAME EFFECTIVE, LIEUTENANT WOODS WAS PERFORMING TEMPORARY DUTY WITH THE ORGANIZATION TO WHICH HE WAS ASSIGNED AND APPARENTLY THAT TEMPORARY STATUS AROSE ONLY BECAUSE THAT ORGANIZATION WAS TEMPORARILY LOCATED AT SHEPPARD AIR FORCE BASE. NO PROVISION HAS BEEN FOUND IN THE SAID JOINT TRAVEL REGULATIONS WHICH MAY BE CONSIDERED AS AUTHORITY FOR REVIVING--- ON THE DATE THE REGULATIONS BECAME EFFECTIVE--- THE PER DIEM STATUS OF AN OFFICER SO SITUATED AND SINCE IT APPEARS THAT THE OFFICER'S STATUS REMAINED UNCHANGED UNTIL HE COMMENCED TRAVEL ON JULY 3, 1951, HE IS NOT ENTITLED TO PER DIEM FOR THE PERIOD APRIL 1, 1951 TO JULY 2, 1951, INCLUSIVE. CF. B-56672 DATED APRIL 4, 1946.

ACCORDINGLY, YOU ARE ADVISED THAT THERE IS NO AUTHORITY FOR THE PAYMENT OF THE OFFICER'S CLAIM AND THE SUBMITTED VOUCHER WILL BE RETAINED IN THIS OFFICE.