B-107788, MAY 28, 1952

B-107788: May 28, 1952

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USMC: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 8. YOU WERE DIRECTED TO REPORT TO THE COMMANDING GENERAL. YOU WERE FURTHER DIRECTED TO PROCEED AND REPORT TO THE COMMANDING OFFICER. " YOU WERE TO RETURN TO CAMP JOSEPH H. THAT YOUR TEMPORARY ADDITIONAL DUTY WAS COMPLETED ON JUNE 16. WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE. IN YOUR PRESENT LETTER YOU STATE YOU WERE NOT "TRAVELING WITH TROOPS" AT ALL TIMES WITHIN THE MEANING OF SAID PHRASE AS DEFINED IN PARAGRAPH 4000. THAT GOVERNMENT MESSING FACILITIES WERE NOT ALWAYS AVAILABLE EVEN AT YOUR OWN EXPENSE. PROVIDES THAT A MEMBER IS TRAVELING WITH TROOPS WHEN HE IS PHYSICALLY TRAVELING AS A MEMBER OF. ANY BODY OF TROOPS WHICH IS SUBSISTED EN ROUTE FROM A KITCHEN CAR.

B-107788, MAY 28, 1952

PRECIS-UNAVAILABLE

MAJOR RUSSELL PIEL, USMC:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 8, 1952, REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 2, 1952, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM DURING THE PERIOD JUNE 7 TO 17, 1951.

THE RECORD SHOWS THAT BY POST SPECIAL ORDER NO. 156-51, DATED JUNE 5, 1951, CAMP JOSEPH H. PENDLETON, OCEANSIDE, CALIFORNIA, YOU WERE DIRECTED TO REPORT TO THE COMMANDING GENERAL, FLEET MARINE FORCE PACIFIC, CAMP JOSEPH H. PENDLETON, FOR TEMPORARY ADDITIONAL DUTY IN CONNECTION WITH FIELD PROBLEMS FOR A PERIOD OF ABOUT 10 DAYS; THAT BY SECOND ENDORSEMENT DATED JUNE 8, 1951, YOU WERE FURTHER DIRECTED TO PROCEED AND REPORT TO THE COMMANDING OFFICER, 7TH TANK BATTALION FOR TRANSPORTATION, RATIONS AND BILLETING IN CONNECTION WITH UMPIRING DUTIES DURING "LEX-I-ABLE," AND UPON COMPLETION OF TEMPORARY ADDITIONAL DUTY AND WHEN DIRECTED BY THE CHIEF UMPIRE, "LEX-I-ABLE," YOU WERE TO RETURN TO CAMP JOSEPH H. PENDLETON AND RESUME YOUR REGULAR DUTIES; THAT YOUR TEMPORARY ADDITIONAL DUTY WAS COMPLETED ON JUNE 16, 1951; AND THAT YOUR CLAIM FOR A PER DIEM ALLOWANCE FOR THE PERIOD JUNE 7 TO 17, 1951, WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE. IN YOUR PRESENT LETTER YOU STATE YOU WERE NOT "TRAVELING WITH TROOPS" AT ALL TIMES WITHIN THE MEANING OF SAID PHRASE AS DEFINED IN PARAGRAPH 4000, JOINT TRAVEL REGULATIONS, AND THAT GOVERNMENT MESSING FACILITIES WERE NOT ALWAYS AVAILABLE EVEN AT YOUR OWN EXPENSE.

PARAGRAPH 4000, JOINT TRAVEL REGULATIONS, CITED BY YOU, PROVIDES THAT A MEMBER IS TRAVELING WITH TROOPS WHEN HE IS PHYSICALLY TRAVELING AS A MEMBER OF, OR ON DUTY WITH, ANY BODY OF TROOPS WHICH IS SUBSISTED EN ROUTE FROM A KITCHEN CAR, ROILING KITCHEN, FIELD RANGE, SHIP'S GALLEY, OR OTHER COMPARABLE GOVERNMENT FACILITIES FOR PREPARING COMPLETE COOKED MEALS EN ROUTE. HOWEVER, WITH PARTICULAR REFERENCE TO THE TYPE OF DUTY HERE INVOLVED, PARAGRAPH 4201-7 OF SAID REGULATIONS PROVIDES THAT A PER DIEM ALLOWANCE IS NOT PAYABLE FOR FIELD DUTY, INCLUDING MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES, TRAINING ENCAMPMENTS FOR CIVILIAN COMPONENTS, AND DUTY AS OBSERVER, UMPIRE AND OTHER SIMILAR ACTIVITIES WHERE BOTH RATIONS IN KIND AND QUARTERS ARE AVAILABLE OR FURNISHED WHETHER OR NOT SUCH FACILITIES ARE UTILIZED EXCEPT WHEN ACTUALLY ENGAGED IN THE "ADVANCE PLANNING AND CRITIQUE PHASES" OF THE OPERATION.

IN YOUR ORIGINAL CLAIM NO MENTION WAS MADE OF ANY TIME SPENT IN ADVANCE PLANNING OR CRITIQUE PHASES OF THE OPERATION. HOWEVER, IN THE ITINERARY ACCOMPANYING YOUR PRESENT LETTER YOU STATE THAT YOUR ADDITIONAL TEMPORARY DUTY AS UMPIRE IN CONNECTION WITH LEX-I-ABLE ON SAN CLEMENTE ISLAND WAS COMPLETED AT 0300 ON JUNE 16, 1951; THAT THE GOVERNMENT AIR TRANSPORTATION (TO WHICH YOU WERE ASSIGNED FOR RETURN TRANSPORTATION TO YOUR PERMANENT STATION) WAS NOT AVAILABLE BECAUSE OF WEATHER CONDITIONS; THAT YOU WERE INSTRUCTED TO APPLY FOR SURFACE TRANSPORTATION WHICH SUBSEQUENTLY WAS FURNISHED ABOARD A NAVY VESSEL, AND THAT THE HOURS FROM 0300 TO 1600 ON THAT DATE WERE SPENT IN "PLANNING CRITIQUE; CRITIQUE, AND AWAITING TRANSPORTATION."

AS TO WHETHER RATIONS AND QUARTERS WERE AVAILABLE TO YOU WHILE ON THE TEMPORARY ADDITIONAL DUTY HERE INVOLVED, THE COMMANDING OFFICER, 7TH TANK BATTALION, FLEET MARINE FORCE, FURNISHED A DETAILED REPORT DATED NOVEMBER 30, 1951, AS FOLLOWS:

"2. ACCORDING TO THE RECORDS OF THIS COMMAND AND THE STATEMENTS OF PERSONS FAMILIAR WITH THE SITUATION, MAJOR RUSSELL PIEL, U. S. MARINE CORPS (010079) WAS TEMPORARILY ATTACHED TO THIS COMMAND DURING THE PERIOD FROM 8-16 JUNE 1951, FOR TRANSPORTATION, RATIONS AND BILLETING IN CONNECTION WITH UMPIRING DUTIES LANDING EXERCISE 1-ABLE.

"3. RECORDS DO NOT INDICATE WHETHER RATIONS OR QUARTERS WERE FURNISHED MAJOR PIEL ON 8 JUNE 1951. IT IS KNOWN, HOWEVER, THAT MEALS WERE AVAILABLE ON THAT DATE ON A REIMBURSEABLE BASIS THROUGH THE MESS AT WHICH THIS COMMAND WAS SUBSISTED. AS THIS COMMAND IS LOCATED GEOGRAPHICALLY IN THE SAME AREA AS HIS PARENT COMMAND, IT IS OBVIOUS THAT HIS USUAL QUARTERS WERE AVAILABLE TO HIM ON THAT DATE.

"4. ON 9 JUNE 1951, MORNING AND NOON MEALS WERE AVAILABLE TO MAJOR PIEL IN THE SAME MANNER DESCRIBED IN PARAGRAPH 3, AS WELL AS EVENING MEAL ON 17 JUNE 1951. 'C' RATIONS HAD BEEN FURNISHED BY THE BATTALION SUPPLY OFFICER IN SUFFICIENT AMOUNT TO PROVIDE THREE MEALS, ONE OF WHICH WAS PROVIDED ABOARD THE SHIP ON 10 JUNE 1951. ALL OTHER MEALS ABOARD SHIP WERE PROVIDED BY THE NAVY. DURING THE PERIOD ACTUALLY ON SAN CLEMENTE ISLAND, 'A' AND 'B' RATIONS WERE MADE AVAILABLE TO UMPIRE PERSONNEL BY THE BATTALION MESS OFFICER.

"5. MESS RECORDS FOR THIS PERIOD CANNOT BE FORWARDED AND IT IS IMPOSSIBLE TO DETERMINE WHETHER MAJOR PIEL ACTUALLY SUBSISTED HIMSELF WITH THE GENERAL MESS, AND IF SO, WHETHER REIMBURSEMENT WAS MADE.

"6. QUARTERS FURNISHED ON SAN CLEMENTE ISLAND DURING THE PERIOD 10 THROUGH 15 JUNE WERE OF FIELD EXPEDIENCY EXACTLY AS THOSE PROVIDED FOR PERSONNEL REGULARLY ATTACHED TO THE COMMAND. NO QUARTERS OF ANY OTHER TYPE, EITHER GOVERNMENT OR PRIVATE, WERE AVAILABLE.

"7. IN ACCORDANCE WITH THE DEFINITION SET FORTH IN JOINT TRAVEL REGULATIONS, MAJOR PIEL WAS CONSIDERED TO BE IN A 'TRAVEL WITH TROOPS' STATUS WHILE TRAVELING FROM SAN DIEGO TO SAN CLEMENTE ISLAND AND RETURN."

IN VIEW OF THE ABOVE REPORT AND SINCE IT APPEARS FROM YOUR ITINERARY THAT THE ONLY POSSIBLE PERIOD DURING WHICH YOU MIGHT HAVE ENGAGED IN PLANNING AND CRITIQUE PHASES WAS FOR A SHORT TIME WHILE AWAITING TRANSPORTATION TO YOUR PERMANENT STATION, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF JANUARY 2, 1952, WAS CORRECT AND MUST BE SUSTAINED.