B-111025, NOV 10, 1952

B-111025: Nov 10, 1952

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YOU WERE DIRECTED UNDER THE SAID ORDERS TO PROCEED FROM YOUR STATION AT CAMP LEJEUNE. UPON THE COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR DUTY STATION. PER DIEM WAS AUTHORIZED UNDER THE ORDERS IN ACCORDANCE WITH CHAPTER 4. STATES THAT BACHELOR OFFICER QUARTERS AND MESS WERE AVAILABLE TO YOU FROM JUNE 30 TO JULY 1. THAT YOU AND YOUR DEPENDENTS WERE ASSIGNED GOVERNMENT QUARTERS (MARRIED OFFICER'S QUARTERS) ON JULY 2 AND THAT THEY WERE VACATED ON AUGUST 17. DURING WHICH PERIOD GOVERNMENT MESS WAS NOT AVAILABLE. PER DIEM AT THE RATE OF $1 AUTHORIZED IN PARAGRAPH 4205-5 OF THE JOINT TRAVEL REGULATIONS FOR OFFICERS WHILE ON TEMPORARY DUTY ATTENDING COURSES OF INSTRUCTION WHERE GOVERNMENT QUARTERS AND MESS ARE AVAILABLE.

B-111025, NOV 10, 1952

PRECIS-UNAVAILABLE

ANDREW F. EVANS:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JULY 12, 1952, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED JUNE 30, 1952, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE SUM OF $184 COLLECTED FROM YOU AS AN OVERPAYMENT OF PER DIEM RECEIVED INCIDENT TO TEMPORARY DUTY PERFORMED BY YOU AS AN OFFICER OF THE UNITED STATES MARINE CORPS RESERVE UNDER ORDERS DATED JUNE 22, 1951.

YOU WERE DIRECTED UNDER THE SAID ORDERS TO PROCEED FROM YOUR STATION AT CAMP LEJEUNE, NORTH CAROLINA, AND REPORT AT NEWPORT, RHODE ISLAND, FOR TEMPOARY ADDITIONAL DUTY AS A STUDENT UNDER INSTRUCTION IN THE NAVAL JUSTICE COURSE AT THE UNITED STATES NAVAL SCHOOL (NAVAL JUSTICE) FOR A PERIOD OF ABOUT SEVEN WEEKS, UPON THE COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR DUTY STATION. PER DIEM WAS AUTHORIZED UNDER THE ORDERS IN ACCORDANCE WITH CHAPTER 4, PART E, OF THE JOINT TRAVEL REGULATIONS. INDORSEMENT OF THE COMMANDING OFFICER AT THE NAVAL SCHOOL DATED AUGUST 17, 1951, STATES THAT BACHELOR OFFICER QUARTERS AND MESS WERE AVAILABLE TO YOU FROM JUNE 30 TO JULY 1, 1951, BUT THAT YOU AND YOUR DEPENDENTS WERE ASSIGNED GOVERNMENT QUARTERS (MARRIED OFFICER'S QUARTERS) ON JULY 2 AND THAT THEY WERE VACATED ON AUGUST 17, 1951, DATE OF DETACHMENT FROM DUTY AT THE SCHOOL, DURING WHICH PERIOD GOVERNMENT MESS WAS NOT AVAILABLE. THE $184 COLLECTED FROM YOU REPRESENTS THE DIFFERENCE BETWEEN THE $5 PER DIEM YOU RECEIVED FOR THE PERIOD FROM JULY 2 TO AUGUST 16, 1951, AND PER DIEM AT THE RATE OF $1 AUTHORIZED IN PARAGRAPH 4205-5 OF THE JOINT TRAVEL REGULATIONS FOR OFFICERS WHILE ON TEMPORARY DUTY ATTENDING COURSES OF INSTRUCTION WHERE GOVERNMENT QUARTERS AND MESS ARE AVAILABLE. IN LETTER OF THE COMMANDING OFFICER AT THE UNITED STATES NAVAL SCHOOL (NAVAL JUSTICE) AT NEWPORT DATED JANUARY 2, 1952, CONCERNING THE AVAILABILITY OF GOVERNMENT MESS FOR STUDENTS AT THAT STATION, IT IS STATED THAT FOR THE MOST PART, GOVERNMENT MESS HAS NOT BEEN AVAILABLE TO STUDENTS WHO EITHER OCCUPY MARRIED OFFICER'S QUARTERS OR LIVE OFF THE NAVAL STATION, THE LACK OF SUFFICIENT STEWARDS AND STEWARDS MEN HAVING MADE IT "IMPRACTICABLE TO MESS ANY BUT BOQ AND WOQ OCCUPANTS." IT APPEARS, THEREFORE, THAT HAD YOU NOT OCCUPIED MARRIED OFFICER'S QUARTERS WITH YOUR DEPENDENTS DURING THE PERIOD IN QUESTION BACHELOR OFFICER'S QUARTERS AND GOVERNMENT MESS WOULD HAVE BEEN AVAILABLE TO YOU. PARAGRAPH 7000-3 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IN CONNECTION WITH AN ASSIGNMENT TO A SCHOOL OR INSTALLATION AS A STUDENT ONLY IF THE COURSE OF INSTRUCTION IS TO BE 20 WEEKS OR MORE IN DURATION. SINCE THE COURSE OF INSTRUCTION TO WHICH YOU WERE ASSIGNED UNDER THE ORDERS OF JUNE 22, 1951, WAS FOR A PERIOD OF SEVEN WEEKS ONLY, IT MUST BE CONSIDERED THAT THE ASSIGNMENT OF YOU AND YOUR DEPENDENTS TO MARRIED OFFICER'S QUARTERS WAS FOR YOUR PERSONAL CONVENIENCE AND THAT MESSING FACILITIES WERE AVAILABLE FOR YOU EXCEPT FOR SUCH PERSONAL ARRANGEMENTS OTHERWISE.

SINCE GOVERNMENT QUARTERS AND MESS APPEAR TO HAVE BEEN AVAILABLE FOR YOUR USE DURING THE PERIOD INVOLVED, YOU WERE ENTITLED UNDER THE REGULATIONS TO PER DIEM AT THE RATE OF $1 ONLY. ACCORDINGLY, THE SETTLEMENT OF JUNE 30, 1952, IS SUSTAINED.

YOUR ORIGINAL ORDERS OF JUNE 22, 1951, AND INDORSEMENTS THERETO, ARE RETURNED HEREWITH AS REQUESTED.