B-111052, OCT 28, 1952

B-111052: Oct 28, 1952

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UPON THE COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR DUTY STATION. PAYMENT OF PER DIEM WAS AUTHORIZED IN THE ORDERS IN ACCORDANCE WITH THE JOINT TRAVEL REGULATIONS. EXCEPT THAT THE AMOUNT PAYABLE WAS EXPRESSLY LIMITED TO $35. THE RECORD SHOWS THAT YOU HAVE BEEN PAID THE TOTAL SUM OF $210 AS PER DIEM FOR SUCH DUTY. THE RATES OF PER DIEM PAYABLE TO OFFICER PERSONNEL OF THE UNIFORMED SERVICES ARE SET FORTH IN PARAGRAPH 4205 OF THE JOINT TRAVEL REGULATIONS. WAS DELEGATED TO VARIOUS DESIGNATED COMMANDS. SINCE IT APPEARS THAT YOU HAVE BEEN PAID PER DIEM IN AN AMOUNT EQUAL TO THE LIMITATION STATED IN YOUR ORDERS. THE DISALLOWANCE OF YOUR CLAIM FOR ADDITIONAL PER DIEM IS SUSTAINED. THE ORIGINAL ORDERS FORWARDED BY YOU ARE RETURNED HEREWITH.

B-111052, OCT 28, 1952

PRECIS-UNAVAILABLE

LIEUTENANT HENRY T. BARRETT, SC, U. S. NAVY:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JULY 8, 1952, REQUESTING REVIEW OF THAT PART OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED APRIL 22, 1952, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM INCIDENT TO THE PERFORMANCE OF TEMPORARY DUTY AT SAN DIEGO, CALIFORNIA, UNDER TEMPORARY ADDITIONAL DUTY ORDERS OF THE COMMANDING OFFICER, U.S.S. PHILIPPINE SEA, DATED JULY 13, 1951.

THE SAID ORDERS OF JULY 13, 1951, QUOTED FOR INFORMATION AND COMPLIANCE DISPATCH 122239Z OF THE COMMANDER AIR FORCE, UNITED STATES PACIFIC FLEET, OF JULY, 1951, WHICH DIRECTED THAT YOU PROCEED TO SAN DIEGO SO AS TO REPORT THERE NOT LATER THAN JULY 14, 1951, FOR TEMPORARY ADDITIONAL DUTY FOR A PERIOD OF ABOUT 4 WEEKS, UPON THE COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR DUTY STATION. PAYMENT OF PER DIEM WAS AUTHORIZED IN THE ORDERS IN ACCORDANCE WITH THE JOINT TRAVEL REGULATIONS, EXCEPT THAT THE AMOUNT PAYABLE WAS EXPRESSLY LIMITED TO $35. ORDERS OF THE COMMANDER AIR FORCE, PACIFIC FLEET, DATED AUGUST 14, 1951, MODIFIED THE PRIOR DISPATCH ORDERS TO INCREASE THE PERIOD OF TEMPORARY ADDITIONAL DUTY AUTHORIZED TO 10 WEEKS AND TO INCREASE THE MAXIMUM PER DIEM AUTHORIZATION PAYABLE THEREUNDER TO $210. YOU REPORTED AT SAN DIEGO UNDER THE ORDERS ON JULY 14, 1951, AND COMPELETED THE TEMPORARY ADDITIONAL DUTY DIRECTED ON OCTOBER 4, 1951. THE RECORD SHOWS THAT YOU HAVE BEEN PAID THE TOTAL SUM OF $210 AS PER DIEM FOR SUCH DUTY.

THE RATES OF PER DIEM PAYABLE TO OFFICER PERSONNEL OF THE UNIFORMED SERVICES ARE SET FORTH IN PARAGRAPH 4205 OF THE JOINT TRAVEL REGULATIONS. A FOOTNOTE TO THAT PARAGRAPH, AS ISSUED APRIL 1, 1951, AND IN EFFECT DURING THE PERIOD IN QUESTION, PROVIDES THAT THE SECRETARY OF THE DEPARTMENT CONCERNED MAY AUTHORIZE NO PER DIEM OR RATES OF PER DIEM IN LESSER AMOUNTS, OR MAY WAIVE OR EXTEND THE TIME LIMIT OTHERWISE APPLICABLE UNDER THE REGULATIONS, AND THAT SUCH AUTHORITY MAY BE DELEGATED TO A CHIEF OF AN APPROPRIATE BUREAU OR STAFF AGENCY. AUTHORITY OF THAT NATURE, WITH REFERENCE TO THE ISSUANCE OF TEMPORARY ADDITIONAL DUTY ORDERS, WAS DELEGATED TO VARIOUS DESIGNATED COMMANDS, INCLUDING THE COMMANDER AIR FORCE, PACIFIC FLEET, BY JOINT LETTER 51-229 OF THE BUREAU OF SUPPLIES AND ACCOUNTS AND THE BUREAU OF NAVAL PERSONNEL DATED MARCH 16, 1951. THE COMMANDER AIR FORCE, PACIFIC FLEET, THEREFORE, ACTED WITHIN HIS SPECIFICALLY DELEGATED AUTHORITY IN RESTRICTING THE AMOUNT OF PER DIEM PAYABLE TO YOU DURING THE PERIOD INVOLVED. ACCORDINGLY, SINCE IT APPEARS THAT YOU HAVE BEEN PAID PER DIEM IN AN AMOUNT EQUAL TO THE LIMITATION STATED IN YOUR ORDERS, THERE EXISTS NO PROPER BASIS FOR THE PAYMENT TO YOU OF THE ADDITIONAL AMOUNT CLAIMED. THEREFORE, IRRESPECTIVE OF THE REASONS STATED FOR THE ACTION TAKEN IN THE SETTLEMENT OF APRIL 22, 1952, THE DISALLOWANCE OF YOUR CLAIM FOR ADDITIONAL PER DIEM IS SUSTAINED.

THE ORIGINAL ORDERS FORWARDED BY YOU ARE RETURNED HEREWITH.