B-111353, NOV 3, 1952

B-111353, NOV 3, 1952

PRECIS-UNAVAILABLE

JAMES A. HOPPER, SK3 U. S. COAST GUARD CUTTER FALLOUT (WDE-424):

REFERENCE IS MADE TO YOUR LETTER OF JULY 19, 1952, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF FEBRUARY 29, 1952, WHICH ALLOWED $28.50 AS PER DIEM FOR YOUR TRAVEL FROM NEW LONDON, CONNECTICUT, TO SEATTLE, WASHINGTON, WHILE SERVING AS SEAMAN, UNITED STATES COAST GUARD.

BY ORDERS DATED APRIL 13, 1951, YOU WERE DIRECTED TO PROCEED FROM SEATTLE, WASHINGTON, TO THE COAST GUARD TRAINING STATION, GROTON, CONNECTICUT, FOR TEMPORARY DUTY UNDER INSTRUCTION FOR A PERIOD OF 16 WEEKS, UPON COMPLETION OF WHICH YOU WERE TO RETURN TO SEATTLE FOR DUTY. THE RECORD SHOWS THAT ON THE RETURN TRIP YOU DEPARTED THE COAST GUARD TRAINING STATION AT GROTON AT 2:00 P.M. ON AUGUST 22, 1951, AND ARRIVED AT AND REPORTED TO THE COAST GUARD BASE, SEATTLE, WASHINGTON, AT 11:36 P.M. ON SEPTEMBER 3, 1951, HAVING BEEN AUTHORIZED LEAVE EN ROUTE, AND THAT YOU CLAIMED PER DIEM FOR THREE AND THREE-FOURTHS DAYS, AUGUST 22, 23, 24 AND 25, 1951, AT $9 PER DAY LESS $3 FOR TWO MEALS FURNISHED ON THE FIRST DAY, OR A TOTAL OF $30.75. IN THIS CONNECTION YOU STATED ON THE CLAIM FORM THAT YOU COULD HAVE DEPARTED NEW LONDON, CONNECTICUT, BY RAIL AT 4:56 P.M. ON AUGUST 22, 1951, AND ARRIVED AT SEATTLE, WASHINGTON, AT 2:30 P.M. ON AUGUST 25, 1951. THE AMOUNT ALLOWED BY THE SETTLEMENT MENTIONED ABOVE WAS COMPUTED ON THE BASIS OF THREE AND ONE-HALF DAYS LESS $3, IT BEING STATED THEREIN THAT SINCE YOU COULD HAVE ARRIVED AT SEATTLE AT 10:30 A.M. ON AUGUST 25, 1951, YOU WERE ENTITLED TO PER DIEM OF ONLY $4.50 FOR THAT DAY. IN YOUR REQUEST FOR REVIEW YOU CONTEND THAT YOU CHECKED OUT FROM THE COAST GUARD TRAINING STATION AT GROTON AT 2:00 P.M. ON AUGUST 22, 1951; THAT THE FASTEST RAIL SERVICE YOU COULD HAVE USED, DEPARTING NEW LONDON AT 2:46 P.M. ON AUGUST 22, 1951 (VIA THE NEW YORK, NEW HAVEN AND HARTFORD), WOULD HAVE CAUSED YOU TO ARRIVE AT SEATTLE AT 7:30 A.M. ON AUGUST 26, 1951 (ABOARD THE NORTHERN PACIFIC), AND THEREFORE, THAT YOU ARE ENTITLED TO ADDITIONAL PER DIEM.

PARAGRAPH 4205-2, JOINT TRAVEL REGULATIONS, PROVIDES THAT THE CALENDAR DAY (MIDNIGHT TO MIDNIGHT) WILL BE THE UNIT USED IN COMPUTING PER DIEM AND THAT FOR FRACTIONAL PARTS OF A DAY ON THE DAY OF ARRIVAL AT THE PERMANENT STATION ONE-FOURTH OF THE $9 PER DIEM RATE WILL BE ALLOWED FOR EACH PERIOD OF SIX HOURS OR FRACTION THEREOF.

THE OFFICIAL GUIDE FOR THE RAILWAYS, AUGUST 1951, SHOWS SCHEDULED RAIL SERVICE COULD HAVE BEEN UTILIZED AS FOLLOWS:

LEAVE NEW LONDON 3:59 P.M. 8/22/51 NEW YORK, NEW HAVEN

& HARTFORD RY.

ARRIVE NEW YORK 6:30 P.M. " " " "

LEAVE " " 7:15 P.M. " PENNSYLVANIA RAILROAD

ARRIVE CHICAGO 12:25 " 8/23/51 " "

LEAVE " 3:30 " " CHICAGO, MILWAUKEE,

ST. PAUL & PACIFIC RY.

ARRIVE SEATTLE 10:30 A.M. 8/25/51 " " " "

SINCE IT IS APPARENT THAT YOU COULD HAVE ARRIVED IN SEATTLE ON AUGUST 25, 1951, AT 10:30 A.M., AND SINCE YOU WERE ALLOWED PER DIEM FOR TWO SIX HOUR PERIODS, OR $4.50 ON THAT DATE, THERE IS NO BASIS FOR THE ALLOWANCE OF ANY ADDITIONAL AMOUNT. THEREFORE, THE SETTLEMENT OF FEBRUARY 29, 1952, WAS CORRECT AND IS SUSTAINED.