B-111941, NOV 14, 1952

B-111941: Nov 14, 1952

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WHILE CAPTAIN CARBINE WAS ON TEMPORARY DUTY AT SANDIA BASE. PER DIEM WAS PAID AT THE RATES APPLICABLE WHERE GOVERNMENT QUARTERS WERE OCCUPIED AND THE TEMPORARY DUTY WAS OTHER THAN ATTENDANCE AT A SERVICE SCHOOL. PROVIDES THAT PER DIEM IS NOT PAYABLE TO STUDENTS FOR TEMPORARY DUTY PERFORMED AT SERVICE SCHOOLS LOCATED AT POSTS. OR STATIONS WHERE GOVERNMENT QUARTERS ARE AVAILABLE. SINCE IT APPEARS CLEAR THAT DUTY WAS PERFORMED BY CAPTAIN CARBINE AT A MILITARY INSTALLATION WHERE GOVERNMENT QUARTERS WERE AVAILABLE. NO RIGHT TO PER DIEM COULD ACCRUE TO HIM IF SUCH DUTY WAS PERFORMED AT A SERVICE SCHOOL WITHIN THE MEANING OF THAT TERM AS USED IN THE FOREGOING REGULATIONS. IT APPEARS THAT NEITHER SANDIA BASE NOR THE WEAPONEER TRAINING AND OTHER SIMILAR COURSES OF INSTRUCTION CONSTITUTING THE ARMED FORCES SPECIAL WEAPONS PROJECT CONDUCTED THEREAT HAVE BEEN DECLARED A SERVICE SCHOOL IN ORDERS ISSUED FOR THAT PURPOSE BY THE DEPARTMENT OF THE ARMY.

B-111941, NOV 14, 1952

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL J. T. WANAT, USAF:

THERE HAS BEEN RECEIVED BY 9TH INDORSEMENT OF SEPTEMBER 16, 1952, FROM THE OFFICE OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, YOUR 5TH INDORSEMENT TO THE LETTER OF AUGUST 4, 1952, FROM CAPTAIN JAMES T. CARBINE, JR., U.S.A.F., REQUESTING REVIEW OF THE EXCEPTION RAISED TO THE PAYMENT OF PER DIEM ON D. O. VOUCHER NO. 6897 IN THE APRIL 1948 ACCOUNT OF MAJOR F. M. SETZER, JR., FC.

THE VOUCHER IN QUESTION COVERS THE PAYMENT OF PER DIEM FROM FEBRUARY 1 TO APRIL 1, 1948, WHILE CAPTAIN CARBINE WAS ON TEMPORARY DUTY AT SANDIA BASE, ALBUQUERQUE, NEW MEXICO, PURSUANT TO SPECIAL ORDERS NO. 20, DATED JANUARY 29, 1948, PARAGRAPH 5 OF WHICH DIRECTED HIM TO PROCEED TO ALBUQUERQUE, NEW MEXICO, ON OR ABOUT FEBRUARY 1, 1948, ON TEMPORARY DUTY FOR APPROXIMATELY 24 WEEKS, "FOR THE PURPOSE OF ATTENDING SCHOOL" BEGINNING FEBRUARY 2, 1948. THE VOUCHER SHOWS THE OFFICER ARRIVED AT SANDIA BASE ON FEBRUARY 1, 1948, AND OCCUPIED GOVERNMENT QUARTERS FROM FEBRUARY 1 THROUGH APRIL 1, 1948. PER DIEM WAS PAID AT THE RATES APPLICABLE WHERE GOVERNMENT QUARTERS WERE OCCUPIED AND THE TEMPORARY DUTY WAS OTHER THAN ATTENDANCE AT A SERVICE SCHOOL.

PARAGRAPH 34B(2), ARMY REGULATIONS 35-4820 DATED JANUARY 30, 1948, APPLICABLE TO AIR FORCE OFFICERS UNTIL THE ISSUANCE OF AIR FORCE REGULATIONS NO. 173-13, DATED DECEMBER 23, 1948, PROVIDES THAT PER DIEM IS NOT PAYABLE TO STUDENTS FOR TEMPORARY DUTY PERFORMED AT SERVICE SCHOOLS LOCATED AT POSTS, CAMPS, OR STATIONS WHERE GOVERNMENT QUARTERS ARE AVAILABLE. SINCE IT APPEARS CLEAR THAT DUTY WAS PERFORMED BY CAPTAIN CARBINE AT A MILITARY INSTALLATION WHERE GOVERNMENT QUARTERS WERE AVAILABLE, NO RIGHT TO PER DIEM COULD ACCRUE TO HIM IF SUCH DUTY WAS PERFORMED AT A SERVICE SCHOOL WITHIN THE MEANING OF THAT TERM AS USED IN THE FOREGOING REGULATIONS. THE RECORD DISCLOSES SOME DIVERGENCE OF OPINION AS TO THAT MATTER. IT APPEARS THAT NEITHER SANDIA BASE NOR THE WEAPONEER TRAINING AND OTHER SIMILAR COURSES OF INSTRUCTION CONSTITUTING THE ARMED FORCES SPECIAL WEAPONS PROJECT CONDUCTED THEREAT HAVE BEEN DECLARED A SERVICE SCHOOL IN ORDERS ISSUED FOR THAT PURPOSE BY THE DEPARTMENT OF THE ARMY, AND THAT NEITHER SUCH PROJECT NOR ANY OF ITS ACTIVITIES WAS REGARDED AS A SERVICE SCHOOL BY HEADQUARTERS SANDIA BASE, ARMED FORCES SPECIAL WEAPONS PROJECT. SUCH CONCLUSION MAY HAVE BEEN INFLUENCED BY A STATEMENT IN A MEMORANDUM FROM THE CHIEF, ARMED FORCES SPECIAL WEAPONS PROJECT, WASHINGTON, D. C., TO THE CHIEF OF STAFF, UNITED STATES AIR FORCE, DATED MARCH 1, 1948, THAT "FOR PER DIEM PURPOSES, SANDIA BASE IS NOT CONSIDERED A SERVICE SCHOOL." ALSO, IN A COMMUNICATION CONCERNING POLICY GOVERNING TEMPORARY DUTY AT SANDIA BASE, FROM HEADQUARTERS, STRATEGIC AIR COMMAND, ANDREWS AIR FORCE BASE, WASHINGTON, D.C., TO THE COMMANDING OFFICER, 509TH BOMBARDMENT WING, VH, WALKER AIR FORCE BASE, ROSWELL, NEW MEXICO, DATED JULY 16, 1948, IT WAS STATED THAT SUCH HEADQUARTERS HAD MADE A DETERMINATION THAT FOR PER DIEM PURPOSES THE WEAPONEER SCHOOL AT SANDIA BASE IS TO BE CONSIDERED AS IN THE CATEGORY OF "NOT A SERVICE SCHOOL." HOWEVER, IN FIRST INDORSEMENT OF JULY 7, 1949, HEADQUARTERS, UNITED STATES AIR FORCE, DEPARTMENT OF THE AIR FORCE, ADVISED THE COMMANDING OFFICER AT SANDIA BASE THAT IN VIEW OF THE NATURE AND DURATION OF THE COURSES OF INSTRUCTION AT THE LATTER PLACE, REGULATIONS CONTAINED IN THE ABOVE-CITED PARAGRAPH 34B(2) "MUST APPLY, NOTWITHSTANDING PREVIOUS DIRECTIVES OR DETERMINATIONS." PRIOR THERETO, SAID HEADQUARTERS HAD ADVISED FIRST LIEUTENANT CHESTER A. SKELTON, JR., IN FIRST INDORSEMENT OF APRIL 6, 1949, THAT "SANDIA BASE, ALBUQUERQUE, NEW MEXICO IS CONSIDERED A SERVICE SCHOOL WITHIN THE DEFINITION OF PAR 34B, AR 35-4820, 30 JAN 48." THE ORGANIZATION AND TRAINING DIVISION, GENERAL STAFF CORPS, DEPARTMENT OF THE ARMY, MADE A DETERMINATION ON FEBRUARY 16, 1949, THAT THE WEAPONEER TRAINING AND OTHER COMPARABLE COURSES OF INSTRUCTION AT SANDIA BASE WERE CONSIDERED AS A SERVICE SCHOOL UNDER THE DEFINITION CONTAINED IN SAID PARAGRAPH 34B AND THAT DETERMINATION WAS REAFFIRMED IN UNDATED THIRD INDORSEMENT APPARENTLY ISSUED IN JULY 1949, WHEN THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, BY 2ND INDORSEMENT OF JULY 15, 1949, INVITED ATTENTION TO THE ABOVE MENTIONED LETTER OF JULY 16, 1948, FROM HEADQUARTERS STRATEGIC AIR COMMAND. THAT POSITION WAS AGAIN REAFFIRMED IN 4TH INDORSEMENT OF JULY 19, 1950, TO THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY. ON THE BASIS OF SUCH DETERMINATION, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, ADVISED THE COMMANDING OFFICER AT SANDIA BASE IN LETTER OF MAY 9, 1950, THAT EXCEPTIONS TAKEN BY THIS OFFICE, SIMILAR TO THE ONE HERE INVOLVED, WERE CORRECT. IN A COMMUNICATION DATED OCTOBER 26, 1951, THE CHIEF, ORGANIZATION AND TRAINING DIVISION, GENERAL STAFF CORPS, ADVISED THAT THE REASON THE ARMED FORCES SPECIAL WEAPONS PROJECT AT SANDIA BASE HAD NOT BEEN DECLARED A SERVICE SCHOOL IN DEPARTMENT OF THE ARMY GENERAL ORDERS WAS DUE TO THE FACT THAT SUCH PROJECT WAS NOT UNDER THE JURISDICTION OF THE DEPARTMENT OF THE ARMY.

AUTHORITY FOR PRESCRIBING PER DIEM ALLOWANCES TO PERSONNEL TRAVELING AWAY FROM THEIR DESIGNATED POSTS OF DUTY IS GRANTED BY STATUTE TO PROVIDE A MEANS FOR REIMBURSING OFFICERS FOR ADDITIONAL SUBSISTENCE EXPENSES INCURRED WHILE TEMPORARILY AWAY FROM THEIR DUTY STATIONS. TO ACCOMPLISH THAT PURPOSE, THE SECRETARY OF THE ARMY AND THE SECRETARY OF THE AIR FORCE DETERMINED, AS SET FORTH IN THE CITED REGULATIONS, THAT SUBSISTENCE EXPENSES OF OFFICERS ON TEMPORARY DUTY AS STUDENTS AT SERVICE SCHOOLS LOCATED AT POSTS, CAMPS, OR STATIONS, WHERE GOVERNMENT QUARTERS ARE AVAILABLE, WILL NOT BE INCREASED APPRECIABLY OVER THOSE THAT THEY WOULD INCUR AT THEIR DUTY STATIONS. NOTHING APPEARS IN THOSE REGULATIONS INDICATING THAT IT WAS CONTEMPLATED THAT THEY SHOULD APPLY TO CERTAIN TYPES OF SCHOOLS ONLY OR THAT DETERMINATION MIGHT BE MADE BY LOCAL OR INTERMEDIATE HEADQUARTERS AS TO THEIR APPLICATION IN PARTICULAR INSTANCES. THE ORDERS OF JANUARY 29, 1948, DIRECTED CAPTAIN CARBINE TO ATTEND A SCHOOL AND IN VIEW OF THE CITED REGULATIONS AND THE ADMINISTRATIVE VIEWS EXPRESSED ABOVE, IT MUST BE CONCLUDED THAT THE DUTY HE PERFORMED AT SANDIA BASE WAS DUTY AT A SERVICE SCHOOL WITHIN THE INTENT OF THE CITED REGULATIONS.

ACCORDINGLY, IT APPEARS THAT THE EXCEPTION AS STATED WAS PROPER.