B-112402, NOV 13, 1952

B-112402, NOV 13, 1952

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL C. W. FARNUM, FC; U.S. ARMY:

BY FIRST INDORSEMENT OF OCTOBER 15, 1952, FROM THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, THERE WAS FORWARDED TO THIS OFFICE YOUR LETTER OF AUGUST 13, 1952, AND ACCOMPANYING PAPERS, REQUESTING ADVANCE DECISION AS TO THE RIGHT OF SECOND LIEUTENANT ROBERT S. COLLAR, ORDNANCE CORPS, TO ADDITIONAL PER DIEM DURING THE PERIOD DECEMBER 30, 1951, TO MARCH 27, 1952.

IT APPEARS THAT TEMPORARY DUTY WAS PERFORMED BY LIEUTENANT COLLAR AT CAMP IRWIN, CALIFORNIA, DURING THE PERIOD INVOLVED, UNDER ORDERS OF DECEMBER 27, 1951, AS AMENDED BY ORDERS OF MARCH 4 AND MARCH 20, 1952, ISSUED AT DETROIT ARSENAL, DIRECTING TRAVEL TO CAMP IRWIN FROM CENTER LINE, MICHIGAN, FOR THE PERFORMANCE OF TEMPORARY DUTY FOR APPROXIMATELY 97 DAYS IN CONNECTION WITH ORDNANCE ACTIVITIES. IT APPEARS THAT LIEUTENANT COLLAR WAS ONE OF SEVERAL PERSONS ASSIGNED TO CAMP IRWIN FOR TEMPORARY DUTY AND THAT HE MAY HAVE BEEN IN CHARGE OF A GROUP OF CIVILIANS WHO WERE PARTICIPATING IN CERTAIN ACTIVITIES AT THAT STATION. DURING THE PERIOD INDICATED HE WAS PAID PER DIEM AT THE RATE OF $5 PER DAY ON THE BASIS THAT GOVERNMENT QUARTERS WERE AVAILABLE AT THAT PLACE. AFTER HIS RETURN TO DETROIT ARSENAL, HE ADVISED THE COMMANDING OFFICER THEREAT IN A COMMUNICATION DATED APRIL 2, 1952, THAT UPON HIS ARRIVAL AT CAMP IRWIN THE COMMANDING OFFICER THEREAT ADVISED THAT QUARTERS AT THAT PLACE WERE NOT CONSIDERED ADEQUATE FOR THE CIVILIAN PERSONNEL, AND THAT AS A CONSEQUENCE OF THAT DECISION IT WAS NECESSARY FOR HIM TO STAY AT BARSTOW - WHERE THE CIVILIANS OBTAINED LODGING - FOR THE PURPOSE OF FULLY COORDINATING THE PROGRAM AND FOR DISCUSSIONS EACH EVENING WITH THE CIVILIAN PERSONNEL. ANOTHER REASON ADVANCED FOR NOT OCCUPYING QUARTERS AT THE CAMP, IS THAT THE TELEPHONE FACILITIES THEREAT WERE "INADEQUATE" FOR MAKING DAILY REPORTS TO DETROIT ARSENAL. IN A LETTER TO YOU FROM THE EXECUTIVE OFFICER AT DETROIT ARSENAL DATED JUNE 5, 1952, YOU WERE ADVISED THAT "DURING THE VERY EARLY STAGES OF THE PROGRAM IT WAS OBVIOUS THAT THE MISSION COULD NOT BE EFFECTIVELY ACCOMPLISHED WITH THE GROUP OCCUPYING WIDELY SEPARATED QUARTERS" AND THAT THE "DECISION REQUIRING HIM (LIEUTENANT COLLAR) TO STAY IN BARSTOW" WAS MADE "AT THE VERY START OF THE PROGRAM."

PARAGRAPH 4205-5(C) OF THE JOINT TRAVEL REGULATIONS PROVIDES FOR THE PAYMENT OF PER DIEM AT THE RATE OF $5 PER DAY FOR TEMPORARY DUTY AT MILITARY INSTALLATIONS WHERE GOVERNMENT QUARTERS ARE AVAILABLE, WITH HIGHER RATES ($9 FOR THE FIRST 30 DAYS AND $7 FOR ALL ADDITIONAL DAYS) BEING PAYABLE WHERE SUCH QUARTERS ARE NOT AVAILABLE. PARAGRAPH 4205-7 OF SUCH REGULATIONS PROVIDES THAT VOUCHERS FOR PAYMENT AT THE LATTER RATES MUST BE SUPPORTED BY A CERTIFICATION FROM THE COMMANDING OFFICER AT SUCH INSTALLATION THAT QUARTERS WERE NOT AVAILABLE, OR A STATEMENT FROM "THE HEADQUARTERS ISSUING THE RELATED TRAVEL ORDERS TO THE EFFECT THAT THE UTILIZATION OF ANY AVAILABLE FACILITIES IS DEEMED TO BE IMPRACTICABLE IN THAT SUCH UTILIZATION WILL ADVERSELY AFFECT THE PERFORMANCE OF THE ASSIGNED DUTIES."

THE LANGUAGE USED IN THE ABOVE-QUOTED REGULATIONS INDICATES AN INTENTION THAT THE STATEMENT REFERRED TO THEREIN SHOULD BE ISSUED TO SERVE AS AUTHORITY FOR THE TRAVELING OFFICER'S ACTION IN FAILING TO USE AVAILABLE QUARTERS AT THE TEMPORARY DUTY STATION. NOT ONLY DOES THE LETTER OF JUNE 5, 1952, FAIL TO GIVE ANY INFORMATION AS TO THE AUTHORITY WHICH MADE THE "DECISION REQUIRING HIM TO STAY IN BARSTOW," BUT IT SEEMS CLEAR THAT IF SUCH DECISION WAS MADE BY THE AUTHORITY WHICH ISSUED HIS TRAVEL ORDERS, HE WAS NOT APPRISED OF THAT FACT SINCE HIS COMMUNICATION OF APRIL 2 INDICATES THAT THE DECISION TO STAY AT BARSTOW WAS HIS OWN. UNDER SUCH CIRCUMSTANCES THE LETTER OF APRIL 5 MAY NOT BE ACCEPTED AS ESTABLISHING A RIGHT TO THE ADDITIONAL PER DIEM CLAIMED.

ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH IS RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.