B-116569, DECEMBER 10, 1953, 33 COMP. GEN. 258

B-116569: Dec 10, 1953

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PERSONNEL - PER DIEM RATES - TRAVEL OUTSIDE UNITED STATES ARMY OFFICER STATIONED IN THE UNITED STATES WHO WAS ORDERED TO PERFORM TEMPORARY DUTY AT POINTS LOCATED IN AN OVERSEAS THEATER OF OPERATIONS WAS NOT A MEMBER OF THE THEATER COMMAND PERFORMING WHOLLY INTRA-THEATER TRAVEL WITHIN THE PURVIEW OF PARAGRAPH 4256-2 OF THE JOINT TRAVEL REGULATIONS AND THEREFORE WAS NOT SUBJECT TO THE AUTHORITY OF THE THEATER COMMANDER TO WITHHOLD TRAVEL PER DIEM OR TO PRESCRIBE PER DIEM AT A LESSER RATE THAN THAT ESTABLISHED IN APPENDIX B OF THE REGULATIONS. WHILE IT IS NOT CLEAR FROM YOUR LETTER WHAT YOUR QUESTION IS IN THE MATTER. IT WOULD APPEAR FROM OTHER PAPERS ATTACHED TO THE VOUCHER THAT YOU ARE IN DOUBT AS TO THE RATE OF TRAVEL PER DIEM PROPERLY PAYABLE IN JAPAN AND KOREA PRIOR TO NOVEMBER 1.

B-116569, DECEMBER 10, 1953, 33 COMP. GEN. 258

TRAVEL ALLOWANCE - MILITARY, NAVAL, ETC., PERSONNEL - PER DIEM RATES - TRAVEL OUTSIDE UNITED STATES ARMY OFFICER STATIONED IN THE UNITED STATES WHO WAS ORDERED TO PERFORM TEMPORARY DUTY AT POINTS LOCATED IN AN OVERSEAS THEATER OF OPERATIONS WAS NOT A MEMBER OF THE THEATER COMMAND PERFORMING WHOLLY INTRA-THEATER TRAVEL WITHIN THE PURVIEW OF PARAGRAPH 4256-2 OF THE JOINT TRAVEL REGULATIONS AND THEREFORE WAS NOT SUBJECT TO THE AUTHORITY OF THE THEATER COMMANDER TO WITHHOLD TRAVEL PER DIEM OR TO PRESCRIBE PER DIEM AT A LESSER RATE THAN THAT ESTABLISHED IN APPENDIX B OF THE REGULATIONS.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO COLONEL CARL J. MELNICK, DEPARTMENT OF THE ARMY, DECEMBER 10, 1953:

THERE HAS BEEN RECEIVED BY 4TH ENDORSEMENT DATED AUGUST 7, 1953, YOUR LETTER OF MAY 19, 1953, REQUESTING AN ADVANCE DECISION AS TO THE PROPER METHOD OF COMPUTATION ON A VOUCHER SUBMITTED THEREWITH, STATED IN FAVOR OF FIRST LIEUTENANT JON M. DEL VITTO, SIGNAL CORPS, FOR TRAVEL PER DIEM FOR THE PERIOD AUGUST 28, 1952, TO MARCH 28, 1953.

IT APPEARS THAT UNDER ORDERS DATED AUGUST 26, 1952, AS AMENDED, THE OFFICER LEFT FORT MONMOUTH, NEW JERSEY, ON AUGUST 28, 1952, ARRIVING IN TOKYO, JAPAN, ON SEPTEMBER 1, 1952; THAT HE PERFORMED TEMPORARY DUTY IN JAPAN AND KOREA UNTIL MARCH 25, 1953, AND THAT HE RETURNED TO FORT MONMOUTH ON MARCH 28, 1953. WHILE IT IS NOT CLEAR FROM YOUR LETTER WHAT YOUR QUESTION IS IN THE MATTER, IT WOULD APPEAR FROM OTHER PAPERS ATTACHED TO THE VOUCHER THAT YOU ARE IN DOUBT AS TO THE RATE OF TRAVEL PER DIEM PROPERLY PAYABLE IN JAPAN AND KOREA PRIOR TO NOVEMBER 1, 1952, THE EFFECTIVE DATE OF THE ESTABLISHMENT OF A "NO PER DIEM" TRAVEL ALLOWANCE FOR KOREA. APPARENTLY SUCH DOUBT ARISES UNDER PARAGRAPH 4256 2, CHANGE 1, JOINT TRAVEL REGULATIONS, DATED AUGUST 1, 1951, WHICH AUTHORIZED A THEATER COMMANDER TO PRESCRIBE LESSER RATES OF TRAVEL PER DIEM THAN ESTABLISHED IN APPENDIX B THEREOF OR NO TRAVEL PER DIEM FOR MEMBERS OF HIS COMMAND WHEN THE TRAVEL DIRECTED WAS TO BE PERFORMED WHOLLY WITHIN THAT THEATER, AND A SPECIFIC TRAVEL RATE WAS NOT ESTABLISHED FOR THE COUNTRY OR PLACE BY NAME IN APPENDIX B. HOWEVER, SUCH AUTHORITY DOES NOT APPEAR IN CHANGE 2 OF THE REGULATIONS, AS TO WHICH IT IS STATED ON THE COVER PAGE OF CHANGE 3, DATED SEPTEMBER 1, 1952, THAT SUCH DELETION EFFECTIVE AUGUST 1, 1952, WAS INADVERTENT, IT BEING INTENDED THAT IT SHOULD BE EFFECTIVE OCTOBER 1, 1952.

NOTHING APPEARS IN THE JOINT TRAVEL REGULATIONS AUTHORIZING THE PRESCRIBING OF PER DIEM ALLOWANCES FOR TRAVEL OUTSIDE THE UNITED STATES AT LESSER RATES THAN THOSE SET FORTH IN THE REGULATIONS, OR AUTHORIZING THE WITHHOLDING OF PER DIEM, OTHER THAN THAT APPEARING IN PARAGRAPH 4256-2. IN ANY EVENT IT SHOULD BE NOTED THAT UNDER SAID PARAGRAPH A THEATER COMMANDER WAS AUTHORIZED TO PRESCRIBE LESSER RATES OF TRAVEL PER DIEM OR NO TRAVEL PER DIEM FOR MEMBERS OF HIS COMMAND WHEN THE TRAVEL DIRECTED WAS TO BE PERFORMED WHOLLY WITHIN THAT THEATER, AND A SPECIFIC TRAVEL RATE WAS NOT ESTABLISHED FOR THE COUNTRY OR PLACE BY NAME IN APPENDIX B. SINCE CLAIMANT WAS ORDERED TO TRAVEL FROM THE UNITED STATES TO JAPAN AND KOREA FOR TEMPORARY DUTY AND RETURN TO THE UNITED STATES, SUCH PROVISIONS OF PARAGRAPH 4256-2 ARE CLEARLY NOT APPLICABLE IN THIS CASE IN ANY EVENT.

ACCORDINGLY, THE VOUCHER AND RELATED PAPERS ARE RETURNED AND YOU ARE AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER AS COMPUTED, IF OTHERWISE CORRECT.