B-117313, MAY 20, 1955

B-117313: May 20, 1955

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BIDER: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 20. WERE DIRECTED TO PROCEED FROM YOUR STATION (APPARENTLY LOCATED AT CAMP BUSSAC. UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR HOME STATION. SUCH ORDERS WERE AMENDED UNDER DATE OF JANUARY 25. TO INCLUDE A STATEMENT THAT PER DIEM WAS AUTHORIZED. FURTHER AMENDMENT WAS MADE ON MARCH 25. TO DELETE THE REFERENCE TO TEMPORARY DUTY AND STATE "THIS IS A PERMANENT CHANGE OF STATION.". YOU STATE THAT GOVERNMENT QUARTERS AND MESSING FACILITIES WERE NOT AVAILABLE DURING THE PERIOD OF YOUR CLAIM. WHILE THE ORDERS OF MARCH 25 WERE WITHOUT EFFECT TO DIVEST RIGHTS WHICH ACCRUED PRIOR TO THAT DATE UNDER THE ORIGINAL ORDERS OF DECEMBER 1. IT APPEARS THAT YOU WERE IN A TRAVEL STATUS UNDER THE FOREGOING ORDERS AND PERFORMED TEMPORARY DUTY AT COSNO AND POITIERS DURING THE PERIOD JULY 24.

B-117313, MAY 20, 1955

PRECIS-UNAVAILABLE

MR. JACOB P. BIDER:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 20, 1953, RELATIVE TO SETTLEMENT OF JUNE 29, 1953, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL PER DIEM ALLOWANCE FOR THE PERIOD JULY 24, 1951, TO JUNE 10, 1952, LESS STATION AND TRAVEL PER DIEM ALLOWANCES PAID TO YOU DURING THAT TIME.

BY ORDERS OF JULY 20, 1951, HEADQUARTERS, BASE SECTION, EUCOM COMMUNICATIONS ZONE, APO 21, U. S. ARMY, AS AMENDED BY ORDERS OF OCTOBER 8 AND NOVEMEBER 6, 1951, YOU AND THE OTHER MEMBERS OF COMPANY "A," 83RD ENGINEER CONSTRUCTION BATTALLION, WERE DIRECTED TO PROCEED FROM YOUR STATION (APPARENTLY LOCATED AT CAMP BUSSAC, FRANCE) ON JULY 24, 1951, TO COSNO, FRANCE, ON TEMPORARY DUTY FOR A PERIOD OF APPROXIMATELY 150 DAYS. ORDERS OF DECEMBER 1, 1951, SAME HEADQUARTERS, DIRECTED FURTHER TRAVEL AND TEMPORARY DUTY FOR A PERIOD OF APPROXIMATELY 90 DAYS AT POITIERS, FRANCE, UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR HOME STATION. SUCH ORDERS WERE AMENDED UNDER DATE OF JANUARY 25, 1952, TO INCLUDE A STATEMENT THAT PER DIEM WAS AUTHORIZED. FURTHER AMENDMENT WAS MADE ON MARCH 25, 1952, TO DELETE THE REFERENCE TO TEMPORARY DUTY AND STATE "THIS IS A PERMANENT CHANGE OF STATION." YOU STATE THAT GOVERNMENT QUARTERS AND MESSING FACILITIES WERE NOT AVAILABLE DURING THE PERIOD OF YOUR CLAIM.

WHILE THE ORDERS OF MARCH 25 WERE WITHOUT EFFECT TO DIVEST RIGHTS WHICH ACCRUED PRIOR TO THAT DATE UNDER THE ORIGINAL ORDERS OF DECEMBER 1, THEY MUST BE REGARDED AS CHANGING YOUR PERMAMENT STATION FROM CAMP BUSSAC TO POITIERS AS OF MARCH 25, 1952. HENCE, IT APPEARS THAT YOU WERE IN A TRAVEL STATUS UNDER THE FOREGOING ORDERS AND PERFORMED TEMPORARY DUTY AT COSNO AND POITIERS DURING THE PERIOD JULY 24, 1951, TO MARCH 24, 1952, EXCEPT FOR THE FOLLOWING PERIODS WHEN, IT IS SHOWN, YOU PERFORMED TEMPORARY DUTY AWAY FROM THOSE PLACES: SEPTEMBER 16 TO 19, 1951; NOVEMBER 2 TO 4, NOVEMBER 25 TO 28, DECEMBER 27 TO 28, 1951; JANUARY 4 TO 8, 1952, JANUARY 16 TO 19, JANUARY 28 TO 29, JANUARY 31 TO FEBRUARY 1, FEBRUARY 21 TO 24, MARCH 13 TO 14, MARCH 17 TO 20 AND MARCH 23 TO 24, 1952. WHILE COPIES OF ALL THE VOUCHERS INVOLVED HAVE NOT BEEN FURNISHED BY THE DEPARTMENT OF THE ARMY, IT APPEARS THAT PER DIEM AT THE TRAVEL RATE WAS PAID FOR EACH OF THE TRIPS AWAY FROM COSNO AND POITIERS EXCEPT THE TWO FROM JANUARY 28 TO 29 AND FEBRUARY 21 TO 24, 1952, THE ORDERS IN THE LATTER TWO CASES STATING THAT NO PER DIEM ALLOWANCE WAS AUTHORIZED WHILE ON TEMPORARY DUTY. THE RECORD SHOWS THAT YOU WERE PAID STATION PER DIEM ALLOWANCE AT THE RATE OF $4.75 PER DAY FOR THE PERIOD JULY 24, 1951, TO FEBRUARY 29, 1952 - REDUCED TO $1 PER DAY (STATION QUARTERS PER DIEM) DURING THE THREE TRIPS AWAY FROM COSNO - AND AT THE RATE OF $3.75 PER DAY FROM MARCH 1 TO 24, 1952.

PARAGRAPH 4301-3, JOINT TRAVEL REGULATIONS, DEFINES A MEMBER WITHOUT DEPENIENTS AS A MEMBER WHOSE DEPENDENTS DO NOT RESIDE WITH HIM IN THE VICINITY OF HIS DUTY STATION LOCATED OUTSIDE THE UNITED STATES. APPARENTLY THE DUTY STATION CONTEMPLATED WAS HIS PERMANENT STATION. SEE PARAGRAPH 4305 OF THOSE REGULATIONS. YOU STATE THAT YOUR DEPENDENT WIFE WAS FURNISHED TRANSPORTATION FROM THE UNITED STATES TO COSNO IN NOVEMBER 1951 AND IT IS ASSUMED THAT SHE LIVED WITH YOU AFTER HER ARRIVAL AT THE LATTER PLACE. SINCE YOU DID NOT RETURN TO CAMP BUSSAC, IT APPEARS THAT SHE DID NOT LIVE WITH YOU AT OR IN THE VICINITY OF YOUR "DUTY STATION," WITHIN THE MEANING OF THE REGULATIONS, UNTIL POITIERS BECAME YOUR NEW STATION ON MARCH 25, 1952.

IN THE CIRCUMSTANCES SHOWN, YOU ARE ENTITLED TO PER DIEM AT THE TRAVEL RATE OF $9 PER DAY FOR EACH OF THE FULL DAYS OF TEMPORARY DUTY PERFORMED AT COSNO AND POITIERS PRIOR TO MARCH 25, 1952. HOWEVER, SINCE PARAGRAPH 4305-2, JOINT TRAVEL REGULATIONS, PERMITS PAYMENT OF STATION QUARTERS PER DIEM, BUT NOT STATION SUBSISTANCE PER DIEM, DURING PERIODS OF ABSENCE FROM A PERMANENT STATION WHEN A MEMBER IS PAID A TRAVEL PER DIEM ALLOWANCE, $3.75 (STATION SUBSISTENCE PER DIEM) MUST BE DEDUCTED FOR THE PERIODS JULY 24 TO SEPTEMBER 15, SEPTEMBER 20 TO NOVEMBER 1, NOVEMBER 5 TO NOVEMBER 24, AND NOVEMBER 29, 1951, TO FEBRUARY 29, 1952, AND $2.35 PER DAY ($3.75- $1.40, THE LATTER BEING THE STATION QUARTERS RATE APPLICABLE TO A MEMBER WITHOUT DEPENDENTS, SEE INSTRUCTION MEMORANDUM 2-5, JOINT TRAVEL REGULATIONS, RATE EFFECTIVE MARCH 1, 1952) FOR THE PERIOD MARCH 1 TO 24, 1952.

A SETTLEMENT ALLOWING THE AMOUNT FOUND DUE IN ACCORDANCE WITH THE FOREGOING WILL ISSUE IN DUE COURSE.