B-117327, OCT 22, 1954

B-117327, OCT 22, 1954

PRECIS-UNAVAILABLE

FIRST LIEUTENANT ROBERT E. ROGERS, INFANTRY HEADQUARTERS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 23, 1953, REQUESTING REVIEW OF SETTLEMENT DATED AUGUST 5, 1953, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM DURING THE PERIOD MARCH 22 TO APRIL 9, 1951, INCIDENT TO TRAVEL PERFORMED BY YOU AS A SERGEANT, UNITED STATES ARMY.

BY LETTER ORDER NO. 3-95, MARCH 6, 1951, HEADQUARTERS, MUNICH MILITARY POST, APO 407-A, UNITED STATES ARMY, YOU WERE DIRECTED TO PROCEED AND REPORT AT FRANKFURT, GERMANY, NOT LATER THAN MARCH 21, 1951, FOR MOVEMENT BY MILITARY AIRCRAFT TO WESTOVER AIR FORCE BASE, MASSACHUSETTS, ON PERMANENT CHANGE OF STATION TO FORT DIX, NEW JERSEY. THE ORDERS AUTHORIZED YOUR DEPENDENTS (WIFE AND INFANT SON) TO TRAVEL WITH YOU TO THE UNITED STATES. IT APPEARS THAT YOU LEFT FRANKFURT BY AIR AT 4 P.M., MARCH 22, 1951, BUT THAT BECAUSE OF MECHANICAL DIFFICULTIES THE PLANE DID NOT PROCEED DIRECTLY TO THE UNITED STATES BUT ARRIVED AT BURTONWOOD, ENGLAND (APO 124), AT 2 A.M., MARCH 23, 1951, WHERE, FOR COMPASSIONATE REASONS, YOU WERE RELEASED FROM THE FLIGHT BY VERBAL ORDERS OF THE COMMANDING GENERAL, THIRD AIR DIVISION, ENGLAND, AND ASSIGNED TO THE 7527TH PERSONNEL PROCESSING SQUADRON, THIRD AIR DIVISION, APO 124, U. S. AIR FORCE. SPECIAL ORDERS NO. 60, APRIL 4, 1951, OF THAT UNIT DIRECTED YOU AND YOUR DEPENDENTS TO PROCEED ON OR ABOUT APRIL 4, 1951, TO SOUTHAMPTON, ENGLAND, FOR TRANSPORTATION TO THE UNITED STATES ABOARD THE U.S.N.S. GENERAL PATCH. YOUR ITINERARY OF TRAVEL SHOWS THAT YOU PROCEEDED FROM BURTONWOOD TO SOUTHAMPTON ON APRIL 4 AND THAT YOU LEFT THE LATTER PLACE ON APRIL 9, 1951, BY GOVERNMENT VESSEL FOR THE UNITED STATES. YOU STATE THAT NEITHER GOVERNMENT QUARTERS NOR SUBSISTENCE WAS AVAILABLE DURING THE PERIOD OF YOUR CLAIM, IN SUPPORT OF WHICH YOU HAVE FURNISHED RECEIPTS SHOWING THAT YOU OCCUPIED QUARTERS AT BURTONWOOD IN THE "TRANSIT HOTEL," AND A CERTIFICATE FROM AN OFFICER, WHO SIGNED AS "PERSONNEL OFFICER," IN WHICH IT IS STATED THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE DURING THAT PERIOD.

UNDER THE ORDERS OF MARCH 6, 1951, YOU WERE REQUIRED TO TRAVEL TO THE UNITED STATES BY MILITARY AIRCRAFT AND YOU ARE ENTITLED TO PER DIEM FOR THE TRAVEL PERFORMED BY THAT MEANS OF CONVEYANCE, INCLUDING STOPS NECESSITATED BY MECHANICAL FAILURES AS AUTHORIZED UNDER SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, 37 U.S.C. 112, FOR TRAVEL BY AIR. HOWEVER, NO RIGHT TO PER DIEM - EITHER AIR TRAVEL STATUS PER DIEM OR FOREIGN TRAVEL PER DIEM - ACCRUED TO YOU FOR ANY ADDITIONAL TIME WHILE AWAITING TRANSPORTATION BY GOVERNMENT VESSEL, SINCE THE NECESSITY FOR SUCH WAIT AROSE BECAUSE OF PERSONAL CONSIDERATIONS RATHER THAN THE NECESSITIES OF THE SERVICE. PER DIEM MAY BE ALLOWED ONLY FOR ACTUAL TRAVEL BY AIR AND FOR STOPS INCIDENT TO SUCH MODE OF TRAVEL, INCLUDING NECESSARY REPAIRS TO THE AIRCRAFT INVOLVED. THIS OFFICE HAS TRIED TO OBTAIN INFORMATION FROM OFFICIAL SOURCES AS TO WHEN THE PLANE ON WHICH YOU TRAVELED WAS REPAIRED AT BURTONWOOD OR WHEN ANOTHER PLANE WAS AVAILABLE FOR YOU PERSONALLY TO CONTINUE TRAVEL IN COMPLIANCE WITH YOUR ORIGINAL ORDERS. HOWEVER, SUCH INFORMATION DOES NOT APPEAR TO BE AVAILABLE. UNDER SUCH CIRCUMSTANCES PER DIEM MAY BE ALLOWED ONLY FOR MARCH 22 AND 23.

WHILE YOU AND THE MENTIONED PERSONNEL OFFICER HAVE STATED THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE, YOUR STATEMENT THAT OCCUPANCY OF THE QUARTERS UTILIZED BY YOU AT BURTONWOOD REQUIRES A PARTIAL DEDUCTION FROM NORMAL PER DIEM ALLOWANCES, AND THE RATE CHARGED FOR SUCH QUARTERS - $18.25 FOR 14 DAYS - INDICATES THAT THE HOTEL IN WHICH THE QUARTERS WERE LOCATED WAS OPERATED BY THE GOVERNMENT. SINCE THE RATE AMOUNTED TO LITTLE MORE THAN A SERVICE CHARGE, GOVERNMENT QUARTERS MUST BE REGARDED AS BEING AVAILABLE ON MARCH 23 AND A DEDUCTION OF $3 WILL BE MADE FOR THE PER DIEM OF $14 PAYABLE FOR MARCH 22 AND 23, 1951.

ON THAT BASIS, A SETTLEMENT WILL ISSUE IN DUE COURSE ALLOWING THE SUM OF $11 ON YOUR CLAIM.