B-118894, APR 19, 1954

B-118894: Apr 19, 1954

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BRONSON AND MARTIN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 22. YOU WERE RELEASED FROM DUTY AT THAT STATION AND WERE ASSIGNED TO CIVIL AFFAIR TRAINING SCHOOL. YOU STATE THAT NO GOVERNMENT MESSING FACILITIES OR QUARTERS WERE AVAILABLE AT THE LATTER PLACE AND THAT YOU HAD TO PROVIDE YOUR OWN LODGING AND MEALS. WHILE THE LENGTH OF THE COURSE OF INSTRUCTION AND THE CONDITIONS EXISTING AT THE SCHOOL YOU ATTENDED MAY HAVE BEEN APPROPRIATE FOR THE PRESCRIBING OR PER DIEM. SINCE SUCH ACTION WAS NOT TAKEN IN YOUR CASE. THIS OFFICE IS WITHOUT AUTHORITY TO ALLOW YOUR CLAIM. YOU ARE ADVISED THAT SUCH DECISIONS WERE RENDERED UNDER THE JOINT TRAVEL REGULATIONS WHICH WERE PROMULGATED UNDER AUTHORITY CONTAINED IN SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949.

B-118894, APR 19, 1954

PRECIS-UNAVAILABLE

MR. WINFRED L. MARTIN, TUCKER, BRONSON AND MARTIN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 22, 1953, REQUESTING REVIEW OF SETTLEMENT DATED SEPTEMBER 3, 1953, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM DURING THE PERIOD OCTOBER 23 TO DECEMBER 29, 1943, IN CONNECTION WITH DUTY PERFORMED BY YOU AS A CAPTAIN, ARMY OF THE UNITED STATES. ALSO, THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 27, 1954, CONCERNING YOUR CLAIM.

BY PARAGRAPH 5, SPECIAL ORDERS NO. 232, HEADQUARTERS, THE PROVOST MARSHAL GENERAL'S SCHOOL, FORT CUSTER, MICHIGAN, DATED OCTOBER 15, 1943, YOU WERE RELEASED FROM DUTY AT THAT STATION AND WERE ASSIGNED TO CIVIL AFFAIR TRAINING SCHOOL, WESTERN RESERVE UNIVERSITY, CLEVELAND, OHIO, WITH DIRECTION TO REPORT THERE "FOR DY" NOT LATER THAN OCTOBER 25, 1943. YOU STATE THAT NO GOVERNMENT MESSING FACILITIES OR QUARTERS WERE AVAILABLE AT THE LATTER PLACE AND THAT YOU HAD TO PROVIDE YOUR OWN LODGING AND MEALS.

UNDER THE PROVISIONS OF LAW IN EFFECT AT THAT TIME (SEE SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, AND A PROVISION CONTAINED IN THE MILITARY APPROPRIATION ACT, 1944, 57 STAT. 351, WHICH PERMITTED THE SECRETARY OF WAR TO PRESCRIBE PER DIEM RATES OF ALLOWANCE FOR OFFICERS TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY), A RIGHT TO PER DIEM COULD NOT ACCRUE TO AN OFFICER IN THE ABSENCE OF AFFIRMATIVE ADMINISTRATIVE ACTION AUTHORIZING PAYMENT. WHILE THE LENGTH OF THE COURSE OF INSTRUCTION AND THE CONDITIONS EXISTING AT THE SCHOOL YOU ATTENDED MAY HAVE BEEN APPROPRIATE FOR THE PRESCRIBING OR PER DIEM, SINCE SUCH ACTION WAS NOT TAKEN IN YOUR CASE, THIS OFFICE IS WITHOUT AUTHORITY TO ALLOW YOUR CLAIM.

CONCERNING THE RECENT DECISIONS OF THIS OFFICE TO WHICH YOU REFER, YOU ARE ADVISED THAT SUCH DECISIONS WERE RENDERED UNDER THE JOINT TRAVEL REGULATIONS WHICH WERE PROMULGATED UNDER AUTHORITY CONTAINED IN SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 213. WHILE PER DIEM IS PRESCRIBED IN SUCH REGULATIONS FOR TEMPORARY DUTY, INCLUDING TEMPORARY DUTY AT COURSES OF INSTRUCTION, AND THE PER DIEM DOES NOT HAVE TO BE SPECIFIED IN THE ORDERS, SIMILAR REGULATIONS WERE NOT IN EFFECT DURING THE PERIOD OF YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 3, 1953, IS SUSTAINED.