B-118942, JAN. 24, 1958

B-118942, JAN. 24, 1958

TO COLONEL HARVEY RIVKINS, USAFR:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 12, 1957, REQUESTING INFORMATION AS TO THE STATUS OF YOUR CLAIM FOR PER DIEM FOR PERIODS OF ACTIVE DUTY DURING THE MONTHS OF FEBRUARY, MARCH, AND APRIL 1953. IN THIS CONNECTION YOU HAVE AGAIN FURNISHED AN EXTRACT COPY OF AIR FORCE RESERVE ORDERS NO. 114, DATED JUNE 10, 1953, PURPORTING TO AUTHORIZE, RETROACTIVELY, PER DIEM FOR THE PERIOD CLAIMED.

THE RECORD SHOWS THAT YOUR CLAIM WAS FORWARDED TO THIS OFFICE BY THE DEPARTMENT OF THE AIR FORCE, THEY HAVING FOUND NO BASIS FOR PAYMENT. WAS DISALLOWED BY OUR SETTLEMENT OF DECEMBER 21, 1953, AND AT YOUR REQUEST THAT SETTLEMENT WAS REVIEWED. UPON CONSIDERATION OF ALL THE FACTS AND CIRCUMSTANCES OF YOUR CLAIM, INCLUDING THE ORDERS OF JUNE 10, 1953, YOU WERE FULLY ADVISED THAT THERE IS NO LEGAL BASIS FOR ITS ALLOWANCE. UPON YOUR FURTHER INQUIRY YOU WERE AGAIN ADVISED BY DECISION DATED SEPTEMBER 15, 1954, B-118942, THAT YOUR CLAIM CANNOT BE PAID, IT BEING STATED, IN PERTINENT PART THAT:

"* * * UNDER EACH YOUR ORDERS TO TEMPORARY ACTIVE DUTY YOU WERE REQUIRED TO REPORT ONLY AT THE PLACE WHERE YOU WERE TO PERFORM SUCH DUTY. THAT WAS YOUR ONLY DESIGNATED POST OF DUTY AND SINCE YOU WERE NOT REQUIRED TO TRAVEL AWAY FROM THERE, NO PER DIEM IS PAYABLE AS FOR TRAVEL AWAY FROM THE DESIGNATED POST OF DUTY.'

SINCE YOUR PRESENT LETTER FURNISHED NO EVIDENCE OR MATERIAL INFORMATION NOT PREVIOUSLY ..END :