B-119155, JUN. 3, 1955

B-119155: Jun 3, 1955

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USNR: FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 17. YOU WERE ORDERED TO PROCEED. - FOLLOWING PHYSICAL EXAMINATION SHOWING THAT YOU WERE PHYSICALLY QUALIFIED FOR ACTIVE DUTY. UPON COMPLETION OF WHICH YOU WERE TO PROCEED TO SAN FRANCISCO. IT IS SHOWN THAT GOVERNMENT QUARTERS WERE AVAILABLE AT THE NAVAL AIR STATION. IT IS CONCLUDED THAT YOU ARE ENTITLED TO PER DIEM AT THE RATE OF $5 PER DAY FOR THE PERIOD OF TEMPORARY DUTY PERFORMED AT THE NAVAL AIR STATION. ONLY THREE-FOURTHS OF THE PER DIEM RATE IS PAYABLE FOR EACH MONDAY SINCE THE TIMES OF DEPARTURE FROM YOUR HOME ARE NOT SHOWN AND IT APPEARS THAT YOU COULD HAVE LEFT LA CANADA AFTER 6 A.M. A SETTLEMENT ALLOWING THE AMOUNT FOUND DUE IN ACCORDANCE WITH THE FOREGOING WILL ISSUE IN DUE COURSE.

B-119155, JUN. 3, 1955

TO LIEUTENANT IRVING E. SCHULTZ, USNR:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 17, 1953, REQUESTING REVIEW OF SETTLEMENT DATED OCTOBER 27, 1953, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM DURING THE PERIOD JANUARY 8 TO FEBRUARY 16, 1953.

BY ACTIVE DUTY ORDERS OF SEPTEMBER 26, 1952, ADDRESSED TO YOU AT YOUR HOME, LA CANADA, CALIFORNIA, YOU WERE ORDERED TO PROCEED--- FOLLOWING PHYSICAL EXAMINATION SHOWING THAT YOU WERE PHYSICALLY QUALIFIED FOR ACTIVE DUTY--- AND REPORT TO THE COMMANDING OFFICER, NAVAL AIR STATION, LOS ALAMITOS, LONG BEACH, CALIFORNIA, ON OR BEFORE JANUARY 7, 1953, FOR TEMPORARY ACTIVE DUTY IN A FLYING STATUS INVOLVING OPERATIONAL OR TRAINING FLIGHTS FOR A PERIOD OF ABOUT 30 DAYS, UPON COMPLETION OF WHICH YOU WERE TO PROCEED TO SAN FRANCISCO, CALIFORNIA, AND REPORT FOR TRANSPORTATION TO A STATION OVERSEAS. YOU STATE THAT DUE TO OPERATIONAL FLIGHTS REQUIRING OVERNIGHT STOPS, DEPARTURES AND ARRIVALS AT ODD HOURS, AND BECAUSE OF YOUR TEMPORARY ADDITIONAL DUTY STATUS, YOU LIVED AT THE BASE EXCEPT FOR PERIODS YOU RETURNED TO YOUR HOME OVER WEEKENDS. IT IS SHOWN THAT GOVERNMENT QUARTERS WERE AVAILABLE AT THE NAVAL AIR STATION.

IN SUCH CIRCUMSTANCES, AND IN VIEW OF THE DISTANCE FROM YOUR HOME TO THE NAVAL AIR BASE (SHOWN TO BE IN EXCESS OF 35 MILES) AND THE TIME REQUIRED FOR TRAVEL BETWEEN THOSE TWO PLACES (VARIOUSLY STATED BY YOU AS BEING 1, 1 1/2, AND 2 HOURS), IT IS CONCLUDED THAT YOU ARE ENTITLED TO PER DIEM AT THE RATE OF $5 PER DAY FOR THE PERIOD OF TEMPORARY DUTY PERFORMED AT THE NAVAL AIR STATION. NO RIGHT TO PER DIEM, HOWEVER, ACCRUED TO YOU FOR SATURDAYS AND SUNDAYS WHICH YOU SPENT AT YOUR HOME, AND ONLY THREE-FOURTHS OF THE PER DIEM RATE IS PAYABLE FOR EACH MONDAY SINCE THE TIMES OF DEPARTURE FROM YOUR HOME ARE NOT SHOWN AND IT APPEARS THAT YOU COULD HAVE LEFT LA CANADA AFTER 6 A.M. AND REPORTED AT THE NAVAL AIR STATION ON OR BEFORE 8 A.M. SEE PARAGRAPH 4205, JOINT TRAVEL REGULATIONS.

A SETTLEMENT ALLOWING THE AMOUNT FOUND DUE IN ACCORDANCE WITH THE FOREGOING WILL ISSUE IN DUE COURSE. YOUR ORIGINAL ORDERS, WITH ATTACHED DOCUMENTS, ARE RETURNED HEREWITH.