B-119416, JUN 4, 1954

B-119416: Jun 4, 1954

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REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED. THE MEMBER WAS RELEASED FROM ASSIGNMENT AND DUTY OVERSEAS AND ASSIGNED TO 1600TH AERIAL PORT SQUADRON. HE WAS RELEASED FROM ACTIVE DUTY EFFECTIVE JUNE 14. IT IS SHOWN THAT HE AND HIS DEPENDENTS ARRIVED AT WESTOVER AIR FORCE BASE. THAT DURING THE DELAY IN PROCESSING HIS RELEASE FROM ACTIVE DUTY HE WAS BILLETED IN TRANSIENT QUARTERS FROM MAY 27 THROUGH JUNE 6. HIS CLAIM IS FOR PER DIEM FOR THAT PERIOD (11 DAYS) AT $5 PER DAY. CONSTITUTE THE AUTHORITY FOR ACCOMPLISHING THE RELEASE FROM ACTIVE DUTY OF COMMISSIONED AIR FORCE RESERVE OFFICERS WHO HAVE COMPLETED SPECIFIED TOURS OF ACTIVE MILITARY SERVICE. SINCE THE OFFICER WAS RETURNED TO THE UNITED STATES FOR RELEASE FROM ACTIVE DUTY UNDER THAT REGULATION AND SINCE IT APPEARS THAT NO DUTY OTHER THAN THAT REQUIRED TO EFFECT HIS RELEASE WAS CONTEMPLATED OR PERFORMED AT WESTOVER AIR FORCE BASE.

B-119416, JUN 4, 1954

PRECIS-UNAVAILABLE

COLONEL CLYDE W. O'HERN, USAF:

THERE HAS BEEN RECEIVED FROM THE DIRECTOR OF FINANCE BY LETTER DATED MARCH 22, 1954, YOUR LETTER OF OCTOBER 26, 1953, TRANSMITTING A VOUCHER IN FAVOR OF FIRST LIEUTENANT JAMES C. DAWSON, AO 1 903 381, IN THE SUM OF $55 FOR PER DIEM FOR THE PERIOD MAY 27 TO JUNE 6, 1952, AND REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED.

BY PARAGRAPH 26, SPECIAL ORDERS NO. 107, DATED MAY 12, 1952, HEADQUARTERS, BERMUDA BASE COMMAND, THE MEMBER WAS RELEASED FROM ASSIGNMENT AND DUTY OVERSEAS AND ASSIGNED TO 1600TH AERIAL PORT SQUADRON, MATS, WESTOVER AIR FORCE BASE, MASSACHUSETTS, FOR RELEASE FROM ACTIVE DUTY UNDER THE PROVISIONS OF AIR FORCE REGULATIONS 36-51. BY PARAGRAPH 2, SPECIAL ORDERS NO. 133, DATED JUNE 6, 1952, HE WAS RELEASED FROM ACTIVE DUTY EFFECTIVE JUNE 14, 1952, IT BEING STATED THAT HE WOULD PROCEED TO HIS HOME ON OR ABOUT JUNE 7, 1952. IT IS SHOWN THAT HE AND HIS DEPENDENTS ARRIVED AT WESTOVER AIR FORCE BASE, MASSACHUSETTS, ON MAY 26, 1952, AND THAT DURING THE DELAY IN PROCESSING HIS RELEASE FROM ACTIVE DUTY HE WAS BILLETED IN TRANSIENT QUARTERS FROM MAY 27 THROUGH JUNE 6, 1952. HIS CLAIM IS FOR PER DIEM FOR THAT PERIOD (11 DAYS) AT $5 PER DAY. IT APPEARS FROM THE LETTER OF MARCH 22, 1954, THAT QUESTION AS TO THE PROPRIETY OF PAYMENT ARISES FROM THE FACT THAT THE ORDERS OF MAY 12, 1952, CONTAIN THE ABBREVIATION "PCS" INDICATING A PERMANENT CHANGE OF STATION TO WESTOVER AIR FORCE BASE.

AIR FORCE REGULATIONS 36-51, CONSTITUTE THE AUTHORITY FOR ACCOMPLISHING THE RELEASE FROM ACTIVE DUTY OF COMMISSIONED AIR FORCE RESERVE OFFICERS WHO HAVE COMPLETED SPECIFIED TOURS OF ACTIVE MILITARY SERVICE. SINCE THE OFFICER WAS RETURNED TO THE UNITED STATES FOR RELEASE FROM ACTIVE DUTY UNDER THAT REGULATION AND SINCE IT APPEARS THAT NO DUTY OTHER THAN THAT REQUIRED TO EFFECT HIS RELEASE WAS CONTEMPLATED OR PERFORMED AT WESTOVER AIR FORCE BASE, IT SEEMS CLEAR THAT HIS ASSIGNMENT THERE WAS TEMPORARY. SEE B-116570, DATED AUGUST 28, 1953. HENCE, THE OFFICER IS ENTITLED TO PER DIEM FOR THE PERIOD OF TEMPORARY DUTY AT WESTOVER AIR FORCE BASE AS PROVIDED IN PARAGRAPHS 4200 AND 4205-6B(2), JOINT TRAVEL REGULATIONS.

THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT THEREON BEING AUTHORIZED IF OTHERWISE CORRECT.