B-119866, JUN 14, 1954

B-119866: Jun 14, 1954

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UPON COMPL OF TDY YOU WILL RTN TO PROPER STA.". THE AFORESAID ORDER SPECIFICALLY STATED THAT THE ASSIGNMENT AT GRAFENWOHR WAS FOR TEMPORARY DUTY FOR A PERIOD OF 49 DAYS. IT IS APPARENT THAT THE MOVE WAS MERELY TEMPORARY SINCE THE DIVISION RETURNED TO FRANKFURT UPON COMPLETION OF MANEUVERS AFTER A PERIOD OF SEVEN WEEKS. YOU EXPRESS DOUBT AS TO WHETHER PER DIEM IS PAYABLE TO CIVILIAN PERSONNEL FOR THE PERIOD IN QUESTION FOR THE REASONS INDICATED IN PARAGRAPH 3 OF YOUR LETTER. THE MOVE WAS A PERMANENT CHANGE OF STATION FOR ALL MEMBERS OF THE DIVISION. ADEQUATE GOVERNMENT QUARTERS WERE AVAILABLE AND FURNISHED TO THE CIVILIAN PERSONNEL. THE QUARTERS AVAILABLE WERE THE SAME AS THOSE FURNISHED THE OFFICER PERSONNEL OF THE DIVISION.

B-119866, JUN 14, 1954

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL A.A. GLICK, DEPARTMENT OF THE ARMY:

BY FIRST INDORSEMENT DATED APRIL 26, 1954, THE CHIEF OF FINANCE, FILE FINEK 248.7 GREENE, AVONELL M. (27 MAR 54), FORWARDED HERE FOR CONSIDERATION YOUR REQUEST, WITH ENCLOSURES, FOR A DECISION AS TO WHETHER UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED MISS GREENE MAY BE PAID $145.50 FOR PER DIEM, AS CLAIMED ON THE SUBMITTED VOUCHER, COVERING THE PERIOD FROM 9 A.M., APRIL 26 THROUGH 3 P.M., JUNE 13, 1953, WHILE A CIVILIAN EMPLOYEE ASSIGNED TO DUTY IN GERMANY WITH THE 4TH INFANTRY DIVISION.

PARAGRAPH 1 OF LETTER ORDER 489, DATED APRIL 17, 1953, ADDRESSED TO MISS GREENE AND OTHER CIVILIAN EMPLOYEES ATTACHED TO HEADQUARTERS, 4TH INFANTRY DIVISION, READS AS FOLLOWS:

"YOU WP O/A 26 APR 53 FOR A PD OF FORTY-NINE (49) DAYS ON TDY FR PRES STA TO GRAFENWOHR, GERMANY FOR DUTY WITH SJA SECTION. UPON COMPL OF TDY YOU WILL RTN TO PROPER STA." ALTHOUGH THE ABOVE-MENTIONED TRAVEL ORDER AS ORIGINALLY RELEASED MADE NO PROVISION FOR THE PAYMENT OF PER DIEM, IT PROVIDED FOR TRAVEL TO GRAFENWOHR BY RAIL AT GOVERNMENT EXPENSE OR BY PRIVATELY OWNED AUTOMOBILE AT THE EXPENSE OF THE EMPLOYEE. ALSO, THE AFORESAID ORDER SPECIFICALLY STATED THAT THE ASSIGNMENT AT GRAFENWOHR WAS FOR TEMPORARY DUTY FOR A PERIOD OF 49 DAYS. WHILE THE FILE CONTAINS A COPY OF GENERAL ORDERS NUMBER 10, DATED APRIL 24, 1953, STATING THAT THE HEADQUARTERS 4TH INFANTRY DIVISION WOULD CLOSE AT DRAKE KASERNE, FRANKFURT, GERMANY, AT 0600, 24 APRIL 1953, AND OPEN AT THE TRAINING CENTER, GRAFENWOHR, GERMANY, 0601, 24 APRIL 1953, NEVERTHELESS, IT IS APPARENT THAT THE MOVE WAS MERELY TEMPORARY SINCE THE DIVISION RETURNED TO FRANKFURT UPON COMPLETION OF MANEUVERS AFTER A PERIOD OF SEVEN WEEKS.

YOU EXPRESS DOUBT AS TO WHETHER PER DIEM IS PAYABLE TO CIVILIAN PERSONNEL FOR THE PERIOD IN QUESTION FOR THE REASONS INDICATED IN PARAGRAPH 3 OF YOUR LETTER, NAMELY:

A. THE MOVE WAS A PERMANENT CHANGE OF STATION FOR ALL MEMBERS OF THE DIVISION;

B. ADEQUATE GOVERNMENT QUARTERS WERE AVAILABLE AND FURNISHED TO THE CIVILIAN PERSONNEL. THE QUARTERS AVAILABLE WERE THE SAME AS THOSE FURNISHED THE OFFICER PERSONNEL OF THE DIVISION;

C. IT WAS NOT THE INTENTION OF THE DIVISION TO PAY PER DIEM TO CIVILIAN PERSONNEL WHILE ASSIGNED TO DUTY AT GRAFENWOHR.

WHILE THE REASONS SET FORTH IN YOUR LETTER COINCIDE WITH THOSE EXPRESSED IN SECOND INDORSEMENT ADDRESSED TO THE COMMANDING GENERAL, NORTHERN AREA COMMAND, DATED AUGUST 11, 1953, SIGNED BY CAPTAIN THOMAS J. GRIFFIN, FOR THE COMMANDING GENERAL, HEADQUARTERS, 4TH INFANTRY DIVISION, IT IS ESPECIALLY NOTED THAT SOME TIME LATER CAPTAIN GRIFFIN, IN HIS OFFICIAL CAPACITY, ISSUED LETTER ORDERS 1230 AND 1271, DATED NOVEMBER 24 AND DECEMBER 10, 1953, RESPECTIVELY, WHICH AMENDED LETTER ORDER NO. 489, TO SHOW THAT THE ORIGINAL ORDERS WERE IN ERROR IN THAT THE PAYMENT OF PER DIEM ORIGINALLY WAS INTENDED; THAT GOVERNMENT QUARTERS WERE AVAILABLE FOR CIVILIAN PERSONNEL AT GRAFENWOHR, AND TO AUTHORIZE A PER DIEM ALLOWANCE AT THE RATE OF $3 PER DAY. MOREOVER, THE AMENDED ORDERS ARE NOT IN CONTRAVENTION OF FIRST INDORSEMENT DATED JULY 29, 1953, ISSUED FOR THE COMMANDING OFFICER, HEADQUARTERS NORTHERN AREA COMMAND, WHICH STATES THAT THERE IS NO AUTHORITY TO DIRECT A DEPARTMENT OF ARMY CIVILIAN EMPLOYEE TO PROCEED FROM HIS REGULAR DUTY POST UNDER TEMPORARY DUTY ORDERS ON OFFICIAL BUSINESS WITHOUT AUTHORIZING APPROPRIATE PER DIEM, AND THAT AN APPROPRIATE PER DIEM OF $3 EACH DAY HAD BEEN ESTABLISHED BY USAREUR WEEKLY DIRECTIVE NO. 24, 1952, WHERE GOVERNMENT QUARTERS WERE AVAILABLE, SUCH AS IN THE INSTANT CASE.

IN VIEW OF THE FOREGOING, AND SINCE THE AMENDED ORDERS PRESCRIBING A PER DIEM ALLOWANCE, ALTHOUGH ISSUED AFTER THE TRAVEL WAS PERFORMED, WERE IN ACCORD WITH THE USAREUR WEEKLY DIRECTIVE ISSUED PRIOR TO SUCH TRAVEL, THE VOUCHER MAY BE PROCESSED FOR PAYMENT, IF OTHERWISE CORRECT.

THE VOUCHER AND RELATED PAPERS ARE RETURNED HEREWITH.