B-120543, DEC 8, 1954

B-120543: Dec 8, 1954

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IT APPEARS THAT THE OFFICER WAS ORDERED TO ACTIVE DUTY BY PARAGRAPH 3. THEY STATED THAT TRAVEL OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WERE NOT AUTHORIZED. AT WHICH TIME HE WAS RELIEVED BY PARAGRAPH 27. IT APPEARS THAT BOTH GOVERNMENT QUARTERS AND FIELD RATIONS MESS WERE AVAILABLE DURING THE PERIOD INVOLVED. PROVIDES FOR THE PAYMENT OF PER DIEM AT THE RATE OF $1 PER DAY FOR MEMBERS UNDERGOING COURSES OF INSTRUCTION AT AN INSTALLATION OF THE UNIFORMED SERVICES WHEN BOTH GOVERNMENT QUARTERS AND MESS ARE AVAILABLE. DURING THE PERIOD INVOLVED THE OFFICER DID NOT ATTEND A COURSE OF INSTRUCTION AND IT IS REPORTED BY THE COMMANDING GENERAL. WAS TO PLACE HIM ON EXTENDED ACTIVE DUTY FOR AN INDEFINITE PERIOD OF TIME AT ABERDEEN PROVING GROUND.

B-120543, DEC 8, 1954

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL W.J. WARREN, F.C., DEPARTMENT OF THE ARMY:

BY SECOND INDORSEMENT OF JUNE 23, 1954, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF MAY 28, 1954, SUBMITTING FOR ADVANCE DECISION A VOUCHER STATED IN FAVOR OF SECOND LIEUTENANT JAMES A. MONTGOMERY, ORDNANCE CORPS, FOR PER DIEM AT THE RATE OF $1 PER DAY FOR DUTY PERFORMED BY HIM AT ABERDEEN PROVING GROUND, MARYLAND, DURING THE PERIOD JANUARY 23, 1952, TO JULY 6, 1952.

IT APPEARS THAT THE OFFICER WAS ORDERED TO ACTIVE DUTY BY PARAGRAPH 3, SPECIAL ORDERS NO. 306, HEADQUARTERS, FORT RILEY, KANSAS, DATED NOVEMBER 2, 1951, WHICH DIRECTED HIM TO PROCEED ON NOVEMBER 2, 1951, TO HIS ASSIGNED STATION, STUDENT DETACHMENT, THE ORDNANCE SCHOOL, ABERDEEN PROVING GROUND, MARYLAND, FOR TEMPORARY DUTY PENDING FURTHER ORDERS. THE ORDERS DIRECTED HIM TO ATTEND A COURSE OF INSTRUCTION. WHILE SUCH ORDERS INCLUDED THE ABBREVIATION "PCS" DENOTING A PERMANENT CHANGE OF STATION, THEY STATED THAT TRAVEL OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WERE NOT AUTHORIZED.

PARAGRAPH 14, SPECIAL ORDERS NO. 17, ISSUED AT ABERDEEN PROVING GROUND ON JANUARY 23, 1952, PLACED THE OFFICER ON SPECIAL DUTY WITH 9301 TSU (ORDNANCE), HEADQUARTERS AND HEADQUARTERS COMPANY, ORTC, FOR AN INDEFINITE PERIOD EFFECTIVE JANUARY 23, 1952.

YOU STATE THAT THE OFFICER REMAINED ON SPECIAL DUTY AT ABERDEEN PROVING GROUND UNTIL JULY 6, 1952, AT WHICH TIME HE WAS RELIEVED BY PARAGRAPH 27, SPECIAL ORDERS NO. 54, DEPARTMENT OF THE ARMY, WASHINGTON 25, D.C., DATED MARCH 14, 1952, AND PARAGRAPH 12, SPECIAL ORDERS NO. 131, ORDNANCE CORPS, ABERDEEN PROVING GROUND, MARYLAND, DATED JULY 3, 1952. IT APPEARS THAT BOTH GOVERNMENT QUARTERS AND FIELD RATIONS MESS WERE AVAILABLE DURING THE PERIOD INVOLVED.

PARAGRAPH 4205-5C(4), JOINT TRAVEL REGULATIONS, PROVIDES FOR THE PAYMENT OF PER DIEM AT THE RATE OF $1 PER DAY FOR MEMBERS UNDERGOING COURSES OF INSTRUCTION AT AN INSTALLATION OF THE UNIFORMED SERVICES WHEN BOTH GOVERNMENT QUARTERS AND MESS ARE AVAILABLE. HOWEVER, DURING THE PERIOD INVOLVED THE OFFICER DID NOT ATTEND A COURSE OF INSTRUCTION AND IT IS REPORTED BY THE COMMANDING GENERAL, ABERDEEN PROVING GROUND, THAT THE SPECIAL DUTY PERFORMED BY THE OFFICER DURING THE PERIOD IN QUESTION COULD NOT BE CONSIDERED AS RELATED TO A PARTICULAR COURSE OF INSTRUCTION. THE EFFECT OF THE ORDERS OF JANUARY 23, 1952, WAS TO PLACE HIM ON EXTENDED ACTIVE DUTY FOR AN INDEFINITE PERIOD OF TIME AT ABERDEEN PROVING GROUND, THUS CONSTITUTING THAT PLACE HIS DESIGNATED POST OF DUTY.

INSOFAR AS HERE PERTINENT, SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AUTHORIZES THE PAYMENT OF TRAVEL ALLOWANCES TO MILITARY PERSONNEL ONLY WHEN THEY ARE AWAY FROM THEIR DESIGNATED POSTS OF DUTY, AND SINCE, AS INDICATED ABOVE, ABERDEEN PROVING GROUND MUST BE REGARDED AS THE OFFICER'S DESIGNATED POST OF DUTY DURING THE PERIOD HERE INVOLVED, PAYMENT ON THE VOUCHER IS NOT AUTHORIZED. SEE, GENERALLY, 33 COMP. GEN. 14. COMPARE 33 COMP. GEN. 16. THE VOUCHER WILL BE RETAINED IN THIS OFFICE.