B-120862, AUG 17, 1954

B-120862: Aug 17, 1954

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THE OFFICER WAS DIRECTED TO PROCEED ON A PERMANENT CHANGE OF STATION FROM FORT LAWTON. WHILE HE WAS STILL AT GARY AIR FORCE BASE. SUCH ORDERS WERE AMENDED BY DEPARTMENT OF THE ARMY ORDERS OF APRIL 2. SUCH ORDERS AGAIN WERE AMENDED BY DEPARTMENT OF THE ARMY ORDERS DATED MAY 17. THAT TRAVEL ALLOWANCES WERE PAID FOR TRAVEL FROM GARY AIR FORCE BASE TO FORT SILL ON APRIL 23 AND 24. PER DIEM IS CLAIMED FOR APRIL 22 AND FROM APRIL 25 TO MAY 24. SINCE PER DIEM IS PAYABLE TO MEMBERS OF THE UNIFORMED SERVICES UNDER APPLICABLE PROVISIONS OF LAW AND REGULATIONS ONLY FOR TRAVEL "AWAY FROM THEIR DESIGNATED POSTS OF DUTY. NOT SUBJECT TO AMENDMENT IN THE ABSENCE OF EVIDENCE ESTABLISHING THAT THEY WERE ERRONEOUS.

B-120862, AUG 17, 1954

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL NORRIS SHEALEY, FO, DEPARTMENT OF THE ARMY:

BY THIRD INDORSEMENT OF JULY 28, 1954, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF JUNE 15, 1954, SUBMITTING FOR ADVANCE DECISION A VOUCHER COVERING PAYMENT OF MILEAGE AND PER DIEM TO MAJOR ROBERT M. BARENDSE, INFANTRY, FOR TRAVEL AND DUTY PERFORMED DURING THE PERIOD APRIL 22 TO MAY 28, 1954.

BY DEPARTMENT OF THE ARMY ORDERS OF FEBRUARY 15, 1954, THE OFFICER WAS DIRECTED TO PROCEED ON A PERMANENT CHANGE OF STATION FROM FORT LAWTON, WASHINGTON, TO CAMP CARSON, COLORADO, WITH TEMPORARY DUTY EN ROUTE AT GARY AIR FORCE BASE, SAN MARCOS, TEXAS, FOR THE PURPOSE OF ATTENDING A COURSE OF INSTRUCTION FOR APPROXIMATELY FIVE WEEKS, AND FURTHER TEMPORARY DUTY AT THE ARMY AVIATION SCHOOL, FORT SILL, OKLAHOMA, TO ATTEND A CLASS FOR APPROXIMATELY FOUR WEEKS. WHILE HE WAS STILL AT GARY AIR FORCE BASE, SUCH ORDERS WERE AMENDED BY DEPARTMENT OF THE ARMY ORDERS OF APRIL 2, 1954, TO CHANGE HIS PERMANENT STATION ASSIGNMENT TO 4050TH ASU, HEADQUARTERS AND HEADQUARTERS COMPANY, ARMY AVIATION SCHOOL, FORT SILL, OKLAHOMA. AFTER HIS ARRIVAL AT FORT SILL, SUCH ORDERS AGAIN WERE AMENDED BY DEPARTMENT OF THE ARMY ORDERS DATED MAY 17, 1954, TO CHANGE THE PERMANENT STATION ASSIGNMENT TO "506TH TRANS (HOPTR) CO," FORT BENNING, GEORGIA. IT APPEARS THAT PER DIEM HAS BEEN PAID UP TO AND INCLUDING APRIL 21, 1954, AND THAT TRAVEL ALLOWANCES WERE PAID FOR TRAVEL FROM GARY AIR FORCE BASE TO FORT SILL ON APRIL 23 AND 24, 1954. PER DIEM IS CLAIMED FOR APRIL 22 AND FROM APRIL 25 TO MAY 24, 1954, PLUS MILEAGE FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE FROM FORT SILL TO FORT BENNING DURING THE PERIOD MAY 25 TO 28, 1954.

THE AMENDATORY ORDERS OF APRIL 2 DESIGNATED FORT SILL AS THE OFFICER'S NEW PERMANENT STATION AND WHEN HE ARRIVED AT THAT PLACE HE REPORTED FOR DUTY AT HIS DESIGNATED POST OF DUTY. SINCE PER DIEM IS PAYABLE TO MEMBERS OF THE UNIFORMED SERVICES UNDER APPLICABLE PROVISIONS OF LAW AND REGULATIONS ONLY FOR TRAVEL "AWAY FROM THEIR DESIGNATED POSTS OF DUTY," NO RIGHT TO PER DIEM ACCRUED TO THE OFFICER FOR DUTY PERFORMED AT FORT SILL. WHILE THE ORDERS OF FEBRUARY 15, AS AMENDED BY THE ORDERS OF APRIL 2 MUST BE REGARDED AS BEING FULLY EXECUTED WHEN HE REPORTED FOR DUTY AT FORT SILL AND HENCE, NOT SUBJECT TO AMENDMENT IN THE ABSENCE OF EVIDENCE ESTABLISHING THAT THEY WERE ERRONEOUS, WITHIN THE RULE STATED IN 24 COMP. GEN. 439, THE EFFECT OF THE AMENDATORY ORDERS OF MAY 17 NONTHELESS WAS TO DIRECT TRAVEL ON A PERMANENT CHANGE OF STATION BASIS FROM FORT SILL TO FORT BENNING AND THE OFFICER IS ENTITLED TO MILEAGE FOR SUCH TRAVEL. ALSO, PER DIEM IS PAYABLE FOR TEMPORARY DUTY PERFORMED AT GARY AIR FORCE BASE ON APRIL 22, 1954.

IF THE VOUCHER, RETURNED HEREWITH, IS AMENDED IN ACCORDANCE WITH THE FOREGOING, PAYMENT THEREON IS AUTHORIZED, IF OTHERWISE CORRECT.