B-121023, JAN 3, 1955

B-121023, JAN 3, 1955

PRECIS-UNAVAILABLE

COLONEL HOYT L. PRINDLE, USAF:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 9, 1954, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED APRIL 27, 1954, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM ALLOWANCE INCIDENT TO TEMPORARY DUTY PERFORMED UNDER ORDERS ISSUED BY HEADQUARTERS FAR EAST AIR FORCE ON SEPTEMBER 13, 1950.

YOU REQUEST REVIEW OF THE SETTLEMENT ON THE BASIS THAT THE FACTS IN YOUR CLAIM APPEAR TO BE IDENTICAL WITH THOSE CONSIDERED BY THE COMPTROLLER GENERAL IN 33 COMP. GEN. 258. THE CONCLUSION IN THAT DECISION WAS BASED ON A PROVISION IN THE JOINT TRAVEL REGULATIONS WHICH LIMITED THE AUTHORITY TO RESTRICT PAYMENT OF PER DIEM ONLY IN ORDERS TO PERSONS UNDER A PARTICULAR COMMAND. HOWEVER, THOSE REGULATIONS WERE NOT IN EFFECT AT THE TIME YOUR TRAVEL AND TEMPORARY DUTY WERE PERFORMED AND DO NOT APPLY IN YOUR CASE.

THE RECORD SHOWS THAT BY SPECIAL ORDERS NO. 125, AUGUST 30, 1950, HEADQUARTERS 314TH TROOP CARRIER WING (MEDIUM), STEWART AIR FORCE BASE SMYRNA, TENNESSEE, YOU WERE DIRECTED TO PROCEED ON OR ABOUT AUGUST 31, 1950, TO HEADQUARTERS FAR EAST AIR FORCE, APO 925, FOR APPROXIMATELY NINETY DAYS TEMPORARY DUTY FOR THE PURPOSE OF ASSISTING IN FAR EAST AIR FORCE ORGANIZATIONAL MATTERS. THERE WAS NO PROVISION IN THE ORDERS LIMITING THE PAYMENT OF PER DIEM. BY LETTER ORDERS NO. 1062, SEPTEMBER 13, 1950, HEADQUARTERS FAR EAST AIR FORCE, YOU WERE RELIEVED FROM TEMPORARY DUTY AT THAT HEADQUARTERS AND ATTACHED TO HEADQUARTERS FAR EAST AIR FORCE COMBAT CARGO COMMAND (PROVISIONAL), APO 75. THOSE ORDERS CONTAINED THE STATEMENT "NO PER DIEM AUTH." ON DECEMBER 8, 1950, YOU WERE RELEASED FROM THAT TEMPORARY DUTY AND DIRECTED TO PROCEED TO WATS TICKET OFFICE IN TOKYO, JAPAN, FOR RETURN TRANSPORTATION TO YOUR PERMANENT STATION IN THE UNITED STATES. THE RECORD FURTHER SHOWS THAT FOR THE TRAVEL AND TEMPORARY DUTY PERFORMED UNDER THE ORDERS YOU WERE PAID $48 PER DIEM ON D.O. VOUCHER NO. 9480 DATED DECEMBER 13, 1950, FOR EIGHT DAYS TRAVEL TIME.

THE TRAVEL AND STATION PER DIEM ALLOWANCE PAYABLE TO MILITARY PERSONNEL OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES DURING THE PERIOD OF YOUR TRAVEL AND TEMPORARY DUTY WAS GOVERNED BY SPECIAL REGULATIONS 35-3080 -1, AFR 173-30, MAY 23, 1949, AND SPECIAL REGULATIONS, 35-4805-1, AFM 173- 4, FEBRUARY 25, 1949, PARAGRAPH 2(1), WHICH PROVIDED THAT WHEN NO PER DIEM WAS PAYABLE A STATEMENT "NO PER DIEM," "NO PER DIEM AT ," OR "NO PER DIEM WHILE ON TEMPORARY DUTY" SHOULD APPEAR IN TRAVEL ORDERS. SINCE THE ORDERS OF SEPTEMBER 13, 1950, CONTAINED THE STATEMENT "NO PER DIEM AUTH." YOU ARE NOT ENTITLED TO PER DIEM FOR ANY DUTY PERFORMED UNDER THOSE ORDERS. HOWEVER, YOU ARE ENTITLED TO PER DIEM FOR TRAVEL AND TEMPORARY DUTY PERFORMED DURING THE PERIODS AUGUST 31 TO SEPTEMBER 12, 1950, AND DECEMBER 8 TO 12, 1950.

ACCORDINGLY, A SETTLEMENT WILL ISSUE IN YOUR FAVOR FOR THE PER DIEM COVERING THE PERIODS INDICATED ABOVE LESS THE PER DIEM PAYMENT OF $48, WHICH YOU RECEIVED ON DECEMBER 13, 1950.