B-122442, APR 5, 1955

B-122442, APR 5, 1955

PRECIS-UNAVAILABLE

MR. HENRY C. COFFEE:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 15, 1954, REQUESTING RECONSIDERATION OF SETTLEMENT DATED DECEMBER 17, 1946, WHICH DISALLOWED YOUR CLAIM FOR $378, REPRESENTING 63 DAYS' PER DIEM DURING THE PERIOD MARCH 1, TO MAY 2, 1945, WHILE ASSIGNED TO DUTY AT FORT JACKSON, SOUTH CAROLINA. YOUR REQUEST IS BASED UPON THE VIEW THAT NO VALID TRANSFER OF STATION TO FORT JACKSON, SOUTH CAROLINA, WAS ACCOMPLISHED ON MARCH 1 IN ABSENCE OF A COMMAND. RECOGNITION OF THE ACTION BY HEADQUARTERS, FOURTH SERVICE

WHILE ASSIGNED TO DUTY AT CAMP STEWART, GEORGIA, YOU WERE PLACED ON TEMPORARY DUTY AT FORT JACKSON, SOUTH CAROLINA, PURSUANT TO SPECIAL ORDERS NO. 23, ARMY SERVICE COMMAND, CAMP STEWART, GEORGIA, DATED JANUARY 26, 1945. UPON COMPLETION OF THE TEMPORARY DUTY YOU WERE TO RETURN TO YOUR PROPER STATION AT CAMP STEWART, GEORGIA. PER DIEM OF $6 WAS AUTHORIZED. YOU RECEIVED PER DIEM FROM 8 A.M. JANUARY 29 THROUGH FEBRUARY 28, 1945, AT THE RATE OF $6, OR A TOTAL OF $193.65. BY WAR DEPARTMENT NOTIFICATION OF PERSONNEL ACTION (FIELD), W. D. FORM NO. 50, DATED FEBRUARY 26, 1945, YOU WERE TRANSFERRED FROM CAMP STEWART, GEORGIA, TO FORT JACKSON, SOUTH CAROLINA, EFFECTIVE MARCH 1, 1945.

A SEARCH FAILS TO REVEAL WAR DEPARTMENT CIVILIAN PERSONNEL REGULATIONS CIRCULAR NO. 35 REFERRED TO IN YOUR LETTER. IT MAY BE THAT YOU HAVE REFERENCE TO WAR DEPARTMENT CIVILIAN PERSONNEL REGULATION NO. 35, SECTION 5-3F, WHICH PROVIDES THAT TRANSFERS OF CIVILIAN PERSONNEL WITHIN THE WAR DEPARTMENT MAY BE EFFECTED BY APPOINTING OFFICERS IF IT IS AGREED UPON THROUGH MUTUAL CORRESPONDENCE BETWEEN THE OFFICES CONCERNED, AND THAT THE RECEIVING OFFICE WILL PREPARE THE FORM "NOTIFICATION OF PERSONNEL ACTION" REPORTING THE APPOINTMENT BY TRANSFER AND SHOWING THE EFFECTIVE DATE. YOUR TRANSFER WAS AGREED UPON THROUGH MUTUAL CORRESPONDENCE BETWEEN THE COMMANDING OFFICERS AT FORT JACKSON AND CAMP STEWART PRIOR TO THE PERSONNEL ACTION. YOU ALLEGE THAT HEADQUARTERS, FOURTH SERVICE COMMAND, WAS THE APPOINTING OFFICER IN YOUR CASE AND THAT THE CORRESPONDENCE SUBMITTED WITH YOUR CLAIM REVEALS THAT THE TRANSFER WAS NOT RECOGNIZED BY THAT COMMAND. INDORSEMENT DATED APRIL 16, 1945, FROM HEADQUARTERS, FOURTH SERVICE COMMAND, ATLANTA 3, GEORGIA, TO COMMANDING OFFICER, CAMP STEWART, GEORGIA, STATES, IN PART, AS FOLLOWS:

"1. RECORDS OF THIS HEADQUARTERS INDICATE MR. HENRY C. COFFEE WAS PLACED ON TEMPORARY DUTY WITH THE ORDNANCE OFFICE, FORT JACKSON, SOUTH CAROLINA, 29 JANUARY 1945, IN ACCORDANCE WITH INSTRUCTIONS, CONTAINED IN TELEGRAM, THIS HEADQUARTERS, 20 JANUARY 1945, SPIPS - 7161. THIS HEADQUARTERS HAS NO INFORMATION REGARDING EXPLANATION." TRANSFER OF MR. COFFEE TO FORT JACKSON, 1 MARCH 1945. DESIRE

THE ARMY SERVICE FORCES, FOURTH SERVICE COMMAND, CAMP STEWART, GEORGIA, REPLIED BY 2ND INDORSEMENT DATED APRIL 18, 1945, AS FOLLOWS:

"1. INCLOSED IS COPY OF W. D. FORM 50 OF TRANSFER OF MR. HENRY C. COFFEE TO FT. JACKSON, SOUTH CAROLINA.

"2. PREVIOUSLY A COPY OF W. D. FORM 50 OF TRANSFER WAS FORWARDED BY 1ST WRAPPER INDORSEMENT FROM THIS HEADQUARTERS, FILE 201-COFFEE, HENRY C., DATED 5 MARCH 1945."

THIRD INDORSEMENT DATED APRIL 21, 1945, FROM HEADQUARTERS, FOURTH SERVICE COMMAND, ATLANTA 3, GEORGIA, TO COMMANDING GENERAL, FORT JACKSON, SOUTH CAROLINA READS, IN PART, AS FOLLOWS:

"1. COMMUNICATION REFERRED TO IN PARAGRAPH 2, PRECEDING 2ND INDORSEMENT, WAS NOT RECEIVED BY THIS HEADQUARTERS, AND PRIOR TO RECEIPT OF BASIC COMMUNICATION, THIS HEADQUARTERS HAD NO INFORMATION REGARDING THE PERMANENT TRANSFER OF MR. HENRY C. COFFEE TO YOUR STATION. IN THIS CONNECTION, ATTENTION IS DIRECTED TO PARAGRAPH 6, SECTION IV, CIRCULAR 98, WD, 1944.

"3. DESIRE IMMEDIATE ACTION BE TAKEN TO TRANSFER MR. COFFEE, AT PRESENT GRADE AND SALARY, TO CAMP WHEELER, GEORGIA, FOR DUTY WITH THE INFANTRY REPLACEMENT TRAINING CENTER."

PARAGRAPH 6, SECTION IV, CIRCULAR 98, WAR DEPARTMENT, DATED MARCH 8, 1944, REFERRED TO IN THE 3RD INDORSEMENT READS, IN PART, AS FOLLOWS:

"ALL CHANGES OF STATION OR IN ASSIGNMENT WILL BE REPORTED TO THE COMMANDING GENERAL OF THE SERVICE COMMAND WITHOUT DELAY."

FIRST INDORSEMENT DATED SEPTEMBER 1, 1945, FROM HEADQUARTERS, FOURTH SERVICE COMMAND, ATLANTA 3, GEORGIA, READS AS FOLLOWS:

"1. THE TRANSFER FROM CAMP STEWART TO FORT JACKSON IN THIS CASE WAS LEGAL, EVEN THOUGH ADMINISTRATIVE ERROR WAS COMMITTED IN FAILING TO SECURE THE APPROVAL OF THIS HEADQUARTERS PRIOR TO ISSUANCE OF WD FORM NO. 50.

"2. SINCE MR. COFFEE WAS LEGALLY TRANSFERRED TO FORT JACKSON EFFECTIVE 1 MARCH 1945 AND PRESUMABLY RECEIVED NOTICE OF SUCH TRANSFER (EITHER VERBAL OR WRITTEN ON 1 MARCH 1945) THE ATTACHED VOUCHER IS NOT PAYABLE."

WHILE THERE MAY HAVE BEEN A DELAY IN NOTIFYING HEADQUARTERS, FOURTH SERVICE COMMAND, OF YOUR TRANSFER TO FORT JACKSON DUE TO THE MAIL BEING MISPLACED OR LOST, IT IS CLEAR FROM THE INDORSEMENT OF SEPTEMBER 1 THAT THE FOURTH SERVICE COMMAND RECOGNIZED THE TRANSFER. THERE IS NO EVIDENCE OF RECORD HERE THAT IT WAS CONTEMPLATED BY ANY OF THE PARTIES CONCERNED THAT YOU WOULD RETURN TO CAMP STEWART FOR DUTY SUBSEQUENT TO MARCH 1, 1945, THE EFFECTIVE DATE OF THE PERSONNEL ACTION OF FEBRUARY 26, 1945.

IN THE CIRCUMSTANCES IT IS CONCLUDED THAT A VALID TRANSFER OF STATION TO FORT JACKSON WAS ACCOMPLISHED EFFECTIVE MARCH 1, 1945. SINCE THAT PLACE THEN BECAME YOUR OFFICIAL HEADQUARTERS, NO FURTHER PER DIEM COULD BE ALLOWED YOU.

UPON REVIEW, THE SETTLEMENT OF DECEMBER 17, 1946, IS SUSTAINED.