B-123309, JUL. 20, 1955

B-123309: Jul 20, 1955

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US 55 409 899: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 7. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THOSE ORDERS PROVIDED FOR GROUP TRAVEL UNDER CIRCUMSTANCES WHICH PERMITTED PAYMENT OF NEITHER A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION NOR TO A PER DIEM ALLOWANCE. IN YOUR REQUEST FOR REVIEW YOU DO NOT PRESENT ANY ADDITIONAL EVIDENCE BUT ASSERT MERELY THAT YOUR SITUATION IS IDENTICAL TO THAT OF PRIVATE WILLIAM W. YOU ARE ADVISED THAT BY SETTLEMENT DATED MARCH 1. SHINGLETON WAS DISALLOWED FOR THE SAME REASONS STATED IN THE SETTLEMENT OF YOUR CLAIM. SHERWOOD WAS AMENDED AND. HIS SITUATION MAY NOT HAVE BEEN THE SAME AS YOURS. PAYMENT OF EITHER MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION OR A PER DIEM ALLOWANCE IS NOT AUTHORIZED UNDER THE JOINT TRAVEL REGULATIONS.

B-123309, JUL. 20, 1955

TO DAVID P. SANGER, PFC, US 55 409 899:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 7, 1955, REQUESTING REVIEW OF SETTLEMENT DATED JANUARY 11, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL PERFORMED BETWEEN CAMP CHAFFEE, ARKANSAS, AND FORT SILL, OKLAHOMA, IN APRIL 1954, PURSUANT TO PARAGRAPH 79, SPECIAL ORDERS NO. 73, HEADQUARTERS, 5TH ARMORED DIVISION, CAMP CHAFFEE, ARKANSAS, DATED MARCH 29, 1954.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THOSE ORDERS PROVIDED FOR GROUP TRAVEL UNDER CIRCUMSTANCES WHICH PERMITTED PAYMENT OF NEITHER A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION NOR TO A PER DIEM ALLOWANCE. SEE PARAGRAPH 4101, JOINT TRAVEL REGULATIONS.

IN YOUR REQUEST FOR REVIEW YOU DO NOT PRESENT ANY ADDITIONAL EVIDENCE BUT ASSERT MERELY THAT YOUR SITUATION IS IDENTICAL TO THAT OF PRIVATE WILLIAM W. SHERWOOD WHO "RECEIVED HIS TRAVEL ALLOWANCE IN JUNE 1954" AND THAT OF PRIVATE AUSTIN B. SHINGLETON WHO "RECEIVED A LETTER FROM YOUR OFFICE IN JANUARY 1955 STATING THAT HE WOULD BE PAID HIS TRAVEL ALLOWANCE.' YOU ARE ADVISED THAT BY SETTLEMENT DATED MARCH 1, 1955, THE CLAIM OF AUSTIN B. SHINGLETON WAS DISALLOWED FOR THE SAME REASONS STATED IN THE SETTLEMENT OF YOUR CLAIM. THE ASSISTANT ADJUTANT GENERAL, HEADQUARTERS, 5TH ARMORED DIVISION, CAMP CHAFFEE, ARKANSAS, HAS ADVISED THAT THE PORTION OF THE ORDERS OF MARCH 29, 1954, REGARDING THE MODE OF TRAVEL IN THE CASE OF WILLIAM W. SHERWOOD WAS AMENDED AND, THEREFORE, HIS SITUATION MAY NOT HAVE BEEN THE SAME AS YOURS.

SINCE THE ORDERS OF MARCH 29, 1954, CONTEMPLATED THAT YOU WOULD PERFORM THE TRAVEL INVOLVED IN A GROUP TRAVEL STATUS AND BE FURNISHED TRANSPORTATION AND SUBSISTENCE, PAYMENT OF EITHER MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION OR A PER DIEM ALLOWANCE IS NOT AUTHORIZED UNDER THE JOINT TRAVEL REGULATIONS. ACCORDINGLY, THERE IS NO LEGAL BASIS FOR PAYMENT OF YOUR CLAIM AND THE SETTLEMENT OF JANUARY 11, 1955, IS SUSTAINED.