B-123853, JUN. 10, 1955

B-123853: Jun 10, 1955

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

UPON COMPLETION OF WHICH THEY WERE TO RETURN TO THEIR PROPER ORGANIZATIONS AND STATIONS. THE OFFICER'S RETURN TRAVEL WAS DIRECTED IN ORDERS OF SEPTEMBER 6. IT APPEARS THAT SHIPMENT NO. 2267-EI WAS A PART OF DETACHMENT 1. THE RECORD SHOWS THAT BOTH GOVERNMENT QUARTERS AND RATIONS WERE AVAILABLE AT THULE. WHERE BOTH RATIONS IN KIND AND QUARTERS ARE FURNISHED. PARAGRAPH 2B (1) AND (2) OF SPECIAL REGULATIONS 35-3080-5 STATES THAT WHEN GOVERNMENT QUARTERS AND SUBSISTENCE ARE FURNISHED. A MEMBER IS NOT ENTITLED TO PER DIEM. PARAGRAPH 4 PROVIDES THAT WHERE PER DIEM IS NOT PAYABLE UNDER THE REGULATIONS. THE TRAVEL ORDERS WILL SO STATE. YOU INDICATE THAT YOUR DOUBT AS TO WHETHER PAYMENT OF PER DIEM IS AUTHORIZED IS BASED ON THE FACT THAT THE ORGANIZATION WAS DIRECTED TO MOVE IN INCREMENTS AND WAS ATTACHED TO AN ORGANIZATION AT THE PLACE OF TEMPORARY DUTY.

B-123853, JUN. 10, 1955

TO LIEUTENANT COLONEL T. ELLERBE, FC, FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:

BY SECOND INDORSEMENT OF MAY 3, 1955, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF APRIL 19, 1955, REQUESTING ADVANCE DECISION AS TO THE LEGALITY OF PAYING PER DIEM TO CAPTAIN CURTIS E. JENNINGS ON A VOUCHER COVERING THE PERIOD MAY 18 TO SEPTEMBER 11, 1954, IN CONNECTION WITH TRAVEL AND TEMPORARY DUTY PERFORMED BY HIM PURSUANT TO ORDERS OF MAY 12, 1954.

THE ORDERS OF MAY 12, 1954, ISSUED BY HEADQUARTERS, TRANSPORTATION RESEARCH AND DEVELOPMENT COMMAND, FORT EUSTIS, VIRGINIA, DIRECTED CAPTAIN JENNINGS AND 19 OTHER ARMY MEMBERS, CONSTITUTING SHIPMENT NO. 2267-EI, TO PROCEED ON OR ABOUT MAY 17, 1954, TO THULE, GREENLAND, ON TEMPORARY DUTY FOR APPROXIMATELY NINE MONTHS FOR THE PURPOSE OF TRANSPORTATION CORPS ACTIVITIES, UPON COMPLETION OF WHICH THEY WERE TO RETURN TO THEIR PROPER ORGANIZATIONS AND STATIONS. THE OFFICER'S RETURN TRAVEL WAS DIRECTED IN ORDERS OF SEPTEMBER 6, 1954. IT APPEARS THAT SHIPMENT NO. 2267-EI WAS A PART OF DETACHMENT 1,"TRANS ARCTIC GP," 9223 TSU, FORT EUSTIS, VIRGINIA, WHICH, TOGETHER WITH FOUR SHIPMENTS OF THE 1ST "ENG ARCTIC TASK FORCE," 0929 TSU, FORT BELVOIR, VIRGINIA, MOVED IN INCREMENTS TO THULE FOR TEMPORARY DUTY. MESSAGE DA 509050, APRIL 22, 1954, STATES THAT THE UNITS WOULD BE ATTACHED TO THE 273 "TRANS PORT COMB C" FOR "ADM AND LOG SUPPORT.' THE RECORD SHOWS THAT BOTH GOVERNMENT QUARTERS AND RATIONS WERE AVAILABLE AT THULE.

PARAGRAPH 4250-3, JOINT TRAVEL REGULATIONS, BARS PAYMENT OF PER DIEM FOR FIELD DUTY, INCLUDING MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES AND OTHER SIMILAR ACTIVITIES, WHERE BOTH RATIONS IN KIND AND QUARTERS ARE FURNISHED. FOR GUIDANCE IN CONNECTION WITH PARAGRAPH 4250-3, PARAGRAPH 2B (1) AND (2) OF SPECIAL REGULATIONS 35-3080-5 STATES THAT WHEN GOVERNMENT QUARTERS AND SUBSISTENCE ARE FURNISHED, A MEMBER IS NOT ENTITLED TO PER DIEM---

"/1) FOR ANY PERIOD OF TRAVEL AND TEMPORARY DUTY WHILE TRAVELING TO, FROM, OR WHILE AT PLACES IN CONNECTION WITH THE ESTABLISHMENT OR OPERATION OF MANEUVERS, EXERCISES, TESTS, TRAINING, OR CAMP SITES, OR

"/2) FOR ANY PERIOD OF TRAVEL AND TEMPORARY DUTY AS A MEMBER OF A UNIT PERFORMING DUTY IN CONNECTION WITH CONSTRUCTION ACTIVITIES, CARGO LOADING AND UNLOADING, TRANSPORTING AMMUNITION, .'

PARAGRAPH 4 PROVIDES THAT WHERE PER DIEM IS NOT PAYABLE UNDER THE REGULATIONS, THE TRAVEL ORDERS WILL SO STATE.

YOU INDICATE THAT YOUR DOUBT AS TO WHETHER PAYMENT OF PER DIEM IS AUTHORIZED IS BASED ON THE FACT THAT THE ORGANIZATION WAS DIRECTED TO MOVE IN INCREMENTS AND WAS ATTACHED TO AN ORGANIZATION AT THE PLACE OF TEMPORARY DUTY. WHILE IT APPEARS THAT A TROOP MOVEMENT WAS INVOLVED, THE REGULATIONS APPEAR TO CONTEMPLATE PAYMENT OF PER DIEM FOR TEMPORARY DUTY TRAVEL, INCLUDING TRAVEL BY TROOPS FOR THE PERFORMANCE OF TEMPORARY DUTY, UNLESS SUCH DUTY IS REGARDED AS FIELD DUTY OR OTHER SIMILAR ACTIVITY. THE FACT THAT THE UNIT, ENGAGED IN A TROOP MOVEMENT, IS ATTACHED TO AN ORGANIZATION AT THE PLACE OF TEMPORARY DUTY WOULD NOT SEEM TO BE A DETERMINATIVE FACTOR IN DECIDING WHETHER SUCH DUTY IS FIELD DUTY. THE RECORD DOES NOT DISCLOSE THE NATURE OF THE TEMPORARY DUTY REQUIRED TO BE PERFORMED AT THULE. WHILE YOU REFER TO TO SUCH DUTY AS A RESEARCH AND DEVELOPMENT PROJECT, IT DOES NOT APPEAR TO BE THE TYPE OF TEMPORARY DUTY MENTIONED IN PARAGRAPH 2B (2) OF THE SPECIAL REGULATIONS, AND PARAGRAPH 2B (1) APPEARS TO CONTEMPLATE ACTIVITIES WHICH ARE CONDUCTED AWAY FROM ESTABLISHED MILITARY STATIONS. THE AIR BASE AT THULE IS A PERMANENT MILITARY INSTALLATION AND, SO FAR AS THE RECORD DISCLOSES, THE TEMPORARY DUTY INVOLVED WAS PERFORMED UNDER THE SAME CIRCUMSTANCES AS ORDINARY TEMPORARY DUTY AT A MILITARY STATION.

PAYMENT ON THE VOUCHER IS AUTHORIZED ACCORDINGLY, IF OTHERWISE CORRECT. THE VOUCHER IS ENCLOSED.