B-125377, JAN. 16, 1956

B-125377: Jan 16, 1956

Additional Materials:

Contact:

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

 

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

WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR PERIODS WHILE YOU WERE ON TEMPORARY DUTY AS A STUDENT AT THE AAF LIAISON PILOT SCHOOL. YOU WERE RELIEVED FROM DUTY AT THE INFANTRY SCHOOL. WITH TEMPORARY DUTY EN ROUTE FOR APPROXIMATELY 18 WEEKS AT THE AAF LIAISON PILOT SCHOOL AT THE SAN MARCOS ARMY AIR FIELD WHERE YOU WERE TO REPORT NOT LATER THAN JULY 1 TO PURSUE A COURSE OF INSTRUCTION. YOU WERE RELIEVED FROM THAT ASSIGNMENT AND DIRECTED TO PROCEED AND REPORT TO THE ARTILLERY SCHOOL AT FORT SILL NOT LATER THAN JANUARY 2. YOU WERE RELIEVED FROM YOUR STUDENT ASSIGNMENT AT FORT SILL EFFECTIVE MARCH 4. WAS DISALLOWED FOR THE REASON THAT IT WAS NOT SUPPORTED BY CERTIFICATES AS TO THE NONAVAILABILITY OF QUARTERS AND MESSING FACILITIES AS REQUIRED BY APPLICABLE REGULATIONS.

B-125377, JAN. 16, 1956

TO MAJOR CHARLES H. POSZ:

YOUR LETTER OF AUGUST 10, 1955, REQUESTS THE REVIEW OF OUR SETTLEMENT OF JUNE 29, 1955, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR PERIODS WHILE YOU WERE ON TEMPORARY DUTY AS A STUDENT AT THE AAF LIAISON PILOT SCHOOL, SAN MARCOS ARMY AIR FIELD, TEXAS, FROM JULY 1 TO DECEMBER 19, 1947, AND AT THE ARTILLERY SCHOOL, FORT SILL, OKLAHOMA, FROM JANUARY 2 TO MARCH 4, 1948.

UNDER WAR DEPARTMENT SPECIAL ORDERS DATED MAY 26, 1947, YOU WERE RELIEVED FROM DUTY AT THE INFANTRY SCHOOL, FORT BENNING, GEORGIA, AND ATTACHED UNASSIGNED TO THE STUDENT DETACHMENT, ARTILLERY SCHOOL, FORT SILL, OKLAHOMA, WITH TEMPORARY DUTY EN ROUTE FOR APPROXIMATELY 18 WEEKS AT THE AAF LIAISON PILOT SCHOOL AT THE SAN MARCOS ARMY AIR FIELD WHERE YOU WERE TO REPORT NOT LATER THAN JULY 1 TO PURSUE A COURSE OF INSTRUCTION. THE ORDERS STATED THAT THE PROVISIONS OF PARAGRAPH 30, ARMY REGULATIONS 35- 4820, DATED FEBRUARY 5, 1947, SHOULD APPLY. YOU WERE RELIEVED FROM THAT ASSIGNMENT AND DIRECTED TO PROCEED AND REPORT TO THE ARTILLERY SCHOOL AT FORT SILL NOT LATER THAN JANUARY 2, 1948, BY ORDERS OF HEADQUARTERS, AIR FORCE PILOT SCHOOL (PRIMARY AND BASIC), RANDOLPH FIELD, TEXAS, DATED DECEMBER 8, 1947. UNDER DEPARTMENT OF THE ARMY ORDERS DATED FEBRUARY 26, 1948, YOU WERE RELIEVED FROM YOUR STUDENT ASSIGNMENT AT FORT SILL EFFECTIVE MARCH 4, 1948, AND ASSIGNED TO THE ARTILLERY SCHOOL AT FORT SILL FOR DUTY WITH THE STAFF AND FACULTY. YOUR CLAIM, COVERING THE INDICATED PERIODS WHILE ON TEMPORARY DUTY AS A STUDENT, WAS DISALLOWED FOR THE REASON THAT IT WAS NOT SUPPORTED BY CERTIFICATES AS TO THE NONAVAILABILITY OF QUARTERS AND MESSING FACILITIES AS REQUIRED BY APPLICABLE REGULATIONS.

WITHIN CERTAIN STATUTORY LIMITATIONS THE PRESCRIBING OF PER DIEM ALLOWANCES FOR PAYMENT TO PERSONNEL OF THE ARMED SERVICES IS GOVERNED BY ADMINISTRATIVE REGULATION. PARAGRAPH 30C, ARMY REGULATIONS 35 4820, FEBRUARY 5, 1947, IN EFFECT DURING THE PERIOD IN QUESTION, PROVIDED THAT VOUCHERS COVERING PER DIEM FOR TEMPORARY DUTY OF STUDENT OFFICERS AT SERVICE SCHOOLS LOCATED AT POSTS, CAMPS, OR STATIONS, UNDER AUTHORITY OF ORDERS ISSUED ON OR AFTER OCTOBER 1, 1946, SHOULD NOT BE PAID UNLESS SUPPORTED BY CERTIFICATES AS TO THE NONAVAILABILITY OF GOVERNMENT QUARTERS AND MESSING FACILITIES, THE FURNISHING OF THE CERTIFICATES BEING REQUIRED OF COMMANDING OFFICERS AT SUCH SERVICE SCHOOLS "WHERE GOVERNMENT QUARTERS AND/OR MESSING FACILITIES ARE NOT AVAILABLE.' SUCH PROVISIONS CONTEMPLATED THAT THE COMMANDING OFFICERS CHARGED WITH THAT RESPONSIBILITY SHOULD MAKE A CONTEMPORANEOUS DETERMINATION AS TO WHETHER, IN THEIR JUDGMENT, EXISTING FACILITIES AT THE POSTS OF THEIR COMMAND CONSTITUTED GOVERNMENT QUARTERS OR GOVERNMENT MESSING FACILITIES FOR PURPOSES OF ESTABLISHING RIGHTS TO PER DIEM ALLOWANCES FOR STUDENT OFFICERS. IN VIEW OF THE REQUIREMENT OF THE CITED REGULATIONS THAT PER DIEM PAYMENTS MUST BE SUPPORTED BY CERTIFICATES OF NONAVAILABILITY OF QUARTERS AND MESSING FACILITIES WE ARE WITHOUT AUTHORITY TO AUTHORIZE PER DIEM PAYMENTS IN THEIR ABSENCE. ACCORDINGLY, ON THE PRESENT RECORD, AND IN THE ABSENCE OF THE REQUIRED CERTIFICATES, THE SETTLEMENT OF JUNE 29, 1955, MUST BE SUSTAINED.

THE DECISION WHICH YOU CITE, B-115509, 34 COMP. GEN. 260, RELATES TO THE RIGHTS OF MEMBERS UNDER THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS. THOSE REGULATIONS WERE ISSUED SUBSEQUENT TO THE PERIODS INVOLVED IN YOUR CLAIM AND, HENCE, THE DECISION IS NOT APPLICABLE IN YOUR CASE.

WITH REFERENCE TO YOUR INQUIRY CONCERNING FURTHER POSSIBLE ACTION ON YOUR CLAIM YOU ARE ADVISED THAT SINCE CLAIMS WILL BE CONSIDERED BY THE UNITED STATES COURT OF CLAIMS ONLY IF FILED WITHIN SIX YEARS AFTER THE CLAIM FIRST ACCRUES (28 U.S.C. 2501) NO FURTHER RECOURSE APPEARS TO BE AVAILABLE TO YOU IN THE MATTER UNLESS THERE CAN BE FURNISHED THE CERTIFICATES REQUIRED BY THE GOVERNING ADMINISTRATIVE REGULATIONS, OR OTHER COMPARABLE EVIDENCE.