B-126938, APR. 30, 1956

B-126938: Apr 30, 1956

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YOU WERE DIRECTED TO PROCEED TO SEATTLE. PER DIEM IN LIEU OF SUBSISTENCE WAS AUTHORIZED EXCEPT FOR DUTY AT ARMY POSTS AND DURING PERIODS OF WATER TRANSPORTATION. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED APRIL 30. FOR THE REASON THAT OFFICIAL RECORDS SHOW THAT YOU WERE ATTACHED TO THE SEATTLE. WASHINGTON PORT OF EMBARKATION WHICH IS AN ARMY POST. YOU SAY THAT YOU USED THE ALASKA DEFENSE COMMAND LIAISON OFFICE AT THE SEATTLE PORT OF EMBARKATION AS A CENTRAL LOCATION TO SEND AND RECEIVE INSTRUCTIONS PERTINENT TO YOUR TEMPORARY DUTY BUT THAT YOU WERE NOT STATIONED AT SEATTLE OR ANY OTHER ARMY POST. WHICH STATES THAT YOU WERE NOT FURNISHED GOVERNMENT QUARTERS AND THAT YOU WERE FORCED TO RESIDE IN A HOTEL OR OTHER TYPE OF QUARTERS ON THE CIVILIAN ECONOMY DURING THE ENTIRE PERIOD OF YOUR TEMPORARY DUTY.

B-126938, APR. 30, 1956

TO WILEY R. BENEFIEL, CWO, USA:

YOUR LETTER OF DECEMBER 21, 1955, REQUESTS REVIEW OF SETTLEMENT DATED APRIL 30, 1945, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD APRIL 27 TO OCTOBER 2, 1943, INCIDENT TO TEMPORARY DUTY DIRECTED IN ORDERS DATED APRIL 25, 1943.

BY LETTER ORDER DATED APRIL 25, 1943, YOU WERE DIRECTED TO PROCEED TO SEATTLE, WASHINGTON, FOR HARBOR CRAFT ACTIVITIES ON TEMPORARY DUTY AND RETURN TO PROPER STATION. PER DIEM IN LIEU OF SUBSISTENCE WAS AUTHORIZED EXCEPT FOR DUTY AT ARMY POSTS AND DURING PERIODS OF WATER TRANSPORTATION. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED APRIL 30, 1945, FOR THE REASON THAT OFFICIAL RECORDS SHOW THAT YOU WERE ATTACHED TO THE SEATTLE, WASHINGTON PORT OF EMBARKATION WHICH IS AN ARMY POST.

IN YOUR LETTER OF DECEMBER 20, 1955, YOU SAY THAT YOU USED THE ALASKA DEFENSE COMMAND LIAISON OFFICE AT THE SEATTLE PORT OF EMBARKATION AS A CENTRAL LOCATION TO SEND AND RECEIVE INSTRUCTIONS PERTINENT TO YOUR TEMPORARY DUTY BUT THAT YOU WERE NOT STATIONED AT SEATTLE OR ANY OTHER ARMY POST. IN SUPPORT OF YOUR CLAIM YOU ENCLOSED A CERTIFICATE DATED SEPTEMBER 9, 1955, SIGNED BY LIEUTENANT COLONEL FRANCIS L. AUGER, WHICH STATES THAT YOU WERE NOT FURNISHED GOVERNMENT QUARTERS AND THAT YOU WERE FORCED TO RESIDE IN A HOTEL OR OTHER TYPE OF QUARTERS ON THE CIVILIAN ECONOMY DURING THE ENTIRE PERIOD OF YOUR TEMPORARY DUTY.

SINCE YOUR ORDERS LIMITED PAYMENT OF PER DIEM TO PERIODS DURING WHICH YOU WERE NOT AT ANY ARMY POST, WE REQUESTED INFORMATION FROM THE DEPARTMENT OF THE ARMY AS TO THE PERIODS YOU WERE AT SUCH AN INSTALLATION. THE REPLY SHOWS THAT YOU WERE ATTACHED TO THE SEATTLE PORT OF EMBARKATION DURING THE PERIOD OF YOUR CLAIM EXCEPT FOR A PERIOD OF TEMPORARY DUTY FOR FOUR DAYS AT ABERDEEN FROM AUGUST 25 TO AUGUST 28, 1943. WHILE THE REPLY ALSO INDICATES THAT ALL THE PERTINENT MORNING REPORTS ARE NO LONGER AVAILABLE, THOSE WHICH ARE AVAILABLE SHOW THAT YOU WERE AT SEATTLE PORT OF EMBARKATION EXCEPT FOR THE FOUR DAYS AT ABERDEEN. THE CERTIFICATE SIGNED BY LIEUTENANT COLONEL AUGER, DATED SEPTEMBER 9, 1955, APPROXIMATELY 12 YEARS AFTER THE PERIOD OF DUTY INVOLVED AND APPARENTLY BASED ON MEMORY OR INFORMATION OBTAINED FROM OTHER THAN CONTEMPORANEOUS RECORDS MAY NOT BE ACCEPTED AS ESTABLISHING THE VALIDITY OF YOUR CLAIM. SINCE YOUR ORDERS SPECIFICALLY PRECLUDE PAYMENT OF PER DIEM WHILE ATTACHED TO AN ARMY POST AND SINCE THE OFFICIAL RECORDS SHOW YOU WERE ATTACHED TO THE SEATTLE PORT OF EMBARKATION FOR THE PERIOD OF YOUR CLAIM (WITH THE EXCEPTION OF THE FOUR-DAY PERIOD OF TEMPORARY DUTY MENTIONED ABOVE) WE ARE WITHOUT AUTHORITY TO ALLOW YOUR CLAIM EXCEPT FOR THE FOUR DAYS THE RECORDS SHOW YOU WERE AT ABERDEEN.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, YOUR CLAIM WILL BE ALLOWED FOR THE FOUR DAYS OF TEMPORARY DUTY AT ABERDEEN, WASHINGTON.