B-127151, APR. 25, 1956

B-127151: Apr 25, 1956

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STIMSON: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 10. YOU WERE PLACED ON TEMPORARY DUTY FOR APPROXIMATELY 90 DAYS. THE ORIGINAL PERIOD OF TEMPORARY DUTY WAS EXTENDED BY A SERIES OF ORDERS DIRECTING FURTHER PERIODS OF TEMPORARY DUTY THROUGH DECEMBER 6. THAT THE ORIGINAL PERIOD OF TEMPORARY DUTY WAS EXTENDED BECAUSE OF THE CONTINUING NEED FOR YOUR SERVICES AT THE UNITED STATES NAVAL HOSPITAL AT YOKOSUKA. SUBSEQUENT ORDERS CONTAINED THE STATEMENT THAT NO PER DIEM WAS AUTHORIZED. UPON RECONSIDERATION OF YOUR CLAIM IT HAS BEEN DETERMINED THAT YOU ARE ENTITLED. DURING THE PERIOD INVOLVED A DEDUCTION OF 40 PERCENT OF THE TRAVEL PER DIEM ALLOWANCE RATE APPLICABLE WAS REQUIRED FROM PER DIEM ACCRUING TO MEMBERS FOR EACH DAY GOVERNMENT QUARTERS WERE AVAILABLE TO THE MEMBER.

B-127151, APR. 25, 1956

TO MISS SUSAN E. STIMSON:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 10, 1956, REQUESTING REVIEW OF OUR SETTLEMENT DATED DECEMBER 27, 1955, WHICH DISALLOWED YOUR CLAIM FOR A PER DIEM ALLOWANCE INCIDENT TO TEMPORARY DUTY PERFORMED AS A MAJOR, WOMENS ARMY CORPS, DURING THE PERIOD OCTOBER 4, 1952, TO DECEMBER 6, 1953.

BY SPECIAL ORDERS NO. 223, HEADQUARTERS, 141ST GENERAL HOSPITAL, APO 1005 (CAMP HAKATA, JAPAN), DATED SEPTEMBER 29, 1952, YOU WERE PLACED ON TEMPORARY DUTY FOR APPROXIMATELY 90 DAYS, EFFECTIVE ON OR ABOUT OCTOBER 1, 1952, WITH THE UNITED STATES NAVAL HOSPITAL, YOKOSUKA, JAPAN. THE ORIGINAL PERIOD OF TEMPORARY DUTY WAS EXTENDED BY A SERIES OF ORDERS DIRECTING FURTHER PERIODS OF TEMPORARY DUTY THROUGH DECEMBER 6, 1953, THE DATE PRECEDING THE DATE OF YOUR DEPARTURE FROM YOUR TEMPORARY DUTY STATION AT YOKOSUKA PURSUANT TO ORDERS WHICH TERMINATED YOUR FOREIGN DUTY ASSIGNMENT. IT APPEARS THAT YOU ARRIVED AT YOUR TEMPORARY DUTY STATION AT 1500 HOURS ON OCTOBER 4, 1952, AND THAT THE ORIGINAL PERIOD OF TEMPORARY DUTY WAS EXTENDED BECAUSE OF THE CONTINUING NEED FOR YOUR SERVICES AT THE UNITED STATES NAVAL HOSPITAL AT YOKOSUKA.

WHILE THE ORDERS OF SEPTEMBER 29, 1952, AND SUBSEQUENT ORDERS CONTAINED THE STATEMENT THAT NO PER DIEM WAS AUTHORIZED, NO AUTHORITY HAS BEEN FOUND FOR SUCH A RESTRICTION IN THE PAYMENT OF PER DIEM BY THE AUTHORITY ISSUING THOSE ORDERS. ACCORDINGLY, UPON RECONSIDERATION OF YOUR CLAIM IT HAS BEEN DETERMINED THAT YOU ARE ENTITLED, DURING THE INDICATED PERIODS, TO PER DIEM AS AUTHORIZED IN THE JOINT TRAVEL REGULATIONS FOR PERSONNEL OF THE ARMED FORCES IN A TRAVEL STATUS IN JAPAN.

DURING THE PERIOD INVOLVED A DEDUCTION OF 40 PERCENT OF THE TRAVEL PER DIEM ALLOWANCE RATE APPLICABLE WAS REQUIRED FROM PER DIEM ACCRUING TO MEMBERS FOR EACH DAY GOVERNMENT QUARTERS WERE AVAILABLE TO THE MEMBER. DEDUCTION OF 10 PERCENT OF THE TRAVEL PER DIEM RATE ALSO WAS REQUIRED FROM PER DIEM ACCRUING TO OFFICER MEMBERS FOR EACH MEAL AVAILABLE AT AN INSTALLATION OF THE UNIFORMED SERVICES WHERE TEMPORARY DUTY WAS PERFORMED, AND FOR THAT PURPOSE MEALS WERE CONSIDERED AS FURNISHED BY THE GOVERNMENT EVEN THOUGH THE MEMBERS WERE REQUIRED TO PAY FOR SUCH MEALS. PARAGRAPH 4254, JOINT TRAVEL REGULATIONS. IN YOUR CLAIM YOU SAY THAT YOU WERE ON CONTINUOUS TEMPORARY DUTY AT YOKOSUKA EXCEPT WHILE ON LEAVE DURING THE PERIODS MARCH 27 TO 29, MAY 6 TO 15, AND JUNE 16 TO 25, 1953, ALL DATES INCLUSIVE. IN FIRST INDORSEMENT, HEADQUARTERS, U.S. ARMY FORCES, FAR EAST, APO 343, DATED MARCH 10, 1954, IT IS STATED THAT GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE FOR YOU WHILE AT YOUR TEMPORARY DUTY STATION. IN THE CIRCUMSTANCES, A DEDUCTION FROM THE PRESCRIBED PER DIEM OF 40 PERCENT FOR QUARTERS AND 10 PERCENT PER MEAL AVAILABLE IS REQUIRED. YOUR CLAIM WILL BE SETTLED ON THAT BASIS IN A SETTLEMENT TO ISSUE IN DUE COURSE.