B-128271, AUG. 15, 1956

B-128271: Aug 15, 1956

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HANNA: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 23. THE RECORD INDICATES THAT YOU WERE ORDERED TO ACTIVE DUTY AND ASSIGNED TO ABERDEEN PROVING GROUND. YOU WERE RELIEVED FROM HEADQUARTERS. THE ORDERS STATED THAT YOU WERE THEN AT HORSE CAVE. THERE WAS NO PROVISION IN THE ORDERS FOR THE PAYMENT OF PER DIEM. YOU WERE DIRECTED TO PROCEED TO PITTSBURGH ORDNANCE DISTRICT. FOR TEMPORARY DUTY OF APPROXIMATELY THREE DAYS UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR PROPER STATION. YOU WERE RELIEVED ON PERMANENT CHANGE OF STATION FROM DUTY AT BLUE GRASS ORDNANCE DEPOT. YOUR CLAIM IS FOR A PER DIEM ALLOWANCE FOR TEMPORARY DUTY AT BLUE GRASS ORDNANCE DEPOT FOR THE PERIOD DECEMBER 22.

B-128271, AUG. 15, 1956

TO LIEUTENANT COLONEL GEORGE T. HANNA:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 23, 1956, REQUESTING REVIEW OF OUR SETTLEMENT WHICH DISALLOWED YOUR CLAIM FOR PER DIEM ALLOWANCES FOR THE PERIOD DECEMBER 22, 1947, TO MARCH 9, 1948.

THE RECORD INDICATES THAT YOU WERE ORDERED TO ACTIVE DUTY AND ASSIGNED TO ABERDEEN PROVING GROUND, MARYLAND, FOR RECORD PURPOSES ONLY. DEPARTMENT OF THE ARMY ORDERS DATED DECEMBER 11, 1947, YOU WERE RELIEVED FROM HEADQUARTERS, ABERDEEN PROVING GROUND, AND ASSIGNED TO BLUE GRASS ORDNANCE DEPOT, RICHMOND, KENTUCKY. THE ORDERS STATED THAT YOU WERE THEN AT HORSE CAVE, KENTUCKY, AND BORE THE CONFLICTING SYMBOLS "PCS" (PERMANENT CHANGE OF STATION), AND "TDPFO" (TEMPORARY DUTY PENDING FURTHER ORDERS). THERE WAS NO PROVISION IN THE ORDERS FOR THE PAYMENT OF PER DIEM.

BY BLUE GRASS ORDNANCE DEPOT ORDERS DATED FEBRUARY 6, 1948, YOU WERE DIRECTED TO PROCEED TO PITTSBURGH ORDNANCE DISTRICT, PITTSBURGH, PENNSYLVANIA, FOR TEMPORARY DUTY OF APPROXIMATELY THREE DAYS UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR PROPER STATION. BY ORDERS OF FEBRUARY 25, 1948, YOU WERE RELIEVED ON PERMANENT CHANGE OF STATION FROM DUTY AT BLUE GRASS ORDNANCE DEPOT, AND ASSIGNED TO FORT GEORGE G. MEADE, MARYLAND, WITH STATION AT CARNEGIE ILLINOIS STEEL CORPORATION, PITTSBURGH, PENNSYLVANIA. YOUR CLAIM IS FOR A PER DIEM ALLOWANCE FOR TEMPORARY DUTY AT BLUE GRASS ORDNANCE DEPOT FOR THE PERIOD DECEMBER 22, 1947, TO MARCH 9, 1948, EXCEPT FOR THREE DAYS AT PITTSBURGH.

IN THE SETTLEMENT MENTIONED ABOVE IT WAS STATED THAT SINCE THE ORDERS DATED DECEMBER 11, 1947, RELIEVED YOU FROM ALL DUTY AT ABERDEEN PROVING GROUND AND DID NOT INDICATE YOU WOULD RETURN TO THAT STATION, AND THE ONLY STATION ASSIGNED TO YOU WAS THE DUTY AT BLUE RIDGE ORDNANCE DEPOT, IT APPEARS THAT THE LATTER PLACE BECAME YOUR PERMANENT STATION. IN YOUR PRESENT LETTER YOU STATE THAT YOUR ASSIGNMENT TO BLUE GRASS ORDNANCE DEPOT WAS FOR TEMPORARY DUTY PENDING FURTHER ASSIGNMENT, AND EXPRESS THE BELIEF THAT YOUR CLAIM SHOULD BE PAID.

UNDER THE PROVISIONS OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, AS AMENDED BY SECTION 203 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 859, IN EFFECT AT THE TIME HERE INVOLVED, A RIGHT TO PER DIEM CANNOT ACCRUE TO AN OFFICER WHILE TRAVELING AWAY FROM HIS DESIGNATED POST OF DUTY UNLESS PAYMENT THEREOF HAS BEEN ADMINISTRATIVELY PRESCRIBED. IN YOUR CASE, THE ORDERS OF DECEMBER 11, 1947, ASSIGNING YOU TO DUTY AT BLUE GRASS ORDNANCE DEPOT DID NOT PRESCRIBE A PER DIEM ALLOWANCE FOR SUCH DUTY. THEREFORE, ASIDE FROM THE FACT THAT BLUE GRASS ORDNANCE DEPOT APPARENTLY WAS REGARDED AS YOUR PERMANENT STATION, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. SUCH BEING THE CASE, THE SETTLEMENT OF MAY 18, 1956, WAS CORRECT AND IS SUSTAINED.