B-128306, AUG. 23, 1956

B-128306: Aug 23, 1956

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SERGEANT LAWSON WAS DIRECTED TO PROCEED IN TIME TO REPORT TO THE COMMANDING GENERAL. HE WAS TO RETURN TO HIS PROPER STATION AND RESUME HIS REGULAR DUTIES. GOVERNMENT QUARTERS AND GOVERNMENT MESS OR RATIONS IN KIND AND/OR FIELD RATIONS WERE AVAILABLE. PROVIDES THAT PER DIEM ALLOWANCES ARE NOT PAYABLE FOR FIELD DUTY. WHERE BOTH RATIONS IN KIND (INCLUDING FIELD RATIONS) AND QUARTERS ARE AVAILABLE OR FURNISHED. WHETHER OR NOT SUCH FACILITIES ARE UTILIZED. THE ENLISTED MAN CONCERNED STATES THAT THE DUTIES PERFORMED AT ANNUAL FIELD TRAINING WERE DIFFERENT FROM THOSE PERFORMED BY HIM AT HIS PERMANENT STATION. THE CONCLUSION APPEARS REQUIRED THAT HE WAS ENGAGED IN A FIELD EXERCISE OR OTHER SIMILAR ACTIVITY AS TO WHICH THE PAYMENT OF PER DIEM IS PRECLUDED BY PARAGRAPH 4201-6.

B-128306, AUG. 23, 1956

TO DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

UNDER DATE OF JUNE 15, 1956, THE JUDGE ADVOCATE GENERAL, DEPARTMENT OF THE NAVY, FORWARDED YOUR LETTER OF MARCH 13, 1956, AND YOUR FOURTH ENDORSEMENT OF MAY 17, 1956, REQUESTING ADVANCE DECISION AS TO THE LEGALITY OF CREDITING THE PAY ACCOUNT OF TECHNICAL SERGEANT "J.' "C.' LAWSON, 26573, U.S. MARINE CORPS, WITH SEVEN DAYS' PER DIEM AT $1.50 A DAY DURING THE PERIOD FROM JULY 1 TO 7, 1955, WHILE PERFORMING TEMPORARY ADDITIONAL DUTY AT CAMP PENDLETON, CALIFORNIA, IN CONNECTION WITH "ANNUAL FIELD TRAINING," WITH GOVERNMENT QUARTERS AND MESSING FACILITIES AVAILABLE.

BY ORDERS DATED JUNE 2, 1955, SERGEANT LAWSON WAS DIRECTED TO PROCEED IN TIME TO REPORT TO THE COMMANDING GENERAL, MARINE CORPS BASE, CAMP JOSEPH H. PENDLETON, OCEANSIDE, CALIFORNIA, BY 0800 HOURS ON JUNE 23, 1955, FOR TEMPORARY ADDITIONAL DUTY IN CONNECTION WITH ANNUAL FIELD TRAINING OF THE MARINE CORPS RESERVE FOR A PERIOD OF ABOUT TWENTY DAYS. UPON COMPLETION OF TEMPORARY DUTY, AND WHEN DIRECTED BY THE COMMANDING GENERAL, HE WAS TO RETURN TO HIS PROPER STATION AND RESUME HIS REGULAR DUTIES. ENDORSEMENTS ON THE ORDERS SHOW THAT SERGEANT LAWSON REPORTED AT 0145 HOURS ON JUNE 23, 1955, AND THAT, DURING THE PERIOD FROM JUNE 23, 1955, TO JULY 8, 1955, GOVERNMENT QUARTERS AND GOVERNMENT MESS OR RATIONS IN KIND AND/OR FIELD RATIONS WERE AVAILABLE.

PARAGRAPH 4201-6, CHANGE 19, JOINT TRAVEL REGULATIONS, PROVIDES THAT PER DIEM ALLOWANCES ARE NOT PAYABLE FOR FIELD DUTY, INCLUDING MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES, TRAINING ENCAMPMENTS FOR CIVILIAN COMPONENTS, AND OTHER SIMILAR ACTIVITIES, WHERE BOTH RATIONS IN KIND (INCLUDING FIELD RATIONS) AND QUARTERS ARE AVAILABLE OR FURNISHED, WHETHER OR NOT SUCH FACILITIES ARE UTILIZED.

THE ORDERS OF JUNE 2, 1955, EXPRESSLY SPECIFIED THAT THE DUTY ENJOINED WOULD BE IN CONNECTION WITH FIELD TRAINING, AND THE ENLISTED MAN CONCERNED STATES THAT THE DUTIES PERFORMED AT ANNUAL FIELD TRAINING WERE DIFFERENT FROM THOSE PERFORMED BY HIM AT HIS PERMANENT STATION. HENCE, THE CONCLUSION APPEARS REQUIRED THAT HE WAS ENGAGED IN A FIELD EXERCISE OR OTHER SIMILAR ACTIVITY AS TO WHICH THE PAYMENT OF PER DIEM IS PRECLUDED BY PARAGRAPH 4201-6, CHANGE 19, JOINT TRAVEL REGULATIONS.

ACCORDINGLY, ON THE PRESENT RECORD, YOU ARE NOT AUTHORIZED TO CREDIT SERGEANT LAWSON WITH THE AMOUNT SHOWN ON DD FORM 139, WHICH, WITH RELATED PAPERS, IS RETAINED HERE.