B-128533, SEP. 4, 1956

B-128533: Sep 4, 1956

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ARMY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 20. WHICH DISALLOWED YOUR CLAIM FOR $475.20 REPRESENTING AN AMOUNT YOU WERE REQUIRED TO REFUND TO THE GOVERNMENT AS AN OVERPAYMENT OF PER DIEM RECEIVED INCIDENT TO THE PERFORMANCE OF TEMPORARY DUTY DURING THE PERIOD FROM DECEMBER 11. THE TEMPORARY DUTY INVOLVED WAS PERFORMED BY YOU AND OTHER DESIGNATED ENLISTED AND OFFICER PERSONNEL AT THE SUFFIELD EXPERIMENTAL STATION NEAR RALSTON. WHILE AT THAT STATION YOU RESIDED IN QUARTERS OPERATED BY THE CANADIAN GOVERNMENT WHICH WERE MADE AVAILABLE TO YOU AND OTHER ENLISTED PERSONNEL AT A COST OF $0.25 PER DAY AND TO OFFICERS FOR $0.75 PER DAY. IN VIEW OF THAT CIRCUMSTANCE YOU WERE REQUIRED TO REFUND 40 PERCENT OF THE PER DIEM YOU HAD BEEN PAID FOR THE PERIOD IN QUESTION.

B-128533, SEP. 4, 1956

TO ANTHONY S. BARRASSO, SFC, U.S. ARMY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 20, 1956, REQUESTING REVIEW OF OUR SETTLEMENT OF JUNE 1, 1956, WHICH DISALLOWED YOUR CLAIM FOR $475.20 REPRESENTING AN AMOUNT YOU WERE REQUIRED TO REFUND TO THE GOVERNMENT AS AN OVERPAYMENT OF PER DIEM RECEIVED INCIDENT TO THE PERFORMANCE OF TEMPORARY DUTY DURING THE PERIOD FROM DECEMBER 11, 1954, TO MARCH 28, 1955.

THE TEMPORARY DUTY INVOLVED WAS PERFORMED BY YOU AND OTHER DESIGNATED ENLISTED AND OFFICER PERSONNEL AT THE SUFFIELD EXPERIMENTAL STATION NEAR RALSTON, ALBERTA, CANADA, UNDER DEPARTMENT OF THE ARMY TELEGRAPHIC ORDERS DATED NOVEMBER 17, 1954. WHILE AT THAT STATION YOU RESIDED IN QUARTERS OPERATED BY THE CANADIAN GOVERNMENT WHICH WERE MADE AVAILABLE TO YOU AND OTHER ENLISTED PERSONNEL AT A COST OF $0.25 PER DAY AND TO OFFICERS FOR $0.75 PER DAY. IN VIEW OF THAT CIRCUMSTANCE YOU WERE REQUIRED TO REFUND 40 PERCENT OF THE PER DIEM YOU HAD BEEN PAID FOR THE PERIOD IN QUESTION. SUCH ACTION WAS TAKEN UNDER THE PROVISIONS OF PARAGRAPH 4254-1 OF THE JOINT TRAVEL REGULATIONS (WHICH REQUIRES THAT REDUCTION FROM THE AUTHORIZED TRAVEL PER DIEM RATE WHEN GOVERNMENT QUARTERS ARE UTILIZED) ON THE BASIS THAT YOU HAD BEEN FURNISHED GOVERNMENT QUARTERS WITHIN THE CONTEMPLATION OF GOVERNING REGULATIONS.

PARAGRAPH 1150-5 OF THE JOINT TRAVEL REGULATIONS DEFINES THE TERM "GOVERNMENT QUARTERS" TO INCLUDE, AMONG OTHER THINGS, ANY SLEEPING ACCOMMODATIONS "FURNISHED BY A FOREIGN GOVERNMENT EITHER UNDER AGREEMENT WITH THE UNITED STATES OR ON A COMPLIMENTARY BASIS.' MILITARY PERSONNEL OCCUPYING QUARTERS OWNED BY A FOREIGN GOVERNMENT--- WHETHER INITIALLY FURNISHED TO THE UNITED STATES GOVERNMENT FOR REASSIGNMENT TO THE USE OF SUCH PERSONNEL, OR FURNISHED DIRECTLY TO THE PERSONNEL BY THE FOREIGN GOVERNMENT--- WHERE NO CHARGE, OR ONLY A TOKEN CHARGE, IS MADE, ARE CONSIDERED TO HAVE BEEN FURNISHED GOVERNMENT QUARTERS FOR PER DIEM PURPOSES UNDER THOSE REGULATIONS.

IN A COMMUNICATION DATED APRIL 25, 1955, COLONEL DONALD D. BODE, COMMANDING OFFICER AT HEADQUARTERS, DUGWAY PROVING GROUND, UTAH, WHICH APPARENTLY WAS YOUR PERMANENT STATION DURING THE PERIOD IN QUESTION, REFERRING TO THE AVAILABILITY OF QUARTERS AT THE SUFFIELD EXPERIMENTAL STATION FOR THE GROUP OF WHICH YOU WERE A PART, STATED AS FOLLOWS:

"I PERSONALLY VISITED THIS STATION PRIOR TO SENDING A TEST TEAM THERE. ARRANGEMENTS WERE MADE FOR QUARTERS ON THE STATION FOR U.S. ARMY ENLISTED MEN AT A NOMINAL FEE OF 25 CENTS PER DAY. NO ARRANGEMENTS WERE MADE FOR OFFICERS. * * *"

SINCE IT APPEARS THAT YOU OCCUPIED QUARTERS AT THE EXPERIMENTAL STATION FURNISHED TO YOU BY THE CANADIAN GOVERNMENT PURSUANT TO ARRANGEMENTS MADE WITH OFFICIALS OF THAT GOVERNMENT, INVOLVING BUT A TOKEN CHARGE OF $0.25 PER DAY, IT IS CONCLUDED THAT YOU WERE IN FACT FURNISHED GOVERNMENT QUARTERS FOR PER DIEM PURPOSES UNDER THE CITED PROVISIONS OF THE JOINT TRAVEL REGULATIONS. THE CHARGE OF $0.25 PER DAY MAY NOT BE CONSIDERED A CHARGE FOR THE QUARTERS THEMSELVES, BUT RATHER APPEARS TO HAVE BEEN A SERVICE CHARGE. CONSEQUENTLY THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF JUNE 1, 1956, IS SUSTAINED.

WITH REFERENCE TO YOUR INQUIRY CONCERNING THE COMPARATIVE RIGHTS OF OFFICER PERSONNEL IN THE MATTER, YOU ARE ADVISED THAT IF THE OFFICERS INVOLVED WERE FURNISHED QUARTERS BY THE CANADIAN GOVERNMENT FOR WHICH CHARGES OF BUT $0.75 PER DAY WERE MADE AS YOU INDICATE, THEIR AUTHORIZED PER DIEM ALLOWANCE ALSO WOULD HAVE BEEN SUBJECT TO A 40 PERCENT DEDUCTION UNDER PARAGRAPH 4254-1 OF THE JOINT TRAVEL REGULATIONS. ANY PER DIEM PAYMENTS MADE TO OFFICER PERSONNEL UNDER THOSE CIRCUMSTANCES NOT COMPUTED ON THE BASIS THAT GOVERNMENT QUARTERS WERE FURNISHED WOULD BE ERRONEOUS AND COULD NOT SERVE AS AUTHORITY FOR A SIMILAR PAYMENT IN YOUR CASE.

ALSO, WITH REFERENCE TO YOUR STATEMENT IN AN INSPECTOR GENERAL COMPLAINT FORM, DATED MARCH 29, 1956, ON THE SUBJECT OF YOUR CLAIM, THAT "DURING THE WINTER OF 1953-54 I WAS ALSO ON DUTY (TDY) AT THE CANADIAN EXPERIMENTAL STATION, DURING THIS TDY ALL PERSONNEL, OFFICERS AND EM ALIKE, RECEIVED THE CORRECT AMOUNT, $11.00 PER DAY," YOU ARE ADVISED THAT EVIDENCE ON FILE IN YOUR CASE INDICATES THAT THE SAME QUARTERS USED DURING THE PERIOD HERE IN QUESTION ALSO WERE USED DURING THE 1953-54 PERIOD. IF THE QUARTERS WERE OBTAINED DURING THAT PERIOD WITHOUT CHARGE, OR AT BUT A NOMINAL CHARGE AS THEY WERE DURING THE LATER PERIOD, THE PAYMENT TO YOU AND THE OTHER PERSONNEL INVOLVED OF A FULL PER DIEM OF $11 WITHOUT APPROPRIATE DEDUCTION BECAUSE GOVERNMENT QUARTERS WERE FURNISHED WAS CLEARLY IMPROPER AND WAS NOT AUTHORIZED UNDER THE REGULATIONS THEN IN EFFECT.

YOUR REQUEST FOR THE RETURN OF THE PAPERS SUBMITTED WITH YOUR CLAIM MAY NOT BE COMPLIED WITH AS THEY HAVE BECOME A PART OF THE PERMANENT RECORDS OF THIS OFFICE.