B-128692, SEP. 4, 1956

B-128692: Sep 4, 1956

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NAVY: FURTHER REFERENCE IS MADE TO YOUR LETTER POSTMARKED JULY 12. YOUR CLAIM WAS FOR PER DIEM DURING PERIODS YOU WERE IN NEWFOUNDLAND. IT WAS DISALLOWED BECAUSE IT WAS NOT SUPPORTED BY COMPETENT TRAVEL ORDERS DIRECTING THE PERFORMANCE OF TRAVEL AND TEMPORARY DUTY FOR WHICH PER DIEM COULD BE PAID. PER DIEM IS AUTHORIZED FOR TRAVEL AND TEMPORARY DUTY PERFORMED UNDER COMPETENT ORDERS BUT THERE ARE MANY EXCEPTIONS LISTED WHICH DESCRIBE SITUATIONS IN WHICH PER DIEM IS NOT AUTHORIZED. THE "ORDERS" YOU SUBMITTED IN SUPPORT OF YOUR CLAIM ARE NOT IN THE FORM OF TRAVEL ORDERS AND DO NOT DIRECT TEMPORARY DUTY AT ANY POINT SO AS TO GIVE RISE TO A RIGHT TO PER DIEM UNDER THE REGULATIONS. IT WOULD APPEAR THAT THE DUTY PERFORMED WAS ADMINISTRATIVELY CONSIDERED TO BE SUCH AS WOULD NOT GIVE RISE TO A RIGHT TO PER DIEM.

B-128692, SEP. 4, 1956

TO COMMANDER DANIEL G. PARDUE, U.S. NAVY:

FURTHER REFERENCE IS MADE TO YOUR LETTER POSTMARKED JULY 12, 1956, REQUESTING REVIEW OF OUR SETTLEMENT OF JULY 9, 1956, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR TRAVEL PERFORMED AS A MEMBER OF PATROL SQUADRON FIVE, U.S. ATLANTIC FLEET AIR FORCE, INCIDENT TO DEPLOYMENT ACTIVITIES OF THAT SQUADRON.

YOUR CLAIM WAS FOR PER DIEM DURING PERIODS YOU WERE IN NEWFOUNDLAND, ICELAND, PUERTO RICO AND THE BAHAMAS ISLANDS IN 1953 AND 1954. IT WAS DISALLOWED BECAUSE IT WAS NOT SUPPORTED BY COMPETENT TRAVEL ORDERS DIRECTING THE PERFORMANCE OF TRAVEL AND TEMPORARY DUTY FOR WHICH PER DIEM COULD BE PAID. YOU REFER IN THAT CONNECTION TO A COMFAIRWINGSLANT ORDERING THE DEPLOYMENT OF PATROL SQUADRON FIVE TO ICELAND AND TO A MEMORANDUM APPARENTLY ISSUED BY THE COMMANDING OFFICER OF THE SQUADRON ON THE BASIS OF THAT MESSAGE AND APPARENTLY CONTEND THAT SUCH PAPERS CONSTITUTE COMPETENT TRAVEL ORDERS TO SUPPORT YOUR CLAIM.

THE JOINT TRAVEL REGULATIONS PRESCRIBE THE TRAVEL AND TRANSPORTATION ALLOWANCES AUTHORIZED FOR PERIODS OF DUTY OUTSIDE THE UNITED STATES. SEE PART F OF THOSE REGULATIONS. GENERALLY, PER DIEM IS AUTHORIZED FOR TRAVEL AND TEMPORARY DUTY PERFORMED UNDER COMPETENT ORDERS BUT THERE ARE MANY EXCEPTIONS LISTED WHICH DESCRIBE SITUATIONS IN WHICH PER DIEM IS NOT AUTHORIZED.

THE "ORDERS" YOU SUBMITTED IN SUPPORT OF YOUR CLAIM ARE NOT IN THE FORM OF TRAVEL ORDERS AND DO NOT DIRECT TEMPORARY DUTY AT ANY POINT SO AS TO GIVE RISE TO A RIGHT TO PER DIEM UNDER THE REGULATIONS. RATHER, CONSIDERING THE LANGUAGE USED, IT WOULD APPEAR THAT THE DUTY PERFORMED WAS ADMINISTRATIVELY CONSIDERED TO BE SUCH AS WOULD NOT GIVE RISE TO A RIGHT TO PER DIEM. UNDER THOSE CIRCUMSTANCES EVEN IF IT COULD BE CONCLUDED THAT TEMPORARY DUTY WAS CONTEMPLATED, NO PER DIEM COULD BE PAID IN THE ABSENCE OF A SHOWING OF THE NATURE OF THE DUTY PERFORMED IN ORDER THAT IT COULD BE DETERMINED WHETHER SUCH DUTY FELL WITHIN ONE OF THE EXCEPTIONS MENTIONED ABOVE. FOR EXAMPLE, THE INFORMATION SUBMITTED WITH YOUR CLAIM GIVES THE IMPRESSION THAT THE DUTY MAY HAVE BEEN MANEUVERS, FIELD EXERCISES OR OTHER SIMILAR ACTIVITIES.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE DISALLOWANCE OF YOUR CLAIM WAS CORRECT AND IS SUSTAINED.