B-128985, SEP. 17, 1956

B-128985: Sep 17, 1956

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YOU WERE ASSIGNED TO INDIANTOWN GAP MILITARY RESERVATION. YOU WERE DIRECTED TO REPORT WITH NECESSARY CLOTHING AND EQUIPMENT FOR FIELD-TYPE DUTY. YOUR CLAIM FOR PER DIEM FOR THE PERIOD OF THAT DUTY WAS DISALLOWED FOR THE REASON THAT THE JOINT TRAVEL REGULATIONS DO NOT AUTHORIZE PER DIEM FOR PERIODS OF FIELD DUTY. YOU SAY THE ORDERS ARE ERRONEOUS FOR THE REASON THAT AFTER ARRIVAL AT YOUR PLACE OF TEMPORARY DUTY YOU WERE ORDERED TO AND DID PERFORM NORMAL STATION-TYPE TEMPORARY DUTY. GENERALLY PER DIEM IS AUTHORIZED. TEMPORARY DUTY IS DEFINED (PARAGRAPH 3003-2) AS DUTY AT A LOCATION OTHER THAN A PERMANENT STATION TO WHICH A MEMBER IS ORDERED TO TEMPORARY DUTY UNDER ORDERS WHICH PROVIDE FOR FURTHER ASSIGNMENT TO A NEW STATION OR FOR RETURN TO THE OLD PERMANENT STATION.

B-128985, SEP. 17, 1956

TO MR. LAWRENCE N. PATTERSON:

YOUR LETTER OF AUGUST 1, 1956, REQUESTS REVIEW OF SETTLEMENT DATED JULY 18, 1956, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM DURING THE PERIOD JUNE 6 TO SEPTEMBER 22, 1955.

BY ORDERS DATED JUNE 1, 1955, YOU WERE ASSIGNED TO INDIANTOWN GAP MILITARY RESERVATION, PENNSYLVANIA, ON TEMPORARY DUTY. YOU WERE DIRECTED TO REPORT WITH NECESSARY CLOTHING AND EQUIPMENT FOR FIELD-TYPE DUTY. YOUR CLAIM FOR PER DIEM FOR THE PERIOD OF THAT DUTY WAS DISALLOWED FOR THE REASON THAT THE JOINT TRAVEL REGULATIONS DO NOT AUTHORIZE PER DIEM FOR PERIODS OF FIELD DUTY.

IN YOUR LETTER YOU ADMIT THAT THE ORDERS OF JUNE 1, 1955, PROHIBIT THE PAYMENT OF PER DIEM; HOWEVER, YOU SAY THE ORDERS ARE ERRONEOUS FOR THE REASON THAT AFTER ARRIVAL AT YOUR PLACE OF TEMPORARY DUTY YOU WERE ORDERED TO AND DID PERFORM NORMAL STATION-TYPE TEMPORARY DUTY. IT APPEARS TO BE YOUR CONTENTION THAT THE DUTY YOU PERFORMED ENTITLES YOU TO PER DIEM. HOWEVER, THE HEADQUARTERS WHERE YOU PERFORMED THE DUTY IN QUESTION HAS REFUSED TO CERTIFY THAT YOU DID NOT PERFORM FIELD DUTY DURING THE PERIOD OF YOUR CLAIM.

GENERALLY PER DIEM IS AUTHORIZED, UNDER THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS, FOR PERFORMANCE OF TEMPORARY DUTY. SEE PARAGRAPHS 4200 AND 4201 FOR THE AUTHORIZATION AND THE EXCEPTIONS. TEMPORARY DUTY IS DEFINED (PARAGRAPH 3003-2) AS DUTY AT A LOCATION OTHER THAN A PERMANENT STATION TO WHICH A MEMBER IS ORDERED TO TEMPORARY DUTY UNDER ORDERS WHICH PROVIDE FOR FURTHER ASSIGNMENT TO A NEW STATION OR FOR RETURN TO THE OLD PERMANENT STATION.

YOU HAVE SUBMITTED NO ORDERS DIRECTING YOU TO PERFORM TEMPORARY DUTY OF A TYPE WHICH WOULD GIVE RISE TO A RIGHT TO PER DIEM, IT BEING EXPRESSLY PROVIDED THAT PER DIEM IS NOT PAYABLE FOR FIELD DUTY, AND HENCE YOU HAVE FAILED TO MEET THE FIRST AND BASIC CONDITION NECESSARY TO ESTABLISH A RIGHT TO SUCH AN ALLOWANCE. ALSO, FROM THE INFORMATION YOU HAVE SUBMITTED IT SEEMS CLEAR THAT NO SUCH ORDERS ACTUALLY WERE PREPARED.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, IT IS NOT ESTABLISHED THAT YOU ARE ENTITLED TO PER DIEM DURING THE PERIOD OF YOUR CLAIM AND THE SETTLEMENT OF JULY 18, 1956, IS SUSTAINED.