B-129056, SEP. 26, 1956

B-129056: Sep 26, 1956

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YOU WERE ALLOWED A PER DIEM IN THE AMOUNT OF $118 FOR THE PERIOD FROM JANUARY 8 TO FEBRUARY 27. $40 WAS DEDUCTED FROM THE AMOUNT FOUND DUE. THE AMOUNT OF SUCH DEDUCTION REPRESENTING BASIC ALLOWANCE FOR QUARTERS WHICH WAS ERRONEOUSLY PAID TO YOU FOR THE PERIOD JANUARY 11 TO 31. APPEARS TO BE YOUR CONTENTION THAT YOU ARE ENTITLED TO EITHER A BASIC ALLOWANCE FOR QUARTERS OR AN ADDITIONAL PER DIEM ALLOWANCE FOR THE PERIOD JANUARY 11 TO 31. WHEN QUARTERS WERE NOT AVAILABLE AT CAMP PENDLETON. YOU WERE DETACHED FROM YOUR DUTY STATION AT QUANTICO. TO UNDERGO COLD WEATHER TRAINING WHICH IS CONSIDERED FIELD DUTY. AN OFFICER WITHOUT DEPENDENTS IS NOT ENTITLED TO BASIC ALLOWANCE FOR QUARTERS FOR PERIODS OF TRAVEL.

B-129056, SEP. 26, 1956

TO CAPTAIN THOMAS R. KELLY:

YOUR LETTER OF JULY 19, 1956, REQUESTS REVIEW OF THE ACTION TAKEN BY OUR OFFICE ON YOUR CLAIM FOR PER DIEM ALLOWANCE INCIDENT TO DUTY PERFORMED PURSUANT TO ORDERS OF NOVEMBER 9, 1951, AND JANUARY 28, 1952. YOU WERE ALLOWED A PER DIEM IN THE AMOUNT OF $118 FOR THE PERIOD FROM JANUARY 8 TO FEBRUARY 27, 1952, AND $40 WAS DEDUCTED FROM THE AMOUNT FOUND DUE, THE AMOUNT OF SUCH DEDUCTION REPRESENTING BASIC ALLOWANCE FOR QUARTERS WHICH WAS ERRONEOUSLY PAID TO YOU FOR THE PERIOD JANUARY 11 TO 31, 1952. APPEARS TO BE YOUR CONTENTION THAT YOU ARE ENTITLED TO EITHER A BASIC ALLOWANCE FOR QUARTERS OR AN ADDITIONAL PER DIEM ALLOWANCE FOR THE PERIOD JANUARY 11 TO 31, 1952, WHEN QUARTERS WERE NOT AVAILABLE AT CAMP PENDLETON.

THE RECORD SHOWS THAT BY ORDERS DATED NOVEMBER 9, 1951, YOU WERE DETACHED FROM YOUR DUTY STATION AT QUANTICO, VIRGINIA, AND DIRECTED TO REPORT TO CAMP PENDLETON, CALIFORNIA, FOR DUTY AND FURTHER ASSIGNMENT OVERSEAS. JANUARY 8, 1952, YOU REPORTED TO CAMP PENDLETON WHERE YOU REMAINED UNTIL FEBRUARY 11, 1952. ON THAT DATE YOU DEPARTED FOR BRIDGEPORT, CALIFORNIA, TO UNDERGO COLD WEATHER TRAINING WHICH IS CONSIDERED FIELD DUTY. FEBRUARY 18, 1952, YOU RETURNED TO CAMP PENDLETON AND REMAINED THERE UNTIL FEBRUARY 27, 1952, WHEN YOU DEPARTED FOR YOUR OVERSEAS ASSIGNMENT.

PARAGRAPH 78102, MARINE CORPS MANUAL PROVIDES FOR A BASIC ALLOWANCE FOR QUARTERS WHILE EN ROUTE BETWEEN DUTY STATIONS AS FOLLOWS:

"1. AN OFFICER WITHOUT DEPENDENTS IS NOT ENTITLED TO BASIC ALLOWANCE FOR QUARTERS FOR PERIODS OF TRAVEL, LEAVE (INCLUDING DELAY CHARGEABLE AS LEAVE), AND PROCEED TIME BETWEEN PERMANENT DUTY STATIONS. IF OTHERWISE ENTITLED THERETO, AN OFFICER WITHOUT DEPENDENTS IS ENTITLED TO BASIC ALLOWANCE FOR QUARTERS FOR THE DATE OF DETACHMENT FROM, AND THE DATE OF ARRIVAL AT, THE PERMANENT DUTY STATION.'

YOU WERE IN A TRAVEL STATUS EN ROUTE BETWEEN DUTY STATIONS FROM THE TIME OF YOUR DETACHMENT FROM YOUR DUTY STATION AT QUANTICO THROUGH THE PERIOD OF YOUR CLAIM. HENCE, UNDER THE QUOTED REGULATION, IT APPEARS CLEAR YOU ARE NOT ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS.

IN SUPPORT OF YOUR CONTENTION THAT YOU ARE ENTITLED TO PER DIEM DURING THE PERIOD JANUARY 11 TO 31, 1952, YOU REFER TO PARAGRAPH 8, MARINE CORPS MEMORANDUM WHICH PROVIDES:

"8. RATES OF PER DIEM. IN PROCESSING CLAIMS FOR PAYMENT OR FOR SUBMISSION TO HEADQUARTERS U.S. MARINE CORPS, DISBURSING OFFICERS WILL, OF COURSE, BE GUIDED BY THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS WHICH WERE IN EFFECT DURING THE PERIOD INVOLVED IN EACH CLAIM. IN THIS CONNECTION, SINCE 1 APRIL 1951 THE FOLLOWING PER DIEM RATES HAVE BEEN IN EFFECT FOR OFFICERS ON TEMPORARY DUTY AT PROCESSING STATIONS AWAITING FURTHER ASSIGNMENT AND TRANSPORTATION OVERSEAS:

TABLE

1 APRIL 1951 - 30 NOVEMBER 1952

"NO GOVERNMENT QUARTERS AVAILABLE:

(A) FOR THE FIRST 30 DAYS . . . . . . . . . . . . $9.00

(B) FOR ALL ADDITIONAL DAYS . . . . . . . . . . . 7.00

"GOVERNMENT QUARTERS AVAILABLE . . . . . . . . . . . . . 5.00.'

HOWEVER, YOUR ATTENTION IS INVITED TO PARAGRAPH C, CHANGE NO. 1 TO MARINE CORPS MEMORANDUM NO. 72208 (62-55) WHICH PROVIDES:

"C. THE ORDERS OF MANY OFFICERS WHO REPORTED TO CAMP PENDLETON AND EL TORO FOR FURTHER ASSIGNMENT OVERSEAS WERE ENDORSED TO SHOW THAT NO GOVERNMENT QUARTERS WERE AVAILABLE FOR THE OFFICERS AND THEIR DEPENDENTS. THESE ENDORSEMENTS WERE ISSUED ON THE BASIS THAT CAMP PENDLETON AND EL TORO WERE THE PERMANENT DUTY STATIONS OF THE OFFICERS, AND ARE NOT ACCEPTABLE FOR PER DIEM PURPOSES. GOVERNMENT QUARTERS AND GOVERNMENT MESSES AS DEFINED IN PARAGRAPHS 1150-4 AND 1150-5, JOINT TRAVEL REGULATIONS, WERE AVAILABLE AT CAMP PENDLETON AND EL TORO FOR ALL OFFICERS SUBMITTING CLAIMS FOR PER DIEM UNDER THIS MEMORANDUM, AND CERTIFICATES OF THE OFFICERS AND ENDORSEMENTS ON THEIR ORDERS INDICATING OTHERWISE WILL BE DISREGARDED BY DISBURSING OFFICERS IN THE SETTLEMENT OF SUCH CLAIMS.'

FROM THE LAST QUOTED CHANGE IT SEEMS CLEAR THAT GOVERNMENT QUARTERS AND GOVERNMENT MESSES AS DEFINED IN THE JOINT TRAVEL REGULATIONS WERE AVAILABLE AT CAMP PENDLETON DURING THE PERIOD OF YOUR DUTY. YOUR CLAIM WAS SETTLED ON THAT BASIS AND, THEREFORE, IT APPEARS THAT NO FURTHER PER DIEM IS DUE.

ACCORDINGLY, THE SETTLEMENT OF JULY 16, 1956, WAS CORRECT AND IS SUSTAINED. THE GOVERNMENT CHECK FOR $78 IN PAYMENT OF YOUR CLAIM, WHICH YOU ENCLOSED IN YOUR LETTER, IS RETURNED.