B-129157, SEP. 28, 1956

B-129157: Sep 28, 1956

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IT APPEARS THAT THE ENLISTED MAN WAS STATIONED AT BARBERS POINT. IT IS REPORTED THAT BOTH GOVERNMENT QUARTERS AND MESS WERE AVAILABLE IN JAPAN AND THAT HE HAS BEEN PAID PER DIEM FOR TRAVEL FROM HIS STATION AT BARBERS POINT TO JAPAN. IT IS SHOWN THAT BOTH VOUCHERS WERE CERTIFIED BY THE ENLISTED MAN'S COMMANDING OFFICER AS REQUIRED BY PARAGRAPH 5151 OF THE JOINT TRAVEL REGULATIONS. " EVEN THOUGH ORDERS FOR SPECIFIC TRAVEL HAVE NOT BEEN ISSUED. PROVIDE THAT IF CLAIMS BY MEMBERS ARE CERTIFIED BY THE APPROPRIATE UNIT COMMANDER. SUCH CERTIFICATIONS WILL CONSTITUTE VALID AUTHORIZATIONS OF SUCH CLAIMS. APPARENTLY CLAIMS OF THIS TYPE WERE NOT REGARDED ADMINISTRATIVELY AS BEING PAYABLE PRIOR TO OUR DECISION OF DECEMBER 9.

B-129157, SEP. 28, 1956

TO MAJOR T. A. JAMES, USMC, DISBURSING OFFICER, UNITED STATES MARINE CORPS:

BY FIRST ENDORSEMENT OF SEPTEMBER 6, 1956, THE COMMANDANT OF THE MARINE CORPS FORWARDED YOUR LETTER OF SEPTEMBER 5, 1956, SUBMITTING FOR ADVANCE DECISION A VOUCHER COVERING PAYMENT OF PER DIEM AT THE RATE OF $1.35 PER DAY FOR THE PERIOD OCTOBER 12, 1954, TO JANUARY 16, 1955, TO MASTER SERGEANT CHARLES D. HARRIMAN, USMC.

IT APPEARS THAT THE ENLISTED MAN WAS STATIONED AT BARBERS POINT, OAHU, T.H., AND THAT HE PERFORMED TEMPORARY DUTY OR TRAINING IN JAPAN WITH MARINE TRANSPORT SQUADRON 152 DURING THE PERIOD INVOLVED. IT IS REPORTED THAT BOTH GOVERNMENT QUARTERS AND MESS WERE AVAILABLE IN JAPAN AND THAT HE HAS BEEN PAID PER DIEM FOR TRAVEL FROM HIS STATION AT BARBERS POINT TO JAPAN, AND RETURN, ON VOUCHERS NO. 5695 AND NO. 6265 OF THE OCTOBER 1955 AND FEBRUARY 1956 ACCOUNTS OF P. J. VON TERSCH, RESPECTIVELY. IT IS SHOWN THAT BOTH VOUCHERS WERE CERTIFIED BY THE ENLISTED MAN'S COMMANDING OFFICER AS REQUIRED BY PARAGRAPH 5151 OF THE JOINT TRAVEL REGULATIONS.

SECTION 303 (D) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AUTHORIZES PAYMENT OF PER DIEM IN AN AMOUNT NOT EXCEEDING THAT PAYABLE FOR ORDINARY TEMPORARY DUTY, TO A MEMBER AWAY FROM HIS STATION "ON DUTY WITH OR UNDER TRAINING FOR THE MILITARY AIR TRANSPORT SERVICE, MARINE CORPS TRANSPORT SQUADRONS, OR FLEET LOGISTICS SUPPORT UNIT," EVEN THOUGH ORDERS FOR SPECIFIC TRAVEL HAVE NOT BEEN ISSUED. PARAGRAPHS 5150 AND 5151 OF THE JOINT TRAVEL REGULATIONS AUTHORIZE PAYMENT OF PER DIEM TO MEMBERS IN SUCH CIRCUMSTANCES AT THE RATES PRESCRIBED IN PARTS E AND F, CHAPTER 4 OF SUCH REGULATIONS, AND PROVIDE THAT IF CLAIMS BY MEMBERS ARE CERTIFIED BY THE APPROPRIATE UNIT COMMANDER, SUCH CERTIFICATIONS WILL CONSTITUTE VALID AUTHORIZATIONS OF SUCH CLAIMS.

APPARENTLY CLAIMS OF THIS TYPE WERE NOT REGARDED ADMINISTRATIVELY AS BEING PAYABLE PRIOR TO OUR DECISION OF DECEMBER 9, 1954, 34 COMP. GEN. 284, WHICH HELD THAT A MEMBER WAS IN A TRAVEL STATUS ENTITLING HIM TO PER DIEM WHILE HE WAS PERFORMING TEMPORARY DUTY WITH A UNIT OF HIS OWN DETACHMENT WHICH WAS STATIONED AT A PLACE AWAY FROM HIS POST OF DUTY. SINCE IT APPEARS THAT SERGEANT HARRIMAN WAS AWAY FROM HIS PERMANENT DUTY STATION AND THE CERTIFICATES ATTACHED TO VOUCHERS NO. 5695 AND NO. 6265, WHICH ARE TANTAMOUNT UNDER THE CITED PROVISION OF THE STATUTE TO ADVANCE WRITTEN TRAVEL ORDERS, SUPPORT HIS STATEMENT THAT HE WAS PERFORMING TEMPORARY DUTY OR TRAINING WITH MARINE TRANSPORT SQUADRON 152 WHILE IN JAPAN, PER DIEM AT THE APPLICABLE RATE PRESCRIBED IN PART F, CHAPTER 4, OF THE JOINT TRAVEL REGULATIONS IS PAYABLE DURING THE PERIOD INVOLVED.

ACCORDINGLY, PAYMENT ON THE VOUCHER, RETURNED HEREWITH, IS AUTHORIZED, IF OTHERWISE CORRECT.