B-129179, OCT. 25, 1956

B-129179, OCT. 25, 1956

TO FIRST LIEUTENANT JOHN W. WILLIAMS, JR., USAF:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 20, 1956, REQUESTING REVIEW OF OUR SETTLEMENT OF AUGUST 10, 1956, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD FROM NOVEMBER 23 TO DECEMBER 15, 1955, INCIDENT TO TEMPORARY DUTY PERFORMED AT BARKSDALE AIR FORCE BASE, LOUISIANA.

UNDER ORDERS OF NOVEMBER 17, 1955, YOU WERE DIRECTED TO PROCEED FROM YOUR STATION AT SCOTT AIR FORCE BASE, ILLINOIS, ON OR ABOUT NOVEMBER 22, 1955, TO BARKSDALE AIR FORCE BASE ON TEMPORARY DUTY FOR APPROXIMATELY 20 DAYS TO PARTICIPATE IN "OPERATION SAGEBRUSH.' YOU WERE INSTRUCTED TO USE GOVERNMENT QUARTERS AND MESSING FACILITIES WHEN AVAILABLE.

PURSUANT TO THOSE ORDERS YOU LEFT YOUR STATION ON NOVEMBER 20 AND ARRIVED AT THE TEMPORARY STATION ON NOVEMBER 22, AND UPON THE COMPLETION OF THE ASSIGNED DUTIES YOU PERFORMED TRAVEL IN RETURNING TO YOUR PERMANENT STATION ON DECEMBER 16 AND 17. FOR THE ACTUAL TRAVEL INVOLVED YOU WERE PAID PER DIEM FOR A TOTAL OF THREE DAYS AT $9 PER DAY AND 5 CENTS PER MILE IN LIEU OF TRANSPORTATION FOR 1,192 MILES. YOUR PRESENT CLAIM COVERS THE PERIOD OF TEMPORARY DUTY AT BARKSDALE AIR FORCE BASE ONLY.

THE PROVISION IN YOUR ORDERS DIRECTING TEMPORARY DUTY TO PARTICIPATE IN "OPERATION SAGEBRUSH" WAS AMENDED BY ORDERS DATED JANUARY 11, 1956, TO READ "TO SUPPORT "OPERATION SAGEBRUSH.'" YOUR CLAIM WAS DISALLOWED IN THE SETTLEMENT OF AUGUST 10, 1956, ON THE BASIS THAT SUCH DUTY WAS IN FACT FIELD DUTY UNDER APPLICABLE REGULATIONS. YOU STATE, HOWEVER, THAT YOU WERE AT THE TEMPORARY STATION SOLELY TO COORDINATE THE ARRIVAL AND DEPARTURE OF AIRCRAFT EVACUATING PATIENTS FROM THE MANEUVER AREA AND THAT YOU HAD NOTHING WHATEVER TO DO WITH THE OPERATION ITSELF.

YOUR ORDERS OF NOVEMBER 17, 1955, WERE ISSUED UNDER AUTHORITY OF DIRECTIONS CONTAINED IN 1706 ATG (AE) OPERATIONS ORDER NO. 701-55-1 DATED OCTOBER 28, 1955. THAT ORDER OUTLINED THE OVERALL PLAN FOR "OPERATION SAGEBRUSH," AND DESCRIBED THE EXERCISES AS BEING DESIGNED TO FULFILL THE REQUIREMENTS OF A JOINT AIR-GROUND OPERATION, CONDUCT OPERATION SUITABILITY TESTS FOR NEW WEAPONS, AND PROVIDE MAXIMUM TRAINING TO ALL PARTICIPATING UNITS. THE PART TO BE PERFORMED BY THE SQUADRONS OF THE 1706TH AIR TRANSPORTATION GROUP OF THAT OPERATION--- THAT OF THE EVACUATION OF THE APPROXIMATELY 50 PATIENTS EXPECTED TO BE GENERATED DAILY BY THE OPERATION--- WAS STATED TO INCLUDE THE FURNISHING BY THE 1731ST AIR TRANSPORT SQUADRON OF A PILOT TO ACT AS AIR EVACUATION OPERATIONS OFFICER AT BARKSDALE AIR FORCE BASE COMMENCING NOVEMBER 25, 1955. THAT APPARENTLY WAS THE ASSIGNMENT FULFILLED BY YOU. YOUR BELIEF THAT THE DUTY ASSIGNED HAD NOTHING TO DO WITH ,OPERATION SAGEBRUSH" PRESUMABLY IS BASED ON THE FACT THAT THE DUTY WAS REQUIRED AT A POINT REMOVED FROM THE IMMEDIATE AREA OF THE SIMULATED CONFLICT.

PARAGRAPH 4201-8 OF THE JOINT TRAVEL REGULATIONS, AS IN EFFECT AT THE TIME YOU WERE ASSIGNED TO THE DUTY IN QUESTION, PROHIBITS THE PAYMENT OF PER DIEM FOR FIELD DUTY, INCLUDING MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES, AND OTHER SIMILAR ACTIVITIES WHERE BOTH RATIONS IN KIND AND QUARTERS ARE AVAILABLE OR FURNISHED, WHETHER OR NOT SUCH FACILITIES ARE UTILIZED. NOTHING IN THE REGULATIONS APPEARS TO SUPPORT A VIEW THAT ONLY THOSE AT THE CENTRAL POINT OF THE MANEUVERS OR SIMULATED PURPOSES. THE DUTIES ASSIGNED YOU CLEARLY WERE A NECESSARY PART IN THE PERFORMANCE OF THE ROLE ASSIGNED TO THE 1706TH AIR TRANSPORTATION GROUP IN THE OVERALL PLAN OF THE OPERATION EVEN THOUGH NOT FOR PERFORMANCE IN THE ACTUAL "BATTLE" AREA.

UNDER THE CIRCUMSTANCES SHOWN IT MUST BE CONCLUDED THAT YOU WERE PERFORMING FIELD DUTY WITHIN THE CONTEMPLATION OF THE CITED REGULATIONS DURING THE PERIOD IN QUESTION. YOU STATED THAT GOVERNMENT QUARTERS WERE OCCUPIED DURING THAT PERIOD AND THAT YOU TOOK ALL OF YOUR MEALS IN THE OFFICERS' CLUB. NO EVIDENCE WAS SUBMITTED, HOWEVER, TO ESTABLISH THAT A GOVERNMENT MESS WAS NOT AVAILABLE FOR YOUR USE AT THE BARKSDALE AIR FORCE BASE. IN THE ABSENCE OF THAT EVIDENCE NO PROPER BASIS EXISTS FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, ON THE PRESENT RECORD, THE SETTLEMENT OF AUGUST 10, 1956, IS SUSTAINED.