B-129181, OCT. 25, 1956

B-129181, OCT. 25, 1956

TO MR. JAMES M. REILLY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 18, 1956, REQUESTING REVIEW OF OUR SETTLEMENT OF AUGUST 14, 1956, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM INCIDENT TO THE PERFORMANCE OF TEMPORARY DUTY AT DOBBINS AIR FORCE BASE, GEORGIA, AS AN ENLISTED MEMBER OF THE 835TH ENGINEER AVIATION BATTALION DURING THE PERIOD APRIL 18 TO MAY 18, 1952.

UNDER ORDERS OF HEADQUARTERS, 924TH ENGINEER AVIATION GROUP, WOLTERS AIR FORCE BASE, TEXAS, DATED NOVEMBER 29, 1951, YOU AND OTHER DESIGNATED MEMBERS OF THE 835TH ENGINEER AVIATION BATTALION WERE DIRECTED TO PROCEED ON OR ABOUT DECEMBER 3, 1951, TO DOBBINS AIR FORCE BASE FOR TEMPORARY DUTY OF APPROXIMATELY 120 DAYS FOR THE PURPOSE OF ERECTION OF LURIA BUILDINGS AND INSTALLATION OF UTILITIES, UPON THE COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR PROPER ORGANIZATION AND STATION. APPARENTLY THE PURPOSE OF THE TEMPORARY DUTY ASSIGNED WAS TO PROVIDE OPERATIONAL TRAINING EXERCISES FOR YOUR GROUP, INVOLVING "ACTUAL CONSTRUCTION OR REHABILITATION" AT AIRFIELDS AND OTHER PHASES OF UNIT OPERATION AS PROVIDED FOR ENGINEER AVIATION UNITS IN AIR FORCE REGULATIONS 50-20, APRIL 25, 1950, AND 306-3, NOVEMBER 8, 1951. TEMPORARY DUTY OF THAT NATURE HAS BEEN CONSIDERED "FIELD DUTY" WITHIN THE CONTEMPLATION OF PARAGRAPH 4201-7 OF THE JOINT TRAVEL REGULATIONS, THEN IN EFFECT, WHICH PROHIBITED 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 WERE AVAILABLE OR FURNISHED WHETHER OR NOT SUCH FACILITIES WERE UTILIZED. WHILE YOU REFER TO THE FACT THAT YOU WERE LIVING OFF THE BASE AT DOBBINS AIR FORCE BASE AS INDICATING YOUR ENTITLEMENT TO THE PER DIEM CLAIMED, NO EVIDENCE APPEARS IN THE RECORD IN YOUR CASE INDICATING WHETHER OR NOT GOVERNMENT MESSING FACILITIES AND QUARTERS WERE AVAILABLE HAD IT BEEN YOUR DESIRE TO USE THEM.

PARAGRAPH 4B OF AIR FORCE REGULATIONS 306-3 DATED NOVEMBER 8, 1951, PROVIDED THAT WHEN A PROJECT WOULD REQUIRE THE USE OF ENGINEER AVIATION UNITS FOR A PERIOD GREATER THAN 4 MONTHS, UNITS NORMALLY WOULD BE ROTATED SO AS TO OBTAIN THE MAXIMUM TRAINING VALUE FROM THE PROJECT. THE PROVISION IN THE ORDERS OF NOVEMBER 29, 1951, DIRECTING TEMPORARY DUTY FOR APPROXIMATELY 120 DAYS REFLECTED A COMPLIANCE WITH THAT REGULATION, IT BEING THE APPARENT INTENT OF THE ORDERS THAT THE TEMPORARY DUTY ASSIGNED SHOULD BE LIMITED TO THE 4-MONTH PERIOD SPECIFIED, FOLLOWED BY ROTATION OF GROUPS IF THE COMPLETION OF THE ASSIGNED PROJECT SO REQUIRED. YOU STATE THAT YOU WERE PAID PER DIEM FOR THE 120-DAY PERIOD COVERED BY THE BASIC ORDERS, BUT THERE IS NO SHOWING THAT YOUR TEMPORARY DUTY WAS EXTENDED TO COVER THE PERIOD FOR WHICH PER DIEM IS NOW CLAIMED.

THE PAYMENT OF PER DIEM AND OTHER TRAVEL ALLOWANCES TO MEMBERS OF THE UNIFORMED SERVICES IS AUTHORIZED BY SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, ONLY IN CONNECTION WITH TRAVEL AND TEMPORARY DUTY PERFORMED UNDER COMPETENT ORDERS. SEE ALSO PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS. THE PERIOD OF TEMPORARY DUTY FOR WHICH PER DIEM NOW IS CLAIMED WAS NOT DIRECTED BY THE ORDERS OF NOVEMBER 29, 1951, AND HENCE, THE CONCLUSION IS REQUIRED THAT YOUR RIGHT TO PER DIEM FOR THAT PERIOD, EVEN THOUGH OTHERWISE PAYABLE, COULD NOT BE CONSIDERED AS ESTABLISHED IN THE ABSENCE OF WRITTEN ORDERS OF COMPETENT AUTHORITY EXPRESSLY DIRECTING THE DUTY. ON THE PRESENT RECORD, NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF AUGUST 14, 1956, IS SUSTAINED.