B-129713, DEC. 5, 1956

B-129713: Dec 5, 1956

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USMC: REFERENCE IS MADE TO YOUR LETTER OF JUNE 13. YOU APPEAR TO BE OF THE OPINION THAT PAYMENT SHOULD HAVE BEEN ALLOWED AT THE RATE OF $5 PER DAY. YOU WERE DIRECTED TO PROCEED FROM QUANTICO. WHICH WAS PREPARED BY DIRECTION OF THE COMMANDANT OF THE MARINE CORPS. IT IS INDICATED THAT THE TEMPORARY DUTY PERFORMED BY YOU AS A "TRAINEE OFFICER" WAS THAT OF AN OFFICER UNDERGOING A COURSE OF INSTRUCTION AND THAT BOTH GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE. PRESCRIBED A PER DIEM OF $1 PER DAY FOR COURSES OF INSTRUCTION AT PLACES WHERE BOTH GOVERNMENT QUARTERS AND MESS WERE AVAILABLE. SINCE IT APPEARS THAT YOU WERE UNDERGOING A COURSE OF INSTRUCTION DURING THE PERIOD INVOLVED AND THAT GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE.

B-129713, DEC. 5, 1956

TO CAPTAIN HARLAN C. CHASE, USMC:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 13, 1956, FORWARDED HERE BY THE COMMANDANT OF THE MARINE CORPS UNDER DATE OF OCTOBER 10, 1956, RELATIVE TO SETTLEMENT OF MAY 18, 1956, WHICH ALLOWED YOU PER DIEM AT THE RATE OF $1 PER DAY FOR THE PERIOD FEBRUARY 29 TO APRIL 18, 1952. YOU APPEAR TO BE OF THE OPINION THAT PAYMENT SHOULD HAVE BEEN ALLOWED AT THE RATE OF $5 PER DAY.

BY ORDERS OF JANUARY 11, 1952, FROM THE COMMANDANT OF THE MARINE CORPS, YOU WERE DIRECTED TO PROCEED FROM QUANTICO, VIRGINIA, TO CAMP JOSEPH H. PENDLETON, OCEANSIDE, CALIFORNIA, AND REPORT TO THE COMMANDING GENERAL, MARINE BARRACKS, FOR FURTHER ASSIGNMENT TO THE 21ST REPLACEMENT DRAFT AND FOR ASSIGNMENT TO DUTY BEYOND THE SEAS. FOURTH ENDORSEMENT OF FEBRUARY 28, 1952, DIRECTED YOU TO REPORT TO THE COMMANDING OFFICER, FIRST INFANTRY TRAINING REGIMENT, TRC AT CAMP PENDLETON FOR "TRAINING DUTY" PRIOR TO ASSIGNMENT TO THE 21ST REPLACEMENT DRAFT AND SIXTH ENDORSEMENT SHOWS THAT YOU REPORTED FOR DUTY AS A "TRAINEE OFFICER" ON THE SAME DAY. T AND R COMMAND SPECIAL ORDER NO. 122-52, ISSUED AT CAMP PENDLETON ON APRIL 12, 1952, DIRECTED YOU TO REPORT FOR REASSIGNMENT TO THE 21ST REPLACEMENT DRAFT AND FOURTH ENDORSEMENT OF APRIL 19, 1952, SHOWS THAT YOU SO REPORTED PURSUANT TO SUCH REASSIGNMENT ON THAT DAY.

IN A STATEMENT ACCOMPANYING YOUR LETTER, WHICH WAS PREPARED BY DIRECTION OF THE COMMANDANT OF THE MARINE CORPS, IT IS INDICATED THAT THE TEMPORARY DUTY PERFORMED BY YOU AS A "TRAINEE OFFICER" WAS THAT OF AN OFFICER UNDERGOING A COURSE OF INSTRUCTION AND THAT BOTH GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE.

PARAGRAPH 4205-5E/4) OF THE JOINT TRAVEL REGULATIONS, IN EFFECT DURING THE PERIOD OF YOUR CLAIM, PRESCRIBED A PER DIEM OF $1 PER DAY FOR COURSES OF INSTRUCTION AT PLACES WHERE BOTH GOVERNMENT QUARTERS AND MESS WERE AVAILABLE. SINCE IT APPEARS THAT YOU WERE UNDERGOING A COURSE OF INSTRUCTION DURING THE PERIOD INVOLVED AND THAT GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE, YOU WERE ENTITLED TO PER DIEM AS PAID AT THE RATE OF $1 PER DAY. IF OTHER OFFICERS WERE PAID AT THE RATE OF $5 FOR TEMPORARY DUTY PERFORMED IN IDENTICAL CIRCUMSTANCES, IT APPEARS THAT SUCH PAYMENTS WERE ERRONEOUS.

ACCORDINGLY, THE SETTLEMENT OF MAY 18, 1956, IS SUSTAINED. YOUR ORIGINAL ORDERS, WITH ENDORSEMENTS ARE RETURNED HEREWITH.