B-130101, JANUARY 9, 1957, 36 COMP. GEN. 487

B-130101: Jan 9, 1957

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MILITARY PERSONNEL - ORDERS - AMENDMENT - CORRECTION OF ERRONEOUS ORDERS MILITARY ORDERS WHICH TRANSFER AN ARMY ENLISTED MAN FOR A COURSE OF INSTRUCTION ON A PERMANENT CHANGE OF STATION BASIS CONTRARY TO THE COMMANDING OFFICER'S ASSIGNMENT INSTRUCTIONS DIRECTING SUCH TRAINING TRANSFERS TO BE ON A TEMPORARY DUTY BASIS PENDING ISSUANCE OF FURTHER ORDERS MAY BE CORRECTED AND THE MEMBER IS ENTITLED TO RETROACTIVE PAYMENT OF PER DIEM FOR PERIOD OF TEMPORARY DUTY ON BASIS OF CORRECTED ORDERS. REQUESTING AN ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY PER DIEM TO MASTER SERGEANT WILLIAM C. IT APPEARS THAT YOU HAVE PAID HIM FOR THE PERIOD MARCH 13 TO MAY 6. THOSE ORDERS WERE AMENDED BY PARAGRAPH 2.

B-130101, JANUARY 9, 1957, 36 COMP. GEN. 487

MILITARY PERSONNEL - ORDERS - AMENDMENT - CORRECTION OF ERRONEOUS ORDERS MILITARY ORDERS WHICH TRANSFER AN ARMY ENLISTED MAN FOR A COURSE OF INSTRUCTION ON A PERMANENT CHANGE OF STATION BASIS CONTRARY TO THE COMMANDING OFFICER'S ASSIGNMENT INSTRUCTIONS DIRECTING SUCH TRAINING TRANSFERS TO BE ON A TEMPORARY DUTY BASIS PENDING ISSUANCE OF FURTHER ORDERS MAY BE CORRECTED AND THE MEMBER IS ENTITLED TO RETROACTIVE PAYMENT OF PER DIEM FOR PERIOD OF TEMPORARY DUTY ON BASIS OF CORRECTED ORDERS.

TO LIEUTENANT COLONEL E. C. ROGERS, DEPARTMENT OF THE ARMY, JANUARY 9, 1957:

BY 4TH ENDORSEMENT OF DECEMBER 13, 1956, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF NOVEMBER 26, 1956, REQUESTING AN ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY PER DIEM TO MASTER SERGEANT WILLIAM C. BARLOW, USA, AT THE RATE OF $1 PER DAY FOR THE PERIODS JANUARY 17 TO MARCH 12 AND MAY 7 TO 23, 1956, IN CONNECTION WITH DUTY PERFORMED BY HIM AS A STUDENT AT DIFFERENT COURSES OF INSTRUCTION AT SANDIA BASE, ALBUQUERQUE, NEW MEXICO. IT APPEARS THAT YOU HAVE PAID HIM FOR THE PERIOD MARCH 13 TO MAY 6, 1956.

PARAGRAPH 83, SPECIAL ORDERS NO. 294, DECEMBER 20, 1955, HEADQUARTERS, 101ST AIRBORNE DIVISION, FORT JACKSON, SOUTH CAROLINA, DIRECTED THE ENLISTED MAN TO PROCEED ON A PERMANENT CHANGE OF STATION TO SANDIA BASE, ALBUQUERQUE, NEW MEXICO,"FOR CRS AFSWP-ABE," A MESSAGE FROM THE COMMANDING GENERAL, THIRD ARMY, DATED DECEMBER 14, 1955, BEING CITED AS AUTHORITY FOR SUCH ORDERS. THOSE ORDERS WERE AMENDED BY PARAGRAPH 2, SPECIAL ORDERS NO. 61, MARCH 13, 1956, SAME HEADQUARTERS, TO EFFECT HIS TRANSFER TO SANDIA BASE AS A STUDENT TO ATTEND THE COURSE OF INSTRUCTION ON TEMPORARY DUTY PENDING THE ISSUANCE OF FURTHER ORDERS. BY PARAGRAPH 3, SPECIAL ORDERS NO. 92, ISSUED AT SANDIA BASE UNDER DATE OF MAY 24, 1956, THE ENLISTED MAN WAS RELEASED FROM HIS ASSIGNMENT AS A STUDENT AND WAS REASSIGNED TO ANOTHER UNIT AT THAT PLACE ON A PERMANENT CHANGE OF STATION. FOLLOWING RECEIPT OF FIRST ENDORSEMENT FROM THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, TO THE COMMANDING GENERAL, THIRD ARMY, REQUESTING AN INVESTIGATION OF THE FACTS AND CIRCUMSTANCES SURROUNDING THE ISSUANCE OF THE ORDERS OF DECEMBER 20, 1955, AND THE ISSUANCE OF CORRECTION ORDERS SHOULD THE FACTS DISCLOSE THAT SUCH ORDERS SHOULD HAVE INITIALLY ASSIGNED THE ENLISTED MAN TO SANDIA BASE ON TEMPORARY DUTY PENDING THE ISSUANCE OF FURTHER ORDERS, THE ORDER ISSUING AUTHORITY AT FORT JACKSON, BY ORDERS DATED OCTOBER 17, 1956, CORRECTED THE ORDERS OF DECEMBER 20, 1955, TO SO PROVIDE, IT BEING STATED THAT SUCH CORRECTION WAS NECESSARY TO CORRECT THE ADMINISTRATIVE ERROR IN FAILING TO COMPLY WITH ORIGINAL ASSIGNMENT INSTRUCTIONS CONTAINED IN THE MESSAGE OF DECEMBER 14, 1955, FROM THE COMMANDING GENERAL, THIRD ARMY, AND PARAGRAPH 13C (4), ARMY REGULATIONS 611-215, AS AMENDED. THE CITING OF SUCH REGULATIONS APPEARS TO INDICATE THAT THE ENLISTED MAN HAD DEPENDENTS. IT IS REPORTED THAT HE ATTENDED DIFFERENT COURSES OF INSTRUCTION LISTED IN DA PAMPHLET 20-21, AUGUST 1954, DURING THE PERIOD INVOLVED, COURSE ABE LASTING ONLY THREE WEEKS.

THE ORIGINAL ORDERS OF DECEMBER 20, 1955, ARE VERY SIMILAR TO THOSE DATED SEPTEMBER 12, 1955, ISSUED TO MASTER SERGEANT WILLIAM R. WILLIAMS, JR., CONSIDERED IN OUR DECISION TO YOU OF SEPTEMBER 4, 1956, B-128779, EXCEPT THAT THE FORMER CONTAINS THE ABBREVIATION " CRS" RATHER THAN THE ABBREVIATION " TRNE" USED IN THE LATTER ORDERS. YOU THEREIN WERE ADVISED THAT THE THEN PRESENT RECORD DID NOT CONTAIN SUFFICIENT INFORMATION, WITHIN THE RULE OF 24 COMP. GEN. 439, TO WARRANT PAYMENT OF THE ENLISTED MAN'S CLAIM ON THE BASIS OF THE AMENDATORY ORDERS OF MARCH 6, 1956, NO EXPLANATION HAVING BEEN FURNISHED AS TO WHY HE WAS NOT ORDERED TO TEMPORARY DUTY AS A STUDENT TO ATTEND A COURSE OF INSTRUCTION AT SANDIA BASE, IF THAT HAD BEEN THE ORIGINAL INTENTION AT THE TIME THE ORDERS OF SEPTEMBER 12, 1955, WERE ISSUED.

RECENTLY, SERGEANT WILLIAMS SUBMITTED THE ORIGINAL OF HIS REQUEST DATED AUGUST 22, 1955, TO ATTEND A SERVICE SCHOOL IN ACCORDANCE WITH DA PAMPHLET 20-21. AFTER APPROVING SUCH REQUEST, THE COMMANDING GENERAL, THIRD ARMY, IN COMMENT 4, SEPTEMBER 2, 1955--- CITED IN THE ORDERS OF SEPTEMBER 12, 1955, AS AUTHORITY FOR SUCH ORDERS--- DIRECTED THE ISSUANCE OF PERMANENT CHANGE OF STATION ORDERS TRANSFERRING THE ENLISTED MAN TO SANDIA BASE TO PURSUE A COURSE OF INSTRUCTION WITH THE FURTHER DIRECTION THAT IF THE ENLISTED MAN HAD DEPENDENTS PARAGRAPH 13C (4), CHANGE 1, ARMY REGULATIONS 611-215, WOULD APPLY. SUCH REGULATIONS APPARENTLY CONTEMPLATED AN ASSIGNMENT TO THE STUDENT DETACHMENT AT A SCHOOL ON TEMPORARY DUTY PENDING FURTHER ORDERS, WHEN THE MEMBER INVOLVED HAS DEPENDENTS AND THE COURSE OF INSTRUCTION IS TO BE LESS THAN 20 WEEKS' DURATION. SINCE IT APPEARED THAT WILLIAMS HAD DEPENDENTS AND THE COURSE OF INSTRUCTION HE ATTENDED WAS OF LESS THAN 20 WEEKS' DURATION, IT WAS CONCLUDED THAT THE ORDER ISSUING AUTHORITY WAS REQUIRED TO ISSUE TEMPORARY DUTY ORDERS, RATHER THAN ORDERS DIRECTING A PERMANENT CHANGE OF STATION TO SANDIA BASE AND THAT THE AMENDATORY ORDERS PROVIDED A PROPER BASIS FOR THE PAYMENT OF HIS CLAIM. INSTRUCTIONS WERE ISSUED TO OUR CLAIMS DIVISION TO ISSUE A SETTLEMENT FOR THE AMOUNT FOUND DUE.

THE MESSAGE DATED DECEMBER 14, 1955, FROM THE COMMANDING GENERAL, THIRD ARMY, CITED IN THE ORDERS OF DECEMBER 20, 1955, APPEARS TO HAVE BEEN SIMILAR IN CONTENT TO HIS COMMENT 4 IN THE WILLIAMS CASE AND IF, AS APPEARS, BARLOW HAD DEPENDENTS, THOSE ORDERS SHOULD HAVE DIRECTED HIM TO PROCEED TO SANDIA BASE FOR TEMPORARY DUTY AS A STUDENT TO ATTEND A COURSE OF INSTRUCTION PENDING THE ISSUANCE OF FURTHER ORDERS. IN SUCH CIRCUMSTANCES, THE AMENDATORY ORDERS OF MARCH 13, 1956, WERE PROPERLY ISSUED AND HE IS ENTITLED TO PER DIEM FOR THE TEMPORARY DUTY PERFORMED AT SANDIA BASE.

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