B-130147, FEB. 5, 1957
Highlights
KIRBY IS ENTITLED TO PER DIEM FOR TRAVEL AND TEMPORARY DUTY PERFORMED BY HIM INCIDENT TO ORDERS FOR TEMPORARY DUTY AT THULE. SERGEANT KIRBY WAS DIRECTED TO PROCEED FOR TEMPORARY DUTY FROM FORT EUSTIS. HE WAS TO REPORT NOT LATER THAN MARCH 25. IT IS STATED THAT YOUR DOUBT AS TO WHETHER PAYMENT OF PER DIEM IS AUTHORIZED ARISES BECAUSE OF OUR DECISION B-123853 DATED JUNE 10. WAS BASED ON THE PROPOSITION THAT THERE WAS NO EVIDENCE. WHICH TENDED TO ESTABLISH THAT THE TEMPORARY DUTY IN QUESTION WAS FIELD DUTY UNDER APPLICABLE REGULATIONS. THAT IS NOT THE SITUATION IN THE PRESENT CASE. WERE ISSUED BY ORDER OF THE SECRETARY OF THE ARMY AND SPECIFICALLY STATED: "ALL TDY PERFORMED UNDER THIS ORDER CONSTITUTES DUTY OF A TYPE CONTEMPLATED BY JTR PARA 4250.3.'.
B-130147, FEB. 5, 1957
TO MAJOR EDWARD DONOVAN, FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:
BY SECOND INDORSEMENT OF DECEMBER 18, 1956, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF SEPTEMBER 25, 1956, AND ACCOMPANYING PAPERS, REQUESTING DECISION WHETHER SERGEANT GENE R. KIRBY IS ENTITLED TO PER DIEM FOR TRAVEL AND TEMPORARY DUTY PERFORMED BY HIM INCIDENT TO ORDERS FOR TEMPORARY DUTY AT THULE, GREENLAND.
BY DEPARTMENT OF THE ARMY ORDERS DATED MARCH 24, 1955, SERGEANT KIRBY WAS DIRECTED TO PROCEED FOR TEMPORARY DUTY FROM FORT EUSTIS, VIRGINIA, TO WESTOVER AIR FORCE BASE, MASSACHUSETTS. HE WAS TO REPORT NOT LATER THAN MARCH 25, 1955, FOR AIR TRANSPORTATION TO THULE, GREENLAND, FOR TEMPORARY DUTY OF A TYPE (FIELD DUTY) CONTEMPLATED BY PARAGRAPH 4250.3 OF THE JOINT TRAVEL REGULATIONS. IT IS STATED THAT YOUR DOUBT AS TO WHETHER PAYMENT OF PER DIEM IS AUTHORIZED ARISES BECAUSE OF OUR DECISION B-123853 DATED JUNE 10, 1955, WHICH INVOLVED CERTAIN OTHER CLAIMS FOR PER DIEM FOR DUTY PERFORMED AT THULE, GREENLAND.
THE CONCLUSION REACHED IN THE DECISION OF JUNE 10, 1955, WAS BASED ON THE PROPOSITION THAT THERE WAS NO EVIDENCE, EITHER IN THE FORM OF RESTRICTIVE OR DESCRIPTIVE LANGUAGE IN THE TRAVEL ORDERS THEMSELVES OR IN THE FACTUAL SITUATION INVOLVED, WHICH TENDED TO ESTABLISH THAT THE TEMPORARY DUTY IN QUESTION WAS FIELD DUTY UNDER APPLICABLE REGULATIONS. THAT IS NOT THE SITUATION IN THE PRESENT CASE. THE ORDERS OF MARCH 24, 1955, WHICH DIRECTED SERGEANT KIRBY TO TEMPORARY DUTY IN THULE, GREENLAND, WERE ISSUED BY ORDER OF THE SECRETARY OF THE ARMY AND SPECIFICALLY STATED: "ALL TDY PERFORMED UNDER THIS ORDER CONSTITUTES DUTY OF A TYPE CONTEMPLATED BY JTR PARA 4250.3.'
PARAGRAPH 4250.3, JOINT TRAVEL REGULATIONS, BARS PAYMENT OF PER DIEM FOR FIELD DUTY OUTSIDE THE UNITED STATES, INCLUDING MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES, AND OTHER SIMILAR ACTIVITIES WHERE BOTH RATIONS AND QUARTERS ARE AVAILABLE OR FURNISHED, WHETHER OR NOT SUCH FACILITIES ARE UTILIZED. THE VOUCHER SHOWS THAT GOVERNMENT QUARTERS AND MESS WERE AVAILABLE TO SERGEANT KIRBY AND, HENCE, UNDER THE REGULATIONS CITED AND THE ADMINISTRATIVE DETERMINATION AS EXPRESSED IN THE TRAVEL ORDERS, HE IS NOT ENTITLED TO PER DIEM FOR SUCH DUTY.
ACCORDINGLY, PAYMENT ON THE VOUCHER IS NOT AUTHORIZED AND IT WILL BE RETAINED HERE WITH THE SUPPORTING PAPERS.