B-130927, APR. 25, 1957

B-130927: Apr 25, 1957

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FOX: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 31. OF WHICH YOU WERE A MEMBER. WAS PLACED ON TEMPORARY DUTY FOR APPROXIMATELY 30 DAYS AND DIRECTED TO PROCEED FROM FORT EUSTIS. PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE NOT ENTITLED TO PER DIEM WHILE PARTICIPATING IN MANEUVERS. YOUR CLAIM WAS DISALLOWED ON THE BASIS OF THAT PROVISION. IN YOUR REQUEST FOR REVIEW YOU STATE THAT TWO INCREMENTS OF OFFICERS AND ENLISTED MEN WHO ARRIVED IN THULE (UNDER DIFFERENT ORDERS) BEFORE YOURS WERE PAID PER DIEM UP TO JUNE 10. THAT DURING THE ENTIRE TIME YOU WERE ON DUTY IN GREENLAND YOU NEVER WERE NEAR THE ICECAP. TRAVEL AND TRANSPORTATION ALLOWANCES OF MEMBERS OF THE UNIFORMED SERVICES ARE GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED BY THE SECRETARIES CONCERNED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949.

B-130927, APR. 25, 1957

TO MR. CHARLES B. FOX:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 31, 1957, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 28, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR TEMPORARY DUTY DURING THE PERIOD MAY 7 TO JUNE 10, 1955, WHILE SERVING AS PRIVATE, FIRST CLASS, UNITED STATES ARMY.

BY ORDERS DATED APRIL 27, 1955, AN INCREMENT OF OFFICERS AND MEN, OF WHICH YOU WERE A MEMBER, WAS PLACED ON TEMPORARY DUTY FOR APPROXIMATELY 30 DAYS AND DIRECTED TO PROCEED FROM FORT EUSTIS, VIRGINIA, TO THULE, GREENLAND, TO PARTICIPATE IN TC ICECAP ACTIVITIES. THE ORDERS SPECIFICALLY PROVIDED THAT "ALL TDY PERFORMED UNDER THIS ORDER CONSTITUTES DUTY OF A TYPE CONTEMPLATED BY JTR PARA 4250.3.'

PARAGRAPH 4250-3, JOINT TRAVEL REGULATIONS, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE NOT ENTITLED TO PER DIEM WHILE PARTICIPATING IN MANEUVERS, FIELD EXERCISES, AND OTHER SIMILAR ACTIVITIES, WHERE BOTH RATIONS IN KIND AND QUARTERS AND AVAILABLE OR FURNISHED. YOUR CLAIM WAS DISALLOWED ON THE BASIS OF THAT PROVISION. IN YOUR REQUEST FOR REVIEW YOU STATE THAT TWO INCREMENTS OF OFFICERS AND ENLISTED MEN WHO ARRIVED IN THULE (UNDER DIFFERENT ORDERS) BEFORE YOURS WERE PAID PER DIEM UP TO JUNE 10, 1955, AND THAT DURING THE ENTIRE TIME YOU WERE ON DUTY IN GREENLAND YOU NEVER WERE NEAR THE ICECAP.

TRAVEL AND TRANSPORTATION ALLOWANCES OF MEMBERS OF THE UNIFORMED SERVICES ARE GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED BY THE SECRETARIES CONCERNED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814. THOSE REGULATIONS CLEARLY PROHIBIT PAYMENT OF PER DIEM FOR FIELD DUTY. PARAGRAPH 4, DEPARTMENT OF THE ARMY SPECIAL REGULATIONS 35-3080-5, SPECIFICALLY PROVIDED AT THE TIME INVOLVED THAT IN CASES WHERE PER DIEM IS NOT AUTHORIZED FOR MEMBERS OF A MILITARY GROUP UNDER CERTAIN CIRCUMSTANCES, INCLUDING FIELD DUTY, THE ORDERS WILL CONTAIN THE STATEMENT THAT ALL TRAVEL AND TEMPORARY DUTY DIRECTED BY THE ORDERS CONSTITUTE DUTY OF A TYPE CONTEMPLATED BY PARAGRAPH 4250.3, JOINT TRAVEL REGULATIONS. SINCE THE ORDERS OF APRIL 27, 1955, CONTAINED THAT PROVISION, IT MUST BE CONCLUDED THAT "ALL" THE DUTY DIRECTED BY THOSE ORDERS WAS FIELD DUTY. SUCH BEING THE CASE, THERE IS NO LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM.