B-131576, JUL. 2, 1957

B-131576: Jul 2, 1957

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

O 353 546: FURTHER REFERENCE IS MADE TO YOUR LETTER POSTMARKED MARCH 27. YOU WERE PLACED ON TEMPORARY DUTY FOR APPROXIMATELY 120 DAYS AT FORT CROCKETT. UPON COMPLETION OF THE MISSION YOU WERE TO RETURN TO FORT HOOD. YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION IN THE SETTLEMENT OF FEBRUARY 20. YOU STATE THAT THE DUTY PERFORMED BY YOU WAS NOT FIELD DUTY AS CONTEMPLATED BY THE REGULATIONS. RATHER WAS THAT OF A DETACHMENT COMMANDER AT AN INSTALLATION WHICH WAS IN A STANDBY STATUS AWAY FROM YOUR PLACE OF DUTY. TO FURTHER SUPPORT YOUR CONTENTION THAT YOU WERE NOT ON FIELD DUTY. THAT YOU WERE THE OFFICER IN CHARGE OF A DETACHMENT WHICH OPERATED THE BILLETING AND MESSING FACILITIES AT FORT CROCKETT FOR THE USE OF TROOPS FROM FORT HOOD.

B-131576, JUL. 2, 1957

TO MAJOR THADDEUS W. MARCINKOWSKI, O 353 546:

FURTHER REFERENCE IS MADE TO YOUR LETTER POSTMARKED MARCH 27, 1957, REQUESTING RECONSIDERATION OF THE ACTION TAKEN BY OUR CLAIMS DIVISION IN SETTLEMENT DATED FEBRUARY 20, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD MAY 5 TO JULY 15, 1957.

BY LETTER ORDERS DATED MAY 4, 1955, FORT HOOD, TEXAS, YOU WERE PLACED ON TEMPORARY DUTY FOR APPROXIMATELY 120 DAYS AT FORT CROCKETT, TEXAS, AND ORDERED TO PROCEED TO THAT STATION ON OR ABOUT MAY 5, 1955,"FOR FIELD DUTY IN CONNECTION WITH OPERATION OF THE SUMMER TRAINING CENTER AT THAT STATION.' UPON COMPLETION OF THE MISSION YOU WERE TO RETURN TO FORT HOOD. THE ORDERS FURTHER PROVIDE "ALL TVL AND TDY PERFORMED UNDER THIS ORDER CONSTITUTES DUTY OF A TYPE CONTEMPLATED BY PARA 4201.6, JTR. (PARA 4, SR 35-3080-5).'

IT APPEARS FROM THE RECORD THAT HEADQUARTERS, FORT HOOD, TEXAS, DENIED YOUR REQUEST TO AMEND LETTER ORDERS OF MAY 4, 1955--- TO PROVIDE FOR PAYMENT OF PER DIEM--- FOR THE REASON THAT THE TYPE OF DUTY AS DEFINED IN PARAGRAPH 4201-6 OF THE JOINT TRAVEL REGULATIONS PRECLUDED SUCH PAYMENT. YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION IN THE SETTLEMENT OF FEBRUARY 20, 1957, ON THE BASIS THAT THE DUTY PERFORMED BY YOU CONSTITUTED DUTY OF A TYPE CONTEMPLATED UNDER THE CITED REGULATIONS.

YOU STATE THAT THE DUTY PERFORMED BY YOU WAS NOT FIELD DUTY AS CONTEMPLATED BY THE REGULATIONS, BUT RATHER WAS THAT OF A DETACHMENT COMMANDER AT AN INSTALLATION WHICH WAS IN A STANDBY STATUS AWAY FROM YOUR PLACE OF DUTY. TO FURTHER SUPPORT YOUR CONTENTION THAT YOU WERE NOT ON FIELD DUTY, YOU SAY THAT YOU RESIDED IN BACHELOR OFFICERS' QUARTERS WITH THE SAME ACCOMMODATIONS OFFERED TO BACHELOR OFFICERS STATIONED ON ANY ACTIVE ARMY POST. IN SUBMITTING YOUR ORIGINAL CLAIM YOU SAID IN LETTER DATED SEPTEMBER 5, 1956, THAT YOU WERE THE OFFICER IN CHARGE OF A DETACHMENT WHICH OPERATED THE BILLETING AND MESSING FACILITIES AT FORT CROCKETT FOR THE USE OF TROOPS FROM FORT HOOD, TEXAS, AND THAT YOU WERE NOT DIRECTLY INVOLVED WITH TRAINING OF ANY TYPE.

PARAGRAPH 4201-6, CHANGE 29, JOINT TRAVEL REGULATIONS, IN EFFECT DURING THE PERIOD OF YOUR CLAIM, PRECLUDED THE PAYMENT OF PER DIEM FOR FIELD DUTY, INCLUDING MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES, TRAINING ENCAMPMENTS FOR CIVILIAN COMPONENTS, AND OTHER SIMILAR ACTIVITIES, WHERE BOTH RATIONS IN KIND (INCLUDING FIELD RATIONS) AND QUARTERS ARE AVAILABLE OR FURNISHED WHETHER OR NOT SUCH FACILITIES ARE UTILIZED.

THE ORDERS OF MAY 4, 1955, EXPRESSLY SPECIFIED THAT THE DUTY PERFORMED UNDER THOSE ORDERS CONSTITUTED DUTY OF A TYPE CONTEMPLATED BY PARAGRAPH 4201-6 OF THE JOINT TRAVEL REGULATIONS. ALSO, SPECIAL REGULATIONS 35-3080 -5, CITED IN THE ORDERS, PRECLUDES PAYMENT OF PER DIEM FOR THE TYPE OF DUTY SPECIFIED. GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE OR FURNISHED. THE FACT THAT YOU OCCUPIED BACHELOR OFFICERS' QUARTERS WOULD NOT CHANGE THE TYPE OF DUTY SPECIFIED IN THE ORDERS. THE DUTIES ASSIGNED YOU CLEARLY WERE A NECESSARY PART IN THE OVERALL OPERATION OF THE SUMMER TRAINING CENTER AT FORT CROCKETT.

UNDER THE CIRCUMSTANCES SHOWN, IT MUST BE CONCLUDED THAT THE TEMPORARY DUTY PERFORMED BY YOU UNDER THE ORDERS OF MAY 4, 1955, FALLS WITHIN THE MEANING OF "FIELD DUTY" OR "OTHER SIMILAR ACTIVITIES" AS THOSE TERMS ARE USED IN THE REGULATIONS.

ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 20, 1957, MUST BE AND IS SUSTAINED.