B-131977, JUL. 31, 1957

B-131977, JUL. 31, 1957

TO MASTER SERGEANT RUSSELL D. HENDERSON:

REFERENCE IS MADE TO YOUR UNDATED LETTER ADDRESSED TO ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, CONCERNING OUR SETTLEMENT OF APRIL 3, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR TRAVEL BY MILITARY AIRCRAFT FROM HAMILTON FIELD, CALIFORNIA, TO KEFLAVIC ISLAND, ICELAND, DURING THE PERIOD JUNE 30 TO AUGUST 12, 1942.

YOUR CLAIM IS BASED ON PARAGRAPH 4, SPECIAL ORDERS NO. 167, DATED JUNE 16, 1942. THOSE ORDERS PROVIDED THAT THE PERSONNEL NAMED THEREIN, COMPRISING THE AIR ECHELON, 14TH FIGHTER GROUP (TE), ARMY AIR FORCES, HAMILTON FIELD, CALIFORNIA, WERE TO BE TRANSFERRED TO AN UNNAMED DESTINATION AS A PERMANENT CHANGE OF STATION, MOVEMENT TO BE MADE BY AIR BETWEEN JUNE 16 AND JULY 15, 1942.

THE ORDERS FURTHER PROVIDED THAT SELECTED CREW CHIEFS WOULD TRAVEL BY MILITARY AIRCRAFT, AND THAT A FLAT PER DIEM OF $6 PER DAY IN LIEU OF SUBSISTENCE WAS AUTHORIZED. THE ORDERS DO NOT SHOW, HOWEVER, WHICH MEN WERE SELECTED AS CREW CHIEFS. SUBSEQUENT ORDERS PERTAINING TO TRAVEL AFTER JULY 15, 1942, OR FOR ASSIGNMENT TO ICELAND, HAVE NOT BEEN FURNISHED AND APPARENTLY CANNOT BE OBTAINED BY YOU.

IN THE SETTLEMENT MENTIONED ABOVE YOU WERE ALLOWED $21.60 AS AN ALLOWANCE FOR QUARTERS AND SUBSISTENCE ON DAYS WHEN MESSING FACILITIES AND SHELTER WERE NOT AVAILABLE WHILE PERFORMING TRAVEL DURING THE PERIOD JUNE 30 TO JULY 7, 1942, UNDER THE ORDERS OF JUNE 16, 1942. THE AMOUNT ALLOWED WAS COMPUTED ON THE BASIS OF RATES ESTABLISHED BY EXECUTIVE ORDER NO. 9206 EFFECTIVE JUNE 1, 1942. YOUR CLAIM FOR PER DIEM ALLOWANCE OF $6 PER DAY WAS DISALLOWED BY THE SETTLEMENT, IT BEING STATED THAT YOU WERE IN A TROOP TRAVEL STATUS FOR WHICH PER DIEM IS NOT AUTHORIZED, AND THAT THE ORDERS INDICATE ONLY CREW CHIEFS WERE AUTHORIZED PER DIEM. IN YOUR PRESENT LETTER YOU STATE YOU WERE A CREW CHIEF; THAT ALL THE PEOPLE INVOLVED IN THE MOVEMENT WERE EITHER CREW CHIEFS OR PILOTS FLYING THE PLANES; THAT NO TRANSPORT CREW CHIEFS WERE INCLUDED IN THE ORDERS AND THAT YOU BELIEVE OTHER ENLISTED MEN WERE PAID PER DIEM.

AT THE TIME HERE INVOLVED THERE WAS IN EFFECT SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 354, WHICH PROVIDES THAT FOR TRAVEL BY AIR UNDER COMPETENT ORDERS "WITHOUT TROOPS," UNDER REGULATIONS TO BE PRESCRIBED BY THE HEADS OF THE DEPARTMENTS CONCERNED, MEMBERS OF THE UNIFORMED SERVICES (INCLUDING ENLISTED MEN) MAY BE AUTHORIZED A PER DIEM ALLOWANCE NOT TO EXCEED $6 PER DAY. PARAGRAPH 4, ARMY REGULATIONS 35- 4820, DEFINES TRAVEL WITH TROOPS AS TRAVEL UNDER ORDERS FOR MOVEMENT, IN WHATEVER MANNER, OF A BODY OF 50 OR MORE MEN, EXCLUSIVE OF OFFICERS, TRAVELING TOGETHER, OR A SEPARATE GROUP OF MEN OF LESSER NUMBER WHO ARE RATIONED IN KIND INSTEAD OF ON A COMMUTED, PER DIEM, OR MEAL TICKET BASIS. SINCE IT SEEMS CLEAR THAT YOU WERE IN A TRAVEL WITH TROOPS STATUS, THERE IS NO BASIS FOR ALLOWANCE OF YOUR CLAIM FOR PER DIEM. RECORDS AVAILABLE TO US DO NOT SHOW PAYMENT OF THE PER DIEM TO OTHER ENLISTED MEN INVOLVED IN THE SAME MOVEMENT.

ACCORDINGLY, THE SETTLEMENT OF APRIL 3, 1957, WAS CORRECT AND IS SUSTAINED.