B-132511, AUG. 28, 1957

B-132511: Aug 28, 1957

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O-1949852: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 24. YOU WERE PLACED ON TEMPORARY DUTY FOR APPROXIMATELY 95 DAYS BEGINNING FEBRUARY 6. UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR STATION. THE DUTY WAS EXTENDED TO APPROXIMATELY 106 DAYS BY AMENDATORY ORDERS DATED MAY 8. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT PARAGRAPH 4201.6. PROVIDES THAT PER DIEM ALLOWANCES ARE NOT PAYABLE WHILE PARTICIPATING IN MANEUVERS. OTHER SIMILAR ACTIVITIES (INCLUDING DUTY AS OBSERVER OR UMPIRE) WHERE BOTH RATIONS IN KIND (INCLUDING FIELD RATIONS) AND QUARTERS ARE AVAILABLE OR FURNISHED. WHETHER OR NOT SUCH FACILITIES ARE UTILIZED. IN YOUR PRESENT LETTER YOU POINT OUT THAT THE SAID REGULATIONS FURTHER PROVIDE THAT SUCH LIMITATION DOES NOT APPLY (1) WHEN PARTICIPATION IN THE TYPES OF DUTY SPECIFIED ABOVE INVOLVE TEMPORARY DUTY ON AN INSTALLATION OF THE UNIFORMED SERVICES AND PER DIEM IS AUTHORIZED IN ACCORDANCE WITH REGULATIONS ISSUED BY THE SECRETARY OF THE UNIFORMED SERVICE CONCERNED.

B-132511, AUG. 28, 1957

TO CAPTAIN WILLIAM T. MATTHIAS, TC, O-1949852:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 24, 1957, REQUESTING REVIEW OF THE SETTLEMENT OF MAY 8, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR TEMPORARY DUTY DURING THE PERIOD FEBRUARY 6 TO MAY 21, 1956.

BY ORDERS DATED JANUARY 31, 1956, FORT DIX, NEW JERSEY, YOU WERE PLACED ON TEMPORARY DUTY FOR APPROXIMATELY 95 DAYS BEGINNING FEBRUARY 6, 1956, AND DIRECTED TO PROCEED TO SUPPORT GROUP HEADQUARTERS RAINDROP III, CAMP KILMER, NEW JERSEY, FOR THE PURPOSE OF PARTICIPATING IN THE EXERCISE, UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR STATION. THE ORDERS SPECIFICALLY PROVIDED THAT ALL TRAVEL AND TEMPORARY DUTY PERFORMED UNDER IT CONSTITUTED DUTY OF THE TYPE CONTEMPLATED BY PARAGRAPH 4201.6, JOINT TRAVEL REGULATIONS. THE DUTY WAS EXTENDED TO APPROXIMATELY 106 DAYS BY AMENDATORY ORDERS DATED MAY 8, 1956.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT PARAGRAPH 4201.6, JOINT TRAVEL REGULATIONS, PROVIDES THAT PER DIEM ALLOWANCES ARE NOT PAYABLE WHILE PARTICIPATING IN MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES, TRAINING ENCAMPMENTS FOR THE RESERVE COMPONENTS OR RESERVE OFFICERS TRAINING CORPS STUDENTS, AND OTHER SIMILAR ACTIVITIES (INCLUDING DUTY AS OBSERVER OR UMPIRE) WHERE BOTH RATIONS IN KIND (INCLUDING FIELD RATIONS) AND QUARTERS ARE AVAILABLE OR FURNISHED, WHETHER OR NOT SUCH FACILITIES ARE UTILIZED. IN YOUR PRESENT LETTER YOU POINT OUT THAT THE SAID REGULATIONS FURTHER PROVIDE THAT SUCH LIMITATION DOES NOT APPLY (1) WHEN PARTICIPATION IN THE TYPES OF DUTY SPECIFIED ABOVE INVOLVE TEMPORARY DUTY ON AN INSTALLATION OF THE UNIFORMED SERVICES AND PER DIEM IS AUTHORIZED IN ACCORDANCE WITH REGULATIONS ISSUED BY THE SECRETARY OF THE UNIFORMED SERVICE CONCERNED, OR (2) DURING THE PERIOD A MEMBER IS ACTUALLY ENGAGED IN THE ADVANCE PLANNING OR CRITIQUE PHASES OF THE OPERATION. YOU POINT OUT THAT OTHER OFFICERS WERE GIVEN ADDITIONAL DUTIES, UNDER ORDERS WHICH YOU HAVE FURNISHED, AUTHORIZING PER DIEM EXCEPT FOR THE PERIOD FROM 0830 ON APRIL 21 TO 1500 ON APRIL 22, 1956, AND CONTEND THAT A DEFINITE INEQUITY EXISTS. YOU EXPRESS THE BELIEF THAT YOUR CLAIM SHOULD BE RECONSIDERED ON THE BASIS OF SUCH INEQUITY.

THE ORDERS ADDRESSED TO YOU, COPY OF WHICH YOU FURNISHED, STATE THAT YOU WOULD PARTICIPATE IN THE EXERCISE AND CLEARLY PROVIDE THAT "ALL"TRAVEL AND TEMPORARY DUTY WAS OF THE TYPE CONTEMPLATED BY PARAGRAPH 4201.6, JOINT TRAVEL REGULATIONS. THERE IS NO INDICATION IN THE ORDERS, THE AMENDATORY ORDERS, OR OTHER RECORDS FURNISHED US TO INDICATE THAT ANY OF THE DUTY WAS IN THE ADVANCE PLANNING OR CRITIQUE PHASES OF THE EXERCISE. APPARENTLY YOU CONCEDE THAT SUCH IS THE CASE. THEREFORE, WHILE IT MAY APPEAR INEQUITABLE TO YOU THAT OTHERS WERE ISSUED ORDERS UNDER WHICH PER DIEM COULD BE PAID, THERE IS NO BASIS ON WHICH PER DIEM MAY BE AUTHORIZED IN YOUR CASE. THE SETTLEMENT OF MAY 8, 1957, WAS CORRECT AND IS SUSTAINED.