B-134036, MAR. 3, 1958

B-134036, MAR. 3, 1958

TO LIEUTENANT COLONEL PAUL D. PARKER, USMC:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 9, 1957, RELATIVE TO YOUR CLAIM FOR PER DIEM FOR TEMPORARY ADDITIONAL DUTY AT THE NAVAL AIR STATION, CUBI POINT, PHILIPPINE ISLANDS, FOR THE PERIOD MARCH 14 THROUGH APRIL 1, 1957.

THE DUTY WAS PERFORMED UNDER GROUP TRAVEL ORDERS WHICH REQUIRED YOU TO OBTAIN THE NECESSARY ENDORSEMENTS OR CERTIFICATES INDICATING THE AVAILABILITY AND UTILIZATION OF GOVERNMENT QUARTERS AND MESSING FACILITIES, AND PERIODS OF FIELD DUTY WITHIN THE MEANING OF PARAGRAPH 4250 -3, JOINT TRAVEL REGULATIONS. YOUR CLAIM SUPPORTED BY YOUR STATEMENT DATED JUNE 10, 1957, WAS PRESENTED TO THE DISBURSING OFFICER OF YOUR ORGANIZATION WHO, FINDING NO BASIS UNDER THE REGULATIONS TO DO SO, REFUSED TO PAY IT. ON JUNE 21, 1957, YOU AMENDED YOUR CLAIM WITH A SUPPLEMENTARY STATEMENT. THE CLAIM, TOGETHER WITH BOTH STATEMENTS, THE REQUIRED ENDORSEMENTS AND ADMINISTRATIVE STATEMENTS, WAS FORWARDED TO US BY HEADQUARTERS, U.S. MARINE CORPS WITH THE ADVICE THAT PAYMENT WOULD NOT BE MADE BY THE MARINE CORPS. THE DISALLOWANCE OF YOUR CLAIM WAS SUSTAINED IN OUR DECISION B-134036, DATED NOVEMBER 19, 1957, FOR THE REASON THAT YOU WERE IN EITHER A GROUP TRAVEL OR A FIELD DUTY STATUS DURING THE PERIOD INVOLVED AND, SINCE BOTH GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE, THERE WAS NO AUTHORITY UNDER APPLICABLE PROVISIONS OF THE JOINT TRAVEL REGULATIONS FOR THE ALLOWANCE OF YOUR CLAIM.

YOU EXPRESS THE BELIEF THAT THERE ARE THREE PERTINENT ISSUES INVOLVED IN YOUR CLAIM. THE FIRST IS WHETHER YOU SHOULD BE ALLOWED $1.50 FOR THE EVENING MEAL AT NAVAL AIR STATION, CUBI POINT, ON MARCH 14, 1957, IT BEING YOUR CONTENTION THAT THE FLIGHT WAS PLANNED TO CONTINUE OVER ONE MEAL HOUR AND ACTUALLY CONTINUED OVER TWO MEAL HOURS, AND THAT BOX LUNCHES AT GOVERNMENT EXPENSE WERE AVAILABLE FOR ONLY ONE MEAL PER PASSENGER. YOU STATE THAT YOU WERE REQUIRED TO SECURE THE EVENING MEAL AT AN OPEN MESS AT CUBI POINT. IN A REPORT DATED JUNE 27, 1957, THE DISBURSING OFFICER STATED THAT "BOX LUNCHES WERE AVAILABLE TO LIEUTENANT COLONEL PARKER ON 14 MARCH 1957.' TO THE EXTENT THAT YOUR CLAIM CONTROVERTS SUCH OFFICIAL REPORT, THIS OFFICE NECESSARILY MUST BASE ITS ACTION ON THE ADMINISTRATIVE REPORT IN THE ABSENCE OF EVIDENCE CLEARLY ESTABLISHING THE LATTER TO BE ERRONEOUS. IN ANY EVENT, IT IS CLEAR THAT GOVERNMENT MESSING FACILITIES WERE AVAILABLE AT CUBI POINT AND IN SUCH CIRCUMSTANCES A RIGHT TO PER DIEM COULD NOT ACCRUE BY VIRTUE OF THE PURCHASE OF A MEAL AT AN OPEN MESS AT THAT PLACE.

CONCERNING THE SECOND ISSUE YOU HAVE RAISED, THE TERM "RATIONS IN KIND" AS USED IN PARAGRAPH 4250-3 OF THE JOINT TRAVEL REGULATIONS MEANS MEALS FURNISHED AT A GOVERNMENT MESS OF ANY KIND WHICH IS IN OPERATION DURING A PERIOD OF MANEUVERS, FIELD EXERCISES, ETC. NORMALLY, OFFICERS ARE REQUIRED TO PAY FOR SUCH MEALS AT A RATE WHICH IS COMMENSURATE WITH THE BASIC ALLOWANCE FOR SUBSISTENCE WHICH IS PAYABLE TO AN OFFICER AT ALL TIMES. IS NOT REQUIRED THAT OFFICERS BE FURNISHED MEALS FREE OF CHARGE IN ORDER FOR SUCH MEALS TO BE VIEWED AS "RATIONS IN KIND" WITHIN THE MEANING OF THAT TERM AS USED IN THE CITED REGULATIONS. AS TO THE PROVISIONS OF PARAGRAPH 4451-3 OF THE JOINT TRAVEL REGULATIONS WHICH YOU CITE, YOU ARE ADVISED THAT SUCH REGULATIONS APPLY TO ORDINARY TEMPORARY DUTY, NOT DUTY OF THE MANEUVER FIELD EXERCISE TYPE COVERED BY PARAGRAPH 4250-3, WHICH WAS PERFORMED BY YOU DURING THE PERIOD OF YOUR CLAIM. SINCE RATIONS IN KIND WERE AVAILABLE TO YOU AT THAT TIME, NO RIGHT TO PER DIEM ACCRUED TO YOU.

WITH RESPECT TO YOUR CONTENTION THAT SINCE TWO OF THE FOUR MEMBERS COVERED BY YOUR GROUP TRAVEL ORDERS DID NOT RETURN WITH YOU TO YOUR PERMANENT STATION IN JAPAN, YOU WERE NOT IN A GROUP TRAVEL STATUS ON THE DAY OF SUCH TRAVEL--- GROUP TRAVEL INVOLVES TRAVEL OF THREE OR MORE MEMBERS--- THE REPORT OF JUNE 27, 1957, STATED THAT YOU TRAVELED WITH OTHER MEMBERS OF YOUR UNIT WHO WERE BEING AIRLIFTED AT VARIOUS DATES FROM THE PHILIPPINES. IN THE CIRCUMSTANCES, AND SINCE IT APPEARS THAT SUCH TRAVEL WAS ACCOMPLISHED AT NO EXPENSE TO YOU, THERE APPEARS TO BE NO BASIS TO QUESTION YOUR GROUP TRAVEL STATUS AT THAT TIME.

YOUR LETTER FURNISHES NO EVIDENCE OR MATERIAL INFORMATION NOT PREVIOUSLY CONSIDERED AND, HENCE, AFFORDS NO BASIS FOR MODIFICATION OF OUR PRIOR ACTION IN THE MATTER.