B-134309, DEC. 17, 1957

B-134309: Dec 17, 1957

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BORKENHAGEN: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 9. UPON COMPLETION OF SUCH DUTY YOU WERE TO RETURN TO YOUR PROPER ORGANIZATION AND STATION. YOUR CLAIM FOR PER DIEM FOR THE PERIOD INVOLVED WAS DISALLOWED ON THE BASIS THAT THE DUTY PERFORMED WAS NOT CONSIDERED TO BE PUBLIC BUSINESS. REGULATIONS ISSUED UNDER THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 3050 OF SUCH REGULATIONS PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE IN A TRAVEL STATUS. PARAGRAPH 1B OF SUCH REGULATIONS STATES ALL SMALL ARMS COMPETITIVE MARKSMANSHIP PROGRAMS UP TO AND INCLUDING NATIONAL RIFLE ASSOCIATION REGIONAL TOURNAMENTS AND THE NATIONAL MATCHES "WILL BE CLASSIFIED TRAINING.'.

B-134309, DEC. 17, 1957

TO MR. WILLIAM E. BORKENHAGEN:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 9, 1957, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF AUGUST 22, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD AUGUST 18 TO 24, 1956, INCIDENT TO TRAVEL AND DUTY PERFORMED UNDER LETTER ORDERS DATED AUGUST 13, 1956.

THE ORDERS OF AUGUST 13, 1956, ISSUED BY HEADQUARTERS, 60TH INFANTRY, APO 176, PLACED YOU AND OTHER NAMED PERSONNEL ON TEMPORARY DUTY TO THE ALL ARMS TRAINING CENTER, BRITISH FORCES OF THE RHINE, SENNELAGER, GERMANY, FOR A PERIOD OF SEVEN DAYS, EFFECTIVE AUGUST 18, 1956, FOR THE PURPOSE OF PARTICIPATING IN THE NATO PRIX GENERAL LECLERC MATCH. UPON COMPLETION OF SUCH DUTY YOU WERE TO RETURN TO YOUR PROPER ORGANIZATION AND STATION.

THE ITINERARY YOU SUBMITTED IN SUPPORT OF YOUR CLAIM SHOWS THAT YOU DEPARTED FROM HEILBRONN, GERMANY, AT 8 A.M. AUGUST 18, 1956, AND ARRIVED AT FRANKFURT, GERMANY, AT 3 P.M. ON THE SAME DAY; THAT YOU LEFT FRANKFURT AT 9 A.M. ON AUGUST 20, AND ARRIVED AT RHINE SENNELAGER, GERMANY, AT 3 P.M. ON THE SAME DAY; AND THAT YOU LEFT THE LATTER PLACE AT 9:30 A.M. ON AUGUST 24, 1956, AND ARRIVED BACK AT HEILBRONN 12 1/2 HOURS LATER. YOUR CLAIM FOR PER DIEM FOR THE PERIOD INVOLVED WAS DISALLOWED ON THE BASIS THAT THE DUTY PERFORMED WAS NOT CONSIDERED TO BE PUBLIC BUSINESS.

SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 37 U.S.C. 253, PROVIDES FOR THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES TO MEMBERS OF THE UNIFORMED SERVICES TRAVELING UNDER COMPETENT ORDERS AWAY FROM THEIR DESIGNATED POSTS OF DUTY, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED. REGULATIONS ISSUED UNDER THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 3050 OF SUCH REGULATIONS PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE IN A TRAVEL STATUS, AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS "WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS, INCLUDING NECESSARY DELAYS EN ROUTE INCIDENT TO MODE OF TRAVEL AND PERIODS OF NECESSARY TEMPORARY OR TEMPORARY ADDITIONAL DUTY.' WHILE IT HAS BEEN HELD THAT TRAVEL OF ARMY PERSONNEL FOR PARTICIPATION IN RIFLE AND PISTOL MATCHES MAY BE DETERMINED TO BE NECESSARY IN THE MILITARY SERVICE BY APPROPRIATE AUTHORITY AND THUS MAY BE REGARDED AS TRAVEL ON PUBLIC BUSINESS, APPLICABLE REGULATIONS RELATING TO COMPETITION IN SMALL ARMS CONTAINED IN ARMY REGULATIONS 622-10, CLASSIFY INTERNATIONAL COMPETITIVE SMALL ARMS PROGRAMS IN A DIFFERENT CATEGORY. PARAGRAPH 1B OF SUCH REGULATIONS STATES ALL SMALL ARMS COMPETITIVE MARKSMANSHIP PROGRAMS UP TO AND INCLUDING NATIONAL RIFLE ASSOCIATION REGIONAL TOURNAMENTS AND THE NATIONAL MATCHES "WILL BE CLASSIFIED TRAINING.' SUBPARAGRAPH C PROVIDES THAT "INTERNATIONAL COMPETITIVE SMALL ARMS PROGRAMS WILL BE CLASSIFIED AS SPORTING EVENTS.' WHILE PARTICIPATION IN THE NATO PRIX GENERAL LECLERC MATCH--- APPARENTLY AN INTERNATIONAL SMALL ARMS MATCH--- MAY BE RECOGNIZED AS A PART OF THE RECREATIONAL PROGRAM OF THE ARMY GENERALLY, TRAVEL FOR AND PARTICIPATION IN SUCH SPORTING EVENT MAY NOT BE CONSIDERED AS CONSTITUTING THE PERFORMANCE OF PUBLIC BUSINESS, WITHIN THE PURVIEW OF THE JOINT TRAVEL REGULATIONS. SEE IN THAT CONNECTION, PARAGRAPH 6454 OF SUCH REGULATIONS WHICH PROVIDES THAT "EXPENSES INCURRED DURING PERIODS OF TRAVEL UNDER ORDERS WHICH DO NOT INVOLVE PUBLIC BUSINESS (SUCH AS TRAVEL IN CONNECTION WITH NONOFFICIAL RECREATIONAL PROGRAMS) ARE NOT PAYABLE BY THE GOVERNMENT.'

SINCE THE TEMPORARY DUTY PERFORMED UNDER THE ORDERS OF AUGUST 13, 1956, MAY NOT BE CONSIDERED TO BE PUBLIC BUSINESS UNDER THE REGULATIONS, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF AUGUST 22, 1957, IS SUSTAINED.