B-134349, FEB. 26, 1958

B-134349: Feb 26, 1958

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HARRISON: REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 25. YOU WERE INCLUDED IN A GROUP OF ENLISTED MEN WHO WERE DIRECTED TO REPORT TO DETACHMENT GEORGE AT DAVISVILLE. YOU WERE DIRECTED TO PROCEED AND BOARD THE U.S.S. AFTER COMPLETION OF THE DUTY YOU SUBMITTED A CLAIM FOR PER DIEM WHICH WAS FORWARDED HERE AND WAS DISALLOWED ON THE BASIS OF PARAGRAPH 4250-3 OF THE JOINT TRAVEL REGULATIONS. WHICH PROVIDES THAT PER DIEM IS NOT PAYABLE WHILE MEMBERS ARE PARTICIPATING IN MANEUVERS. OTHER SIMILAR ACTIVITIES WHERE BOTH RATIONS IN KIND AND QUARTERS ARE AVAILABLE OR FURNISHED. IT IS STATED THAT: "THE INTENT OF YOUR ORDERS WAS TO REPORT TO DETACHMENT GEORGE FOR TEMPORARY ADDITIONAL DUTY FOR A PERIOD OF APPROXIMATELY SIX MONTHS.'.

B-134349, FEB. 26, 1958

TO MR. RAYMOND G. HARRISON:

REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 25, 1957, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF SEPTEMBER 23, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD NOVEMBER 9, 1955, TO APRIL 23, 1956, WHILE SERVING WITH OPERATION DEEPFREEZE I.

BY ORDERS DATED NOVEMBER 8, 1955, YOU WERE INCLUDED IN A GROUP OF ENLISTED MEN WHO WERE DIRECTED TO REPORT TO DETACHMENT GEORGE AT DAVISVILLE, RHODE ISLAND,"FOR DUTY FOR APPROXIMATELY 6 MONTHS.' BY SECOND ENDORSEMENT DATED NOVEMBER 9, 1955, WHICH PROVIDED THAT PER DIEM WOULD BE PAID IN ACCORDANCE WITH THE JOINT TRAVEL REGULATIONS, YOU WERE DIRECTED TO PROCEED AND BOARD THE U.S.S. WYANDOT AT NORFOLK, VIRGINIA, FOR TRANSPORTATION TO ANTARCTICA "FOR DUTY" IN CONNECTION WITH DEEPFREEZE I. AFTER COMPLETION OF THE DUTY YOU SUBMITTED A CLAIM FOR PER DIEM WHICH WAS FORWARDED HERE AND WAS DISALLOWED ON THE BASIS OF PARAGRAPH 4250-3 OF THE JOINT TRAVEL REGULATIONS, WHICH PROVIDES THAT PER DIEM IS NOT PAYABLE WHILE MEMBERS ARE PARTICIPATING IN MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES, AND OTHER SIMILAR ACTIVITIES WHERE BOTH RATIONS IN KIND AND QUARTERS ARE AVAILABLE OR FURNISHED.

BY SIXTH ENDORSEMENT OF DECEMBER 20, 1956, ON YOUR ORDERS OF NOVEMBER 8, 1955, IT IS STATED THAT:

"THE INTENT OF YOUR ORDERS WAS TO REPORT TO DETACHMENT GEORGE FOR TEMPORARY ADDITIONAL DUTY FOR A PERIOD OF APPROXIMATELY SIX MONTHS.'

TO CLARIFY NAVY DEPARTMENT POLICY IN REGARD TO ISSUANCE OF TEMPORARY ADDITIONAL DUTY ORDERS AUTHORIZING THE PAYMENT OF PER DIEM TO MEMBERS OF MOBILE UNITS WHEN DEPLOYED AWAY FROM THE PERMANENT DUTY STATION DESIGNATED FOR THAT UNIT, THE SECRETARY OF THE NAVY ISSUED SECNAV INSTRUCTIONS 7220.19 UNDER DATE OF JUNE 4, 1956, PARAGRAPH 6 OF WHICH PROVIDED THAT:

"C. MEMBERS WHO HAVE COMPLETED A PERIOD OF TEMPORARY ADDITIONAL DUTY AND WHO, PRIOR TO RECEIPT OF THIS INSTRUCTION, WERE ISSUED WRITTEN TEMPORARY ADDITIONAL DUTY ORDERS WHICH WERE DIRECTED TO AN INDIVIDUAL OR TO A GROUP WITH EACH INDIVIDUAL NAMED WILL BE PAID THE APPROPRIATE PER DIEM ALLOWANCE.

"D. MEMBERS WHO HAVE COMPLETED A PERIOD OF TEMPORARY ADDITIONAL DUTY, FOR WHICH THE REQUIRED WRITTEN ORDERS WERE NOT ISSUED PRIOR TO THE DATE OF THIS INSTRUCTION, WILL NOT BE ISSUED CONFIRMING ORDERS.'

SINCE YOUR BASIC ORDERS AND SECOND ENDORSEMENT OF NOVEMBER 9, 1955, DIRECTED "DUTY," AS DISTINGUISHED FROM "TEMPORARY DUTY," AND THE SIXTH ENDORSEMENT ON THESE ORDERS PURPORTING TO SHOW THAT IT WAS THE INTENTION TO DIRECT TEMPORARY DUTY, EVEN IF IT COULD BE REGARDED AS AN OTHERWISE EFFECTIVE MODIFICATION OF YOUR BASIC ORDERS, WAS NOT ISSUED UNTIL AFTER JUNE 4, 1956, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 23, 1957, IS SUSTAINED.

YOU ALSO STATE IN THE LETTER OF OCTOBER 25, 1957, THAT OTHER MEMBERS OF DETACHMENT GEORGE HAVE RECEIVED PER DIEM IN CONNECTION WITH OPERATION DEEPFREEZE I. IF, IN FACT, CLAIMS SIMILAR TO YOURS HAVE BEEN PAID, SUCH PAYMENTS WERE ERRONEOUS AND AFFORD NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR ..END :