B-134464, FEB. 12, 1958

B-134464: Feb 12, 1958

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SERGEANT POGUE IS ASSIGNED TO DUTY AT A STATION WHERE THERE ARE NO MESSING FACILITIES. WHEN HIS PER DIEM WAS COMPUTED. WAS MADE. YOUR QUESTION IS WHETHER THE DEDUCTION FROM PER DIEM IN THE AMOUNT OF $1.50 FOR EACH OF TWO MEALS ON ACCOUNT OF THE BASIC ALLOWANCE FOR SUBSISTENCE SO PAID WAS PROPER. AUTHORIZES THE PAYMENT OF A BASIC ALLOWANCE FOR SUBSISTENCE AT THE RATE OF $2.565 A DAY TO ENLISTED PERSONNEL WHEN RATIONS IN KIND ARE NOT AVAILABLE PROVIDED. THAT SUCH ALLOWANCE SHALL NOT ACCRUE WHEN SUCH PERSONS "ARE. ISSUED UNDER AUTHORITY OF SUBSECTION 301 (D) OF THIS ACT STATES THAT ENLISTED MEMBERS SHALL BE CONSIDERED AS BEING SUBSISTED AT GOVERNMENT EXPENSE WHILE THEY ARE IN A TRAVEL STATUS AND ENTITLED TO A PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE.

B-134464, FEB. 12, 1958

TO CAPTAIN E. C. VAN HOOREBEKE, FINANCE OFFICER, DEPARTMENT OF THE ARMY:

YOUR LETTER DATED OCTOBER 11, 1957, FORWARDED HERE BY THE CHIEF OF FINANCE BY SECOND INDORSEMENT OF NOVEMBER 19, 1957, REQUESTS AN ADVANCE DECISION REGARDING THE PAYMENT OF A CLAIM SUBMITTED BY MASTER SERGEANT EARL W. POGUE.

SERGEANT POGUE IS ASSIGNED TO DUTY AT A STATION WHERE THERE ARE NO MESSING FACILITIES, THUS ENTITLING HIM TO BASIC ALLOWANCE FOR SUBSISTENCE. UNDER PARAGRAPH 10 OF TEMPORARY DUTY ORDERS OF SEPTEMBER 9, 1957, SERGEANT POGUE DEPARTED HIS PERMANENT DUTY STATION AT 9:30 A.M. ON SEPTEMBER 12, 1957, AND RETURNED AT 2 P.M. ON SEPTEMBER 14, 1957. WHEN HIS PER DIEM WAS COMPUTED, A DEDUCTION OF $1.50 EACH FOR BREAKFAST ON SEPTEMBER 12, AND SUPPER ON SEPTEMBER 14, WAS MADE, APPARENTLY BECAUSE HE HAD BEEN CREDITED WITH A PARTIAL BASIC ALLOWANCE FOR SUBSISTENCE FOR THE DAY OF DEPARTURE AND THE DAY OF RETURN IN THE MANNER PRESCRIBED BY PARAGRAPH 8C, OF ARMY REGULATION 35-1460, FEBRUARY 17, 1956. YOUR QUESTION IS WHETHER THE DEDUCTION FROM PER DIEM IN THE AMOUNT OF $1.50 FOR EACH OF TWO MEALS ON ACCOUNT OF THE BASIC ALLOWANCE FOR SUBSISTENCE SO PAID WAS PROPER.

SECTION 301 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, AS AMENDED, AUTHORIZES THE PAYMENT OF A BASIC ALLOWANCE FOR SUBSISTENCE AT THE RATE OF $2.565 A DAY TO ENLISTED PERSONNEL WHEN RATIONS IN KIND ARE NOT AVAILABLE PROVIDED, HOWEVER, THAT SUCH ALLOWANCE SHALL NOT ACCRUE WHEN SUCH PERSONS "ARE, IN FACT, BEING SUBSISTED AT GOVERNMENT EXPENSE.' SECTION 3 (E), EXECUTIVE ORDER NO. 10119, MARCH 27, 1950, ISSUED UNDER AUTHORITY OF SUBSECTION 301 (D) OF THIS ACT STATES THAT ENLISTED MEMBERS SHALL BE CONSIDERED AS BEING SUBSISTED AT GOVERNMENT EXPENSE WHILE THEY ARE IN A TRAVEL STATUS AND ENTITLED TO A PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE. WITH RESPECT TO THE PROPORTION OF THE BASIC ALLOWANCE FOR SUBSISTENCE FOR THAT PART OF A DAY PRIOR TO COMMENCEMENT OF OR SUBSEQUENT TO TERMINATION OF A TRAVEL STATUS PARAGRAPH 8C OF AR 35-1460 PROVIDES AS OLLOWS:

TABLE

FRACTIONAL PART OF

"COMMENCEMENT OF TRAVEL STATUS BAS AUTHORIZED ON OR BEFORE 0600

NONE AFTER 0600 AND ON OR BEFORE 1200 $0.57 AFTER 1200 AND ON OR BEFORE 1800 1.57 AFTER 1800 2.57

"TERMINATION OF TRAVEL STATUS ON OR BEFORE 0600 2.57 AFTER 0600 AND ON OR BEFORE 1200 2.00 AFTER 1200 AND ON OR BEFORE 1800 1.00 AFTER 1800 NONE"

SINCE IT APPEARS THAT ON THE BASIS SET OUT IN THE ABOVE TABLE, SERGEANT POGUE WAS ENTITLED TO A BASIC ALLOWANCE FOR SUBSISTENCE IN THE TOTAL AMOUNT OF $1.57 ON ACCOUNT OF PERIODS DURING SEPTEMBER 12 AND SEPTEMBER 14, 1957, WHEN HE WAS NOT IN A TRAVEL STATUS, THE CONCLUSION APPEARS REQUIRED THAT SUCH PAYMENTS MAY NOT BE REGARDED AS EQUIVALENT TO MEALS FURNISHED OR AVAILABLE TO HIM WHILE IN A TRAVEL STATUS REQUIRING DEDUCTIONS FROM THE PER DIEM OTHERWISE DUE HIM. ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH IS RETURNED, IS AUTHORIZED, IF OTHERWISE, CORRECT.