B-135447, APR. 3, 1958

B-135447: Apr 3, 1958

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USN: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 14. YOU WERE DIRECTED TO PROCEED FROM THE U.S. CONCURRENT TRAVEL OF YOUR DEPENDENTS TO YOUR OVERSEAS STATION WAS AUTHORIZED. THAT YOU AND YOUR DEPENDENTS WERE DELAYED THERE AWAITING TRANSPORTATION UNTIL JULY 6. YOUR CLAIM IS FOR PER DIEM COVERING THE PERIOD YOU AND YOUR DEPENDENTS WERE AWAITING TRANSPORTATION AT HICKAM AIR FORCE BASE FROM JUNE 27 TO JULY 6. IN SUPPORT OF YOUR CLAIM YOU SAY THAT GOVERNMENT MESSING FACILITIES WERE NOT AVAILABLE TO YOU AND YOUR DEPENDENTS FOR THAT PERIOD. YOU ADMIT THAT GOVERNMENT MESSING FACILITIES WERE AVAILABLE TO YOU BUT SAY THAT SUCH FACILITIES WERE NOT AVAILABLE TO YOUR DEPENDENTS. PROVIDES THAT IT IS THE POLICY OF THE UNIFORMED SERVICES THAT AVAILABLE GOVERNMENT QUARTERS AND MESS BE UTILIZED BY MEMBERS IN A TRAVEL STATUS TO THE MAXIMUM EXTENT PRACTICABLE.

B-135447, APR. 3, 1958

TO PAUL P. PRISTAVEC, 245 56 94, YNC, USN:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 14, 1958, REQUESTING REVIEW OF SETTLEMENT DATED JANUARY 27, 1958, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD JUNE 27 TO JULY 6, 1957.

BY STANDARD TRANSFER ORDER NO. 73-57, PREPARED ON MAY 2, 1957, YOU WERE DIRECTED TO PROCEED FROM THE U.S. NAVAL BASE, NEWPORT, RHODE ISLAND, TO SAN FRANCISCO, CALIFORNIA, AND REPORT NOT LATER THAN JUNE 20, 1957, FOR FURTHER TRANSFER TO YOUR NEW STATION AT SANGLEY POINT, LUZON, PHILIPPINE ISLANDS, 4 DAYS' PROCEED TIME, 14 DAYS' TRAVEL TIME, AND 30 DAYS' DELAY EN ROUTE BEING AUTHORIZED. CONCURRENT TRAVEL OF YOUR DEPENDENTS TO YOUR OVERSEAS STATION WAS AUTHORIZED. IT APPEARS THAT YOU AND YOUR DEPENDENTS LEFT THE UNITED STATES BY GOVERNMENT AIRCRAFT ON JUNE 26, 1957, AND ARRIVED AT HICKAM AIR FORCE BASE, TERRITORY OF HAWAII, ON THE SAME DAY; THAT YOU AND YOUR DEPENDENTS WERE DELAYED THERE AWAITING TRANSPORTATION UNTIL JULY 6, 1957; AND THAT YOU LEFT HICKAM AIR FORCE BASE ON JULY 7, 1957 AND ARRIVED AT SANGLEY POINT, PHILIPPINE ISLANDS, ON JULY 9, 1957. YOUR CLAIM IS FOR PER DIEM COVERING THE PERIOD YOU AND YOUR DEPENDENTS WERE AWAITING TRANSPORTATION AT HICKAM AIR FORCE BASE FROM JUNE 27 TO JULY 6, 1957.

IN SUPPORT OF YOUR CLAIM YOU SAY THAT GOVERNMENT MESSING FACILITIES WERE NOT AVAILABLE TO YOU AND YOUR DEPENDENTS FOR THAT PERIOD. YOU ADMIT THAT GOVERNMENT MESSING FACILITIES WERE AVAILABLE TO YOU BUT SAY THAT SUCH FACILITIES WERE NOT AVAILABLE TO YOUR DEPENDENTS. YOU ALSO SAY THAT YOU AND YOUR DEPENDENTS SECURED MEALS AT A RESTAURANT DURING THE PERIOD INVOLVED. ON SUCH BASIS YOU URGE THAT YOUR CLAIM FOR PER DIEM (SUBSISTENCE) SHOULD BE ALLOWED.

PARAGRAPH 4451-1 (3), CHANGE 58, DATED MAY 1, 1957, JOINT TRAVEL REGULATIONS, PROVIDES THAT IT IS THE POLICY OF THE UNIFORMED SERVICES THAT AVAILABLE GOVERNMENT QUARTERS AND MESS BE UTILIZED BY MEMBERS IN A TRAVEL STATUS TO THE MAXIMUM EXTENT PRACTICABLE. HOWEVER, IT IS ALSO PROVIDED THAT THE FAMILY UNIT SHOULD BE KEPT TOGETHER TO THE MAXIMUM EXTENT POSSIBLE WHEN, IN CONNECTION WITH A PERMANENT CHANGE OF STATION TO, FROM, OR BETWEEN STATIONS OUTSIDE THE UNITED STATES, THE MEMBER IS ACCOMPANIED BY HIS DEPENDENTS WHO HAVE BEEN AUTHORIZED TO TRAVEL WITH HIM. IT IS FURTHER PROVIDED THAT:

"* * * AT PORTS OF EMBARKATION AND DEBARKATION (OR PROCESSING CENTERS OPERATING IN CONJUNCTION THEREWITH) AT WHICH GOVERNMENT QUARTERS (AS DEFINED IN PAR. 1150-5) OR GOVERNMENT MESS (AS DEFINED IN PAR. 1150-4), OR BOTH, ARE NOT AVAILABLE TO BOTH THE MEMBER AND HIS DEPENDENTS, COMMANDING OFFICERS, OR THEIR DESIGNATED REPRESENTATIVES, WILL FURNISH THE MEMBER A CERTIFICATE THAT SUCH FACILITIES WERE NOT AVAILABLE.'

THE RECORD SHOWS THAT ON JULY 12, 1957, YOU REQUESTED THE OFFICER IN CHARGE, PASSENGER SERVICE, MILITARY AIR TRANSPORTATION SERVICE, HICKAM AIR FORCE BASE, HONOLULU, T.H., TO ISSUE A CERTIFICATE TO THE EFFECT THAT GOVERNMENT QUARTERS AND MESSING FACILITIES WERE NOT AVAILABLE TO YOU DURING THE PERIOD JUNE 26 TO JULY 6, 1957. IN ANSWER TO YOUR REQUEST SUCH OFFICER STATED, IN SECOND INDORSEMENT DATED AUGUST 22, 1957, THAT "GOVERNMENT QUARTERS AND MESSING FACILITIES WERE CONSIDERED AS BEING AVAILABLE, AS THE HICKAM BILLETING OFFICE HAS NO RECORD OF CERTIFICATES OF NON-AVAILABILITY BEING ISSUED BETWEEN THE PERIOD OF 26 JUNE 1957 AND 6 JULY 1957.'

SINCE A CLAIM FOR PER DIEM, SUCH AS YOURS, IS NOT PAYABLE UNDER THE REGULATIONS UNLESS IT IS SUPPORTED BY A CERTIFICATE TO THE EFFECT THAT GOVERNMENT MESSING FACILITIES WERE NOT AVAILABLE DURING THE PERIOD INVOLVED, AND SINCE YOUR CLAIM IS NOT SUPPORTED BY SUCH CERTIFICATE, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.

ACCORDINGLY, ON THE PRESENT RECORD, THE DISALLOWANCE OF YOUR CLAIM BY SETTLEMENT DATED JANUARY 27, 1958, IS SUSTAINED.