B-135739, MAY 8, 1958

B-135739: May 8, 1958

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USN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 4. YOU WERE DIRECTED TO PROCEED ON TEMPORARY ADDITIONAL DUTY ON OR ABOUT FEBRUARY 10. UPON THE COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR DUTY STATION TO RESUME YOUR REGULAR DUTIES. GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE TO YOU ABOARD THAT VESSEL. YOU WERE DETACHED FROM THE U.S.S. WERE DETACHED FROM YOUR ASSIGNMENT THERE AT 10:55 A.M. YOU CERTIFIED THAT QUARTERS AND MESSING FACILITIES WERE NOT AVAILABLE TO YOU DURING THE PERIOD OF TIME BETWEEN DETACHMENT FROM THE U.S.S. TANNER CERTIFIED THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE TO YOU ON THAT VESSEL BUT THAT MESSING FACILITIES WERE AVAILABLE. PARAGRAPH 4201-8 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT PER DIEM ALLOWANCES ARE NOT PAYABLE "FOR ANY PERIOD OF TEMPORARY DUTY OR TRAINING DUTY ABOARD A GOVERNMENT VESSEL COMMENCING THE DAY AFTER THE DAY OF ARRIVAL THEREAT AND TERMINATING THE DAY PRIOR TO THE DAY OF DEPARTURE THEREFROM.'.

B-135739, MAY 8, 1958

TO JOSEPH W. RISK, CSC, 291 57 43, USN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 4, 1958, WITH ENCLOSURES, FORWARDED HERE BY THE NAVY REGIONAL ACCOUNTS OFFICE, REQUESTING REVIEW OF OUR SETTLEMENT OF DECEMBER 19, 1957, OF YOUR CLAIM FOR ADDITIONAL PER DIEM INCIDENT TO TRAVEL AND TEMPORARY DUTY PERFORMED DURING THE PERIOD FEBRUARY 11 TO MARCH 8, 1957, AS A MEMBER OF A FIELD FOOD SERVICE TEAM.

UNDER ORDERS OF FEBRUARY 6, 1957, ISSUED AT THE U.S. NAVAL SUPPLY DEPOT, NEWPORT, RHODE ISLAND, YOU WERE DIRECTED TO PROCEED ON TEMPORARY ADDITIONAL DUTY ON OR ABOUT FEBRUARY 10, 1957, TO NEW YORK, NEW YORK, FOR THE PURPOSE OF VISITING THE GENERAL MESS ABOARD THE U.S.S. KYNE (DE-744) DURING THE PERIOD FEBRUARY 11 TO 22 AND THE U.S.S. TANNER (AGS-15) DURING THE PERIOD FEBRUARY 25 TO MARCH 8, 1957, UPON THE COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR DUTY STATION TO RESUME YOUR REGULAR DUTIES. YOU PROCEEDED FROM NEWPORT AT 5:30 A.M. ON FEBRUARY 11 AND REPORTED TO THE U.S.S. KYNE AT 6:30 P.M. ON THE SAME DAY. GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE TO YOU ABOARD THAT VESSEL. YOU WERE DETACHED FROM THE U.S.S. KYNE AT 5:15 P.M. ON FEBRUARY 21, 1957, AND APPARENTLY ON THE ADVICE OF THE OFFICER-IN-CHARGE OF THE FIELD FOOD SERVICE TEAM YOU REMAINED IN NEW YORK CITY AWAITING THE ARRIVAL OF THE U.S.S. TANNER. YOU REPORTED ABOARD THAT VESSEL AT 8:45 A.M. ON FEBRUARY 25, 1957, AND WERE DETACHED FROM YOUR ASSIGNMENT THERE AT 10:55 A.M. ON MARCH 8, 1957, AND RETURNED TO YOUR STATION AT NEWPORT AT 6:35 P.M. ON THAT DAY. YOU CERTIFIED THAT QUARTERS AND MESSING FACILITIES WERE NOT AVAILABLE TO YOU DURING THE PERIOD OF TIME BETWEEN DETACHMENT FROM THE U.S.S. KYNE AND REPORTING TO THE U.S.S. TANNER. THE COMMANDING OFFICER OF THE U.S.S. TANNER CERTIFIED THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE TO YOU ON THAT VESSEL BUT THAT MESSING FACILITIES WERE AVAILABLE.

PARAGRAPH 4201-8 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT PER DIEM ALLOWANCES ARE NOT PAYABLE "FOR ANY PERIOD OF TEMPORARY DUTY OR TRAINING DUTY ABOARD A GOVERNMENT VESSEL COMMENCING THE DAY AFTER THE DAY OF ARRIVAL THEREAT AND TERMINATING THE DAY PRIOR TO THE DAY OF DEPARTURE THEREFROM.' IN VIEW OF SUCH SPECIFIC RESTRICTION, NO AUTHORITY EXISTS FOR THE PAYMENT TO YOU OF ANY PER DIEM DURING THE PERIODS FEBRUARY 12 TO FEBRUARY 20 AND FEBRUARY 26 TO MARCH 7, ALL DATES INCLUSIVE, WHILE YOU WERE IN THE PERFORMANCE OF TEMPORARY DUTY ABOARD GOVERNMENT VESSELS. THAT PORTION OF YOUR CLAIM WAS CORRECTLY DISALLOWED IN THE SETTLEMENT OF DECEMBER 19, 1957.

YOU WERE PROPERLY ALLOWED A PER DIEM OF $9 FOR FEBRUARY 11 UNDER THE PROVISIONS OF PARAGRAPH 4205-5B (2) OF THE JOINT TRAVEL REGULATIONS, AND OF $7.50 FOR MARCH 8 UNDER PARAGRAPH 4205-2. FOR THE PERIOD OF DELAY FROM FEBRUARY 21 TO 24 YOU WERE ALLOWED PER DIEM AT THE RATE OF $6 LESS $4.50 PER DAY (THREE MEALS AT $1.50 PER MEAL) AS PRESCRIBED IN THE REGULATIONS FOR PERIODS OF DELAY WHERE GOVERNMENT QUARTERS AND GOVERNMENT MEALS ARE AVAILABLE OR UTILIZED, ON THE BASIS OF AN ASSUMPTION, IN THE ABSENCE OF CERTIFICATION TO THE CONTRARY, THAT THOSE FACILITIES WERE AVAILABLE TO YOU AT THE BROOKLYN NAVAL SHIPYARD WHERE THE U.S.S. TANNER WAS SCHEDULED TO ARRIVE. FOR THE DAY OF FEBRUARY 25 YOU WERE ALLOWED $9 LESS $1.50 FOR ONE MEAL AVAILABLE OR UTILIZED, ON THE BASIS OF A RESUMPTION OF A TRAVEL STATUS ON THAT DAY. THE ORDERS OF FEBRUARY 6, 1957, HOWEVER, DIRECTED TRAVEL ONLY TO NEW YORK CITY FOR THE PURPOSE OF REPORTING TO THE NAMED VESSELS, AND CONSEQUENTLY DID NOT DIRECT OR REQUIRE THAT YOU REPORT TO THE BROOKLYN NAVAL SHIPYARD OR OTHER NAVAL INSTALLATION FOR QUARTERS AND SUBSISTENCE DURING THE PERIOD OF DELAY. IN VIEW OF YOUR REPRESENTATIONS THAT SUCH FACILITIES WERE NOT AVAILABLE TO YOU DURING THE PERIOD OF TIME FROM DETACHMENT FROM THE U.S.S. KYNE TO REPORTING TO THE U.S.S. TANNER AND ASSUMING THAT THE DELAY AT NEW YORK CITY WAS OTHERWISE UNAVOIDABLE IN VIEW OF THE REQUIREMENTS OF THE ORDERS OF FEBRUARY 6, 1957, IT IS CONCLUDED THAT YOU ARE ENTITLED TO A PER DIEM OF $12 FOR FIVE DAYS, FROM FEBRUARY 21 TO 25, LESS DEDUCTIONS OF $6 FOR TWO MEALS A DAY AVAILABLE ABOARD THE U.S.S. KYNE AND THE U.S.S. TANNER, RESPECTIVELY, ON FEBRUARY 21 AND 25. SUCH ACTION IS TAKEN UNDER THE PROVISIONS OF PARAGRAPH 4205-5 (C) OF THE JOINT TRAVEL REGULATIONS AND THAT ALLOWANCE IS IN LIEU OF THE PER DIEM PREVIOUSLY CREDITED TO YOU FOR THAT PERIOD. ACCORDINGLY, IN A SETTLEMENT TO ISSUE IN DUE COURSE YOU WILL BE ALLOWED THE ADDITIONAL SUM OF $40.50 ON THE ABOVE-INDICATED BASIS.

YOUR ORIGINAL ORDERS OF FEBRUARY 6, 1957, WITH ENDORSEMENTS, AND YOUR COPY OF OUR SETTLEMENT OF DECEMBER 19, 1957 (ENCLOSURES 1 AND 3 WITH YOUR LETTER), ARE RETURNED HEREWITH AS REQUESTED.