B-136561, AUG 14, 1958

USAFR (RET.): REFERENCE IS MADE TO YOUR LETTER OF JUNE 5. YOU WERE AUTHORIZED TO PROCEED IN AN AIRCRAFT TYPE C -47. NO PROVISION WAS MADE IN THE FLIGHT ORDERS AUTHORIZING PER DIEM FOR YOU. YOUR CLAIM WAS DISALLOWED BECAUSE THE TRAVEL PERFORMED BY YOU DURING THE PERIOD INVOLVED WAS IN A PROFICIENCY FLIGHT STATUS WITHOUT GIVING RISE TO A RIGHT TO PER DIEM. IT APPEARS TO BE YOUR CONTENTION THAT YOU ARE ENTITLED TO PER DIEM ON THE BASIS THAT THE AIRCRAFT COMMANDER ALLEGEDLY RECEIVED PER DIEM FOR THE PERIOD IN QUESTION AND ALSO ON THE BASIS THAT YOU ALLEGEDLY RECEIVED PER DIEM UNDER A SOMEWHAT SIMILAR SITUATION PURSUANT TO SPECIAL ORDERS DATED DECEMBER 13. A MEMBER'S RIGHT TO PER DIEM FOR TEMPORARY DUTY AND TRAVEL AWAY FROM HIS DESIGNATED POST OF DUTY IS FIXED BY THE JOINT TRAVEL REGULATIONS.