B-136561, AUG 14, 1958

B-136561: Aug 14, 1958

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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.

B-136561, AUG 14, 1958

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL EMIL NOVAK, USAFR (RET.):

REFERENCE IS MADE TO YOUR LETTER OF JUNE 5, 1958, REQUESTING REVIEW OF THE SETTLEMENT OF MAY 21, 1958, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD MAY 3 TO MAY 6, 1957.

BY FLIGHT ORDER NO. 187, DATED MAY 3, 1957, HEADQUARTERS, 7425TH AIR BASE GROUP, APO 109, USAF, YOU WERE AUTHORIZED TO PROCEED IN AN AIRCRAFT TYPE C -47, FROM MAHN AIR FORCE BASE, GERMANY, TO BORDEAUX, FRANCE, TO LISBON, PORTUGAL, WITH THE GENERAL PURPOSE OF THE FLIGHT BEING THE AIRLIFT OF PERSONNEL. THE ITINERARY YOU SUBMITTED IN SUPPORT OF YOUR CLAIM FOR PER DIEM SHOWS THAT YOU DEPARTED HAHM AIR FORCE BASE ON MAY 3, 1957, AND RETURNED THERE ON MAY 6, 1957. 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, 1957, WHICH YOU ENCLOSED.

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. WITH RESPECT TO NAVIGATIONAL AND PROFICIENCY FLIGHTS, PARAGRAPH 4211 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT ENTITLEMENT TO PER DIEM IN CONNECTION WITH SUCH FLIGHTS NOT AT THE REQUEST OF THE INDIVIDUAL WILL BE AS PRESCRIBED IN THE REGULATIONS OF THE SERVICE CONCERNED. PERTINENT AIR FORCE REGULATIONS CONTAINED IN AFR 173-30, PARAGRAPH 40701(C) PROVIDE, IN PART, AS FOLLOWS:

"C. TRAVEL ALLOWANCES PROHIBITED. *** AIR FORCE POLICY PROHIBITS PAYMENT BY THE GOVERNMENT OF TRANSPORTATION COSTS AND PER DIEM FOR TRAVEL IN CONNECTION WITH PROFICIENCY FLIGHTS. THIS PROHIBITION APPLIES TO TRAVEL FROM A DUTY STATION TO A STATION AT WHICH THE AIRCRAFT IS AVAILABLE, TRAVEL DURING THE PROFICIENCY FLIGHT, AND TRAVEL TO THE DUTY STATION UPON COMPLETION OF THE FLIGHT." IN THIS CONNECTION IT IS STATED, IN THE ADMINISTRATIVE REPORT FURNISHED IN YOUR CASE, THAT A DETERMINATION WAS MADE PRIOR TO THE FLIGHT FOR WHICH YOU CLAIM PER DIEM THAT YOU WERE NOT ESSENTIAL TO THE ACCOMPLISHMENT OF THE MISSION, AND THAT YOU WERE PUT ON FLIGHT ORDERS SOLELY FOR THE PURPOSE OF LOGGING TIME TOWARD ANNUAL REQUIREMENTS. IT IS FURTHER STATED THAT YOU WERE NOTIFIED OF THE FOREGOING PRIOR TO THE FLIGHT, AND ALSO THAT YOU WERE ON A PROFICIENCY FLIGHT WITHOUT ENTITLEMENT TO PER DIEM. THE RECORD CONTAINS NO EVIDENCE TO SUPPORT YOUR CONTENTION THAT YOU SHOULD HAVE BEEN ALLOWED PER DIEM DURING THE PERIOD MAY 3 TO MAY 6, 1957.

ACCORDINGLY, IN VIEW OF THE FOREGOING REGULATIONS AND ADMINISTRATIVE DETERMINATION THAT THE DUTY PERFORMED BY YOU DURING THE PERIOD INVOLVED WAS IN A PROFICIENCY FLIGHT STATUS, WE HAVE NO AUTHORITY TO ALLOW YOU PER DIEM FOR SUCH DUTY. THE SETTLEMENT OF MAY 21, 1958, WAS CORRECT ADD IS SUSTAINED.