B-136687, SEP 18, 1958

B-136687: Sep 18, 1958

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

DEVINCENSI: REFERENCE IS MADE TO YOUR LETTER OF JUNE 18. YOU WERE PLACED ON TEMPORARY DUTY. THESE ORDERS CLEARLY PROVIDED THAT NO PER DIEM WAS AUTHORIZED. YOU WERE DIRECTED TO RETURN TO YOUR PROPER ORGANIZATION AND STATION. YOUR CLAIM FOR PER DIEM WAS DISALLOWED BECAUSE THE DUTY PERFORMED BY YOU AT HUNTER LIGGETT MILITARY RESERVATION WAS FOR THE PURPOSE OF SUPPORTING TRAINING ACTIVITIES AND THEREFORE WAS FIELD DUTY FOR WHICH PER DIEM IS NOT PAYABLE. IN YOUR REQUEST FOR REVIEW YOU APPARENTLY BELIEVE THAT YOU ARE ENTITLED TO PAYMENT OF PER DIEM BECAUSE YOU LIVED IN BACHELOR OFFICERS' QUARTERS WHILE ON TEMPORARY DUTY AND ALSO MAINTAINED YOUR HOUSEHOLD AT FORT ORD. YOU FURTHER STATE THAT NO DENTAL OFFICER WAS PERMANENTLY ASSIGNED AT HUNTER LIGGETT MILITARY RESERVATION.

B-136687, SEP 18, 1958

PRECIS-UNAVAILABLE

CAPTAIN RONALD G. DEVINCENSI:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 18, 1958, REQUESTING REVIEW OF THE SETTLEMENT OF JUNE 12, 1958, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD JANUARY 9 TO JANUARY 22, 1957.

BY LETTER ORDERS 0-12-7, DATED DECEMBER 5, 1956, HEADQUARTERS, 5TH INFANTRY DIVISION, FORT ORD, CALIFORNIA, YOU WERE PLACED ON TEMPORARY DUTY, EFFECTIVE ON OR ABOUT JANUARY 9, 1957, FROM YOUR THEN PRESENT DUTY, EFFECTIVE ON OR ABOUT JANUARY 9, 1957, TO THE HUNTER LIGGETT MILITARY RESERVATION FOR A PERIOD OF APPROXIMATELY 14 DAYS. THESE ORDERS CLEARLY PROVIDED THAT NO PER DIEM WAS AUTHORIZED. UPON COMPLETION OF THE TEMPORARY DUTY, UNLESS SOONER RELEASED, YOU WERE DIRECTED TO RETURN TO YOUR PROPER ORGANIZATION AND STATION. YOUR CLAIM FOR PER DIEM WAS DISALLOWED BECAUSE THE DUTY PERFORMED BY YOU AT HUNTER LIGGETT MILITARY RESERVATION WAS FOR THE PURPOSE OF SUPPORTING TRAINING ACTIVITIES AND THEREFORE WAS FIELD DUTY FOR WHICH PER DIEM IS NOT PAYABLE. IN YOUR REQUEST FOR REVIEW YOU APPARENTLY BELIEVE THAT YOU ARE ENTITLED TO PAYMENT OF PER DIEM BECAUSE YOU LIVED IN BACHELOR OFFICERS' QUARTERS WHILE ON TEMPORARY DUTY AND ALSO MAINTAINED YOUR HOUSEHOLD AT FORT ORD. YOU FURTHER STATE THAT NO DENTAL OFFICER WAS PERMANENTLY ASSIGNED AT HUNTER LIGGETT MILITARY RESERVATION, AND YOU EVER GENERALLY THAT PAYMENT OF PER DIEM HAS BEEN MADE TO OTHER DENTAL OFFICERS WHO SERVED AT THAT DUTY STATION.

A MEMBER'S RIGHT TO PER DIEM FOR TEMPORARY DUTY AWAY FROM HIS DESIGNATED POST OF DUTY IS FIXED BY THE JOINT TRAVEL REGULATIONS. PARAGRAPH 4201.6 BARS PAYMENT OF PER DIEM TO A MEMBER WHILE PARTICIPATING IN MANEUVERS, FIELD EXERCISES, AND OTHER SIMILAR ACTIVITIES WHERE BOTH RATIONS IN KIND (INCLUDING FIELD RATIONS) AND QUARTERS ARE AVAILABLE OR FURNISHED, WHETHER OR NOT SUCH FACILITIES ARE UTILIZED. THE ADMINISTRATIVE REPORT FURNISHED IN YOUR CASE STATES THAT HUNTER LIGGETT MILITARY RESERVATION IS, AND ALWAYS HAS BEEN, A TRAINING SITE. YOU WERE PLACED ON TEMPORARY DUTY AT SUCH SITE DURING THE PERIOD FOR WHICH YOU CLAIM PER DIEM FOR THE PURPOSE OF SUPPORTING TRAINING ACTIVITIES. IT IS FURTHER REPORTED THAT THE SUPPORT GIVEN BY YOU WAS LIMITED TO PROVIDING DENTAL CARE FOR ALL PERSONNEL PARTICIPATING IN TRAINING, AND ALSO THE OPERATION OF A DENTAL CLINIC. IT HAS BEEN ADMINISTRATIVELY DETERMINED THAT THE TYPE OF DUTY YOU PERFORMED WAS WITHIN THE PURVIEW OF THAT CONTEMPLATED BY PARAGRAPH 4201.6, JOINT TRAVEL REGULATIONS. THE LANGUAGE BARRING PAYMENT OF PER DIEM IN YOUR ORDERS IS CLEAR AND APPEARS TO HAVE BEEN INCLUDED DELIBERATELY IN ACCORDANCE WITH THE ABOVE REGULATIONS AFTER ADMINISTRATIVE CONSIDERATION OF THE CIRCUMSTANCES UNDER WHICH YOUR TEMPORARY DUTY WAS DIRECTED TO BE PERFORMED. IF OTHER DENTAL OFFICERS, AS YOU SAY, WERE PAID PER DIEM, IT MUST HAVE BEEN UNDER CIRCUMSTANCES DIFFERENT THAN THE CIRCUMSTANCES YOU PERFORMED YOUR DUTY. OF COURSE, IF THOSE MAN ERRONEOUSLY RECEIVED PER DIEM FOR THEIR DUTY, SUCH PAYMENTS WOULD NOT FURNISH A LEGAL BASIS TO PAY YOUR CLAIM.

ACCORDINGLY, IN VIEW OF THE FOREGOING REGULATIONS AND THE ADMINISTRATIVE DETERMINATION EXPRESSED IN YOUR CASE, THE ALLOWANCE OF YOUR CLAIM IS NOT AUTHORIZED. THE SETTLEMENT OF JUNE 12, 1958, WAS CORRECT AND IS SUSTAINED.