B-136925, OCT 7, 1958

B-136925: Oct 7, 1958

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IN ADDITION TO WHICH A PER DIEM OF $7 WAS AUTHORIZED WHILE IN A TRAVEL STATUS AND $5 WHILE ATTENDING SCHOOL. IT APPEARS THAT ORIGINALLY THE PHILIPPINE GOVERNMENT WAS TO BEAR ALL COSTS OF YOUR TRAVEL TO AND FROM CONTINENTAL UNITED STATES BUT THAT PRIOR TO COMPLETION OF YOUR TRAINING HERE THE UNITED STATES ASSUMED RESPONSIBILITY FOR YOUR TRANSPORTATION FROM SAN FRANCISCO TO MANILA. IS EXCLUSIVE OF SUBSISTENCE. CONCERNS ENLISTED PERSONNEL NOT ENTITLED TO SUBSISTENCE IN KIND AND PROVIDES THAT SUCH PERSONNEL WILL REIMBURSE THE GOVERNMENT AT CURRENTLY PRESCRIBED RATES FOR MEALS FURNISHED THEM BY THE GOVERNMENT. THE CONCLUSION IS REQUIRED THAT THE ACTION TAKEN IN CHARGING YOU FOR MEALS FURNISHED YOU WHILE ON BOARD THE USNS GENERAL SULTAN WAS PROPER.

B-136925, OCT 7, 1958

PRECIS-UNAVAILABLE

MASTER SERGEANT LUCIO O. SANTOS, PAF, O-18276:

IN YOUR LETTER OF JULY 5, 1958, YOU REQUEST RECONSIDERATION OF OUR SETTLEMENT OF MARCH 15, 1954, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $26.40 PAID BY YOU FOR SUBSISTENCE WHILE ABOARD THE USNS GENERAL SULTAN FROM MARCH 14 TO APRIL 3, 1951. YOU ALSO MAKE A CLAIM FOR THE DIFFERENCE IN PER DIEM BETWEEN $7 AND $9 A DAY FOR THE PERIOD MARCH 5 TO 14, 1951, INCLUSIVE. THE PORTION OF YOUR CLAIM FOR THE DIFFERENCE IN PER DIEM HAS BEEN FORWARDED TO SETTLEMENTS OPERATIONS, U. S. ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, FOR APPROPRIATE ACTION.

WITH RESPECT TO YOUR CLAIM FOR REFUND OF THE AMOUNT CHARGED YOU FOR SUBSISTENCE, IT APPEARS THAT IN CONNECTION WITH YOUR ASSIGNMENT TO A COURSE OF INSTRUCTION IN RADIO REPAIR AT THE SIGNAL SCHOOL, FORT MONMOUTH, NEW JERSEY, LETTER ORDERS NO. 36, DATED JUNE 27, 1950, PROVIDED, IN PARAGRAPH 3, THAT THE COST OF YOUR TRANSOCEAN TRANSPORTATION WOULD BE BORNE BY THE PHILIPPINE GOVERNMENT AND, IN PARAGRAPH 4, THAT THE TRANSPORTATION OFFICER, SAN FRANCISCO FORT OF DEBARKATION, WOULD FURNISH NECESSARY TRANSPORTATION FROM FORT MASON, CALIFORNIA, TO (IN YOUR CASE) FORT MONMOUTH, NEW JERSEY, IN ADDITION TO WHICH A PER DIEM OF $7 WAS AUTHORIZED WHILE IN A TRAVEL STATUS AND $5 WHILE ATTENDING SCHOOL. PARAGRAPH 1, LETTER ORDERS NO. 48, AUGUST 3, 1950, AMENDED PARAGRAPH 4, LETTER ORDERS NO. 36, JUNE 27, 1950, TO REDUCE FROM $5 TO $2.10 THE PER DIEM AUTHORIZED FOR ENLISTED MEN WHILE ATTENDING SCHOOL.

PARAGRAPH 1 OF LETTER ORDERS NO. 80, DATED NOVEMBER 4, 1950, AMENDED PARAGRAPH 3 OF LETTER ORDERS NO. 36, JUNE 27, 1950, TO PROVIDE THAT TRANSOCEAN TRAVEL FROM MANILA TO THE UNITED STATES FORT OF DEBARKATION WOULD BE BORNE BY THE PHILIPPINE GOVERNMENT BUT THAT UPON COMPLETION OF THE COURSE OF INSTRUCTION YOU AND CERTAIN OTHER NAMED PERSONNEL WOULD REPORT TO THE TRANSPORTATION OFFICER, SAN FRANCISCO PORT OF EMBARKATION, FOR TRANSPORTATION FROM SAN FRANCISCO TO MANILA.

THUS, IT APPEARS THAT ORIGINALLY THE PHILIPPINE GOVERNMENT WAS TO BEAR ALL COSTS OF YOUR TRAVEL TO AND FROM CONTINENTAL UNITED STATES BUT THAT PRIOR TO COMPLETION OF YOUR TRAINING HERE THE UNITED STATES ASSUMED RESPONSIBILITY FOR YOUR TRANSPORTATION FROM SAN FRANCISCO TO MANILA. TRANSPORTATION, AS DEFINED IN REGULATIONS GOVERNING MOVEMENT OF MILITARY PERSONNEL, PARAGRAPH 4202-2, JOINT TRAVEL REGULATIONS, IS EXCLUSIVE OF SUBSISTENCE. FURTHER, PARAGRAPH 4A-2 OF AIR FORCE REGULATION 50-21, PERTAINING TO THE FURNISHING OF SERVICES IN CONNECTION WITH TRAINING OF FOREIGN MILITARY PERSONNEL, AUTHORIZED THE FURNISHING OF SUBSISTENCE TO ENLISTED PERSONNEL IN THE MANNER PRESCRIBED IN PARAGRAPH 42, ARMY REGULATIONS 35-6660, NOVEMBER 15, 1945. THIS REGULATION, AMENDED JUNE 25, 1948, CONCERNS ENLISTED PERSONNEL NOT ENTITLED TO SUBSISTENCE IN KIND AND PROVIDES THAT SUCH PERSONNEL WILL REIMBURSE THE GOVERNMENT AT CURRENTLY PRESCRIBED RATES FOR MEALS FURNISHED THEM BY THE GOVERNMENT. IN THE LIGHT OF THE ORDERS IN YOUR CASE AND THE CITED REGULATIONS, THE CONCLUSION IS REQUIRED THAT THE ACTION TAKEN IN CHARGING YOU FOR MEALS FURNISHED YOU WHILE ON BOARD THE USNS GENERAL SULTAN WAS PROPER.

ACCORDINGLY, ON THE PRESENT RECORD, THE SETTLEMENT OF MARCH 15, 1954, IS SUSTAINED.