B-137258, SEP 26, 1958

B-137258: Sep 26, 1958

Additional Materials:

Contact:

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

 

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

K. KAKAHUNA: REFERENCE IS MADE TO YOUR COMMUNICATION OF MAY 6. WHICH WILL BE TREATED AS A REQUEST FOR REVIEW OF THE SETTLEMENT OF APRIL 11. YOUR CLAIM WAS ON THE BASIS THAT THE DUTY PERFORMED WAS TEMPORARY IN NATURE AND INVOLVED DUTY OR TRAINING WITH MARINE TRANSPORT SQUADRON 152. THE CLAIM WAS DISALLOWED SINCE THE RECORD INDICATED THAT YOUR ASSIGNMENT DURING THE PERIODS COVERED THEREBY WAS NOT TEMPORARY WITHIN THE PURVIEW OF GOVERNING REGULATIONS. IS TO THE SAME EFFECT. PARAGRAPH 5151 PROVIDES THAT WHERE ORDERS WERE NOT ISSUED. CLAIMS WILL BE CERTIFIED BY THE APPROPRIATE UNIT COMMANDER AND SUCH CERTIFICATION WILL CONSTITUTE A VALID AUTHORIZATION OF THE CLAIM. IN ORDER TO BE ENTITLED TO PER DIEM UNDER SUCH PROVISIONS OF LAW AND REGULATIONS IT MUST BE SHOWN THAT THE MEMBER CONCERNED WAS AWAY FROM HIS PERMANENT STATION.

B-137258, SEP 26, 1958

PRECIS-UNAVAILABLE

STAFF SERGEANT RICHARD I. K. KAKAHUNA:

REFERENCE IS MADE TO YOUR COMMUNICATION OF MAY 6, 1958 (FORWARDED HERE THROUGH THE DEPARTMENT OF THE NAVY, HEADQUARTERS UNITED STATES MARINE CORPS), WHICH WILL BE TREATED AS A REQUEST FOR REVIEW OF THE SETTLEMENT OF APRIL 11, 1958, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIODS JULY 16 TO AUGUST 14, 1954, AND NOVEMBER 29, 1954, TO MAY 19, 1955, INCIDENT TO YOUR DUTY AS AN ENLISTED MAN IN THE UNITED STATES MARINE CORPS.

THE ITINERARY YOU SUBMITTED IN SUPPORT OF YOUR CLAIM SHOWS THAT YOU DEPARTED BARBERS POINT, TERRITORY OF HAWAII, ON FEBRUARY 27, 1954, AND ARRIVED AT ITAMI, JAPAN, ON MARCH 2, 1954; DEPARTED FROM THAT PLACE ON AUGUST 15, 1954; AND ARRIVED BACK AT BARBERS POINT ON AUGUST 17, 1954. THE ITINERARY FURTHER SHOWS THAT YOU DEPARTED FROM BARBERS POINT ON NOVEMBER 24, 1954, AND ARRIVED AT IWAKUNI, JAPAN, ON NOVEMBER 28, 1954; DEPARTED THAT PLACE ON MAY 20, 1955, AND ARRIVED AT BARBERS POINT ON MAY 21, 1955. YOUR CLAIM WAS ON THE BASIS THAT THE DUTY PERFORMED WAS TEMPORARY IN NATURE AND INVOLVED DUTY OR TRAINING WITH MARINE TRANSPORT SQUADRON 152. THE CLAIM WAS DISALLOWED SINCE THE RECORD INDICATED THAT YOUR ASSIGNMENT DURING THE PERIODS COVERED THEREBY WAS NOT TEMPORARY WITHIN THE PURVIEW OF GOVERNING REGULATIONS.

SECTION 303(D) OF THE CAREER COMPENSATION ACT OF 1949 AUTHORIZES THE PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE, IN AN AMOUNT NOT TO EXCEED THAT PAYABLE FOR TEMPORARY DUTY TRAVEL, TO A MEMBER OF THE UNIFORMED SERVICES ON DUTY WITH OR UNDER TRAINING FOR MARINE CORPS TRANSPORT SQUADRONS AWAY FROM HIS PERMANENT DUTY STATION. PARAGRAPH 5150, JOINT TRAVEL REGULATIONS, IS TO THE SAME EFFECT, AND PARAGRAPH 5151 PROVIDES THAT WHERE ORDERS WERE NOT ISSUED, CLAIMS WILL BE CERTIFIED BY THE APPROPRIATE UNIT COMMANDER AND SUCH CERTIFICATION WILL CONSTITUTE A VALID AUTHORIZATION OF THE CLAIM.

IN ORDER TO BE ENTITLED TO PER DIEM UNDER SUCH PROVISIONS OF LAW AND REGULATIONS IT MUST BE SHOWN THAT THE MEMBER CONCERNED WAS AWAY FROM HIS PERMANENT STATION. IF WRITTEN ORDERS WERE NOT ISSUED DIRECTING TRAVEL AND TEMPORARY DUTY AWAY FROM THE MEMBER'S PERMANENT STATION, OTHER WRITTEN EVIDENCE FROM AN AUTHORITATIVE SOURCE MUST BE SUBMITTED TO SHOW THAT THE MEMBER PERFORMED TEMPORARY DUTY AWAY FROM HIS STATION. A CERTIFICATE TO THAT EFFECT BY THE APPROPRIATE UNIT COMMANDER MAY BE REGARDED AS ACCEPTABLE EVIDENCE IN LIEU OF TRAVEL ORDERS. NO SUCH EVIDENCE APPEARS IN THE RECORD BEFORE US IN YOUR CASE. THE ONLY SIGNED CERTIFICATES ATTESTING TO TEMPORARY DUTY IN THE RECORD ARE YOUR OWN AND ARE NOT ACCEPTABLE WITHIN THE PURVIEW OF PARAGRAPH 5151, JOINT TRAVEL REGULATIONS.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE DISALLOWANCE OF YOUR CLAIM FOR PER DIEM IS SUSTAINED.