B-137272, NOV 3, 1958

B-137272, NOV 3, 1958

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL CLAUD D. LAFORS, MSC:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 19, 1958, REQUESTING REVIEW OF OUR SETTLEMENT OF AUGUST 4, 1958, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM INCIDENT TO THE PERFORMANCE OF TEMPORARY DUTY AT FORT RILEY, KANSAS, DURING THE PERIOD JUNE 23 TO AUGUST 2, 1956.

THE TEMPORARY DUTY IN QUESTION WAS PERFORMED UNDER LETTER ORDERS 885 OF HEADQUARTERS, WISCONSIN MILITARY DISTRICT, MILWAUKEE, WISCONSIN, DATED MAY 17, 1956, WHICH DIRECTED THAT YOU PROCEED FROM MADISON, WISCONSIN, TO FORT RILEY ON TEMPORARY DUTY FOR APPROXIMATELY 56 DAYS, TO ATTEND THE 1956 ROTC SUMMER CAMPS, UPON THE COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR PROPER STATION. IT WAS STATED IN THE ORDERS THAT ALL TRAVEL AND TEMPORARY DUTY INVOLVED CONSTITUTED DUTY OF A TYPE CONTEMPLATED BY PARAGRAPH 4201.6 OF THE JOINT TRAVEL REGULATIONS (EXCEPT PERIODS OF ADVANCE STAFF PLANNING AND CLOSE-OUT, WHICH APPARENTLY WERE NOT INVOLVED). YOU LEFT MADISON ON JUNE 10 AND ARRIVED AT FORT RILEY ON JUNE 11, 1956, AND UPON COMPLETION OF THE TEMPORARY ASSIGNMENT YOU LEFT FORT RILEY ON AUGUST 3 AND RETURNED TO MADISON ON AUGUST 4, 1956. GOVERNMENT QUARTERS AND MESSING FACILITIES APPEAR TO HAVE BEEN AVAILABLE TO YOU AT FORT RILEY.

PARAGRAPH 4201.6 OF THE JOINT TRAVEL REGULATIONS PROHIBITS THE PAYMENT OF PER DIEM INCIDENT TO THE PERFORMANCE OF TEMPORARY DUTY WHILE PARTICIPATING IN TRAINING ENCAMPMENTS FOR RESERVE OFFICERS TRAINING CORPS STUDENTS, AND OTHER SIMILAR ACTIVITIES, WHERE BOTH RATIONS IN KIND AND QUARTERS ARE AVAILABLE OR FURNISHED, WHETHER OR NOT SUCH FACILITIES ARE UTILIZED. EXCEPTION TO THAT LIMITATION IS MADE FOR PERIODS INVOLVING TEMPORARY DUTY ON AN INSTALLATION OF THE UNIFORMED SERVICES IF PER DIEM IS AUTHORIZED IN ACCORDANCE WITH REGULATIONS ISSUED BY THE SECRETARY OF THE SERVICE CONCERNED. PARAGRAPH 5C OF ARMY REGULATIONS 35-3080, ISSUED TO GIVE EFFECT TO THAT EXCEPTION INSOFAR AS RELATING TO ARMY PERSONNEL, PROVIDES THAT A MEMBER PERFORMING TEMPORARY DUTY OF THE FIELD DUTY TYPE CONTEMPLATED IN PARAGRAPH 4201.6 AT AN INSTALLATION OF THE UNIFORMED SERVICES IS ENTITLED TO PER DIEM (A) WHEN AUTHORIZED TO BE QUARTERED SEPARATELY FROM THOSE PARTICIPATING IN THE FIELD DUTY ACTIVITIES, OR (B) WHERE THE ACTIVITY IS CONDUCTED TO PERMIT ALL PARTICIPANTS TO UTILIZE QUARTERS NORMALLY AVAILABLE TO PERSONNEL ON TEMPORARY DUTY AS DISTINGUISHED FROM QUARTERS SPECIFICALLY ESTABLISHED ACTIVITY. PARAGRAPH 5C(2) OF THE CITED REGULATION PROVIDES THAT VOUCHERS CLAIMING PER DIEM ALLOWANCES PRESCRIBED IN THAT PARAGRAPH WILL BE SUBSTANTIATED, IN ADDITION TO OTHER CERTIFICATES THERE MENTIONED, BY A CERTIFICATE EXECUTED BY THE COMMANDING OFFICER OF THE INSTALLATION, OR OF THE EXERCISE OR ACTIVITY AT THE INSTALLATION, STATING (A) THAT THE MEMBER WAS AUTHORIZED TO BE QUARTERED SEPARATELY FROM OTHER MEMBERS PARTICIPATING IN THE PARTICIPANTS TO UTILIZE QUARTERS NORMALLY EVAILABLE ON THE INSTALLATION TO PERSONNEL ON TEMPORARY DUTY, AS DISTINGUISHED FROM QUARTERS SPECIFICALLY ESTABLISHED OR DESIGNATED FOR USE IN CONNECTION WITH THE ACTIVITY OR EXERCISE INVOLVED.

BY COMMUNICATION OF APRIL 29, 1957, TO THE COMMANDING GENERAL, FIRST DIVISION, AT FORT RILEY, YOU REQUESTED THAT YOU BE FURNISHED A CERTIFICATION OF UTILIZATION OF QUARTERS IN ACCORDANCE WITH PARAGRAPH 5C(2)(B) OF THE FOREGOING REGULATION FOR THE PERIOD JUNE 10 TO AUGUST 3, 1956, FOR THE PURPOSE OF QUALIFYING FOR PER DIEM ON THE BASIS THAT THE TRAINING ACTIVITY WAS CONDUCTED UNDER CIRCUMSTANCES INDICATED IN (1)(B) OF PARAGRAPH 5C ABOVE. IN REPLY OF JUNE 10, 1957, TO THAT REQUEST, YOU WERE ADVISED BY HEADQUARTERS, FORT RILEY, THAT YOUR REQUEST WAS DENIED BECAUSE ADEQUATE QUARTERS AND MESSING FACILITIES WERE AVAILABLE AT FORT RILEY DURING THE SUMMER TRAINING PERIOD AND "THE PROVISIONS OF PARAGRAPH 5C(2)(A) OR (B), AR 35-3080 WERE NOT APPLICABLE DURING THAT PERIOD." VIEW OF SUCH ADMINISTRATIVE REPORT, IT IS CONSIDERED THAT QUARTERS SPECIFICALLY ESTABLISHED OR DESIGNATED FOR USE IN CONNECTION WITH THE TRAINING ACTIVITIES WERE AVAILABLE TO YOU DURING THE PERIOD IN QUESTION. SINCE MESSING FACILITIES ALSO WERE AVAILABLE TO YOU, IT IS CONCLUDED THAT NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM. FURTHERMORE, THERE APPEARS TO HAVE BEEN NO LEGAL AUTHORITY FOR THE PAYMENT TO YOU OF PER DIEM FOR THE PERIOD OF TRAVEL AND TEMPORARY DUTY FROM JUNE 10 TO 22, 1956, TOTALING $75.75 (1 AND 3/4 DAYS AT 39 AND 10 DAYS AT $6) ON VOUCHER NO. 22645, JUNE 1956 ACCOUNTS OF LIEUTENANT COLONEL S. PITT, FG, SUCH PAYMENT NOT BEING SUPPORTED BY THE PRESCRIBED CERTIFICATE OR OTHER EVIDENCE TO SHOW THAT YOU QUALIFIED FOR THE PAYMENT. ACCORDINGLY, AUDIT EXCEPTION WILL BE TAKEN TO SUCH PAYMENT IN THE DISBURSING OFFICER'S ACCOUNTS.

PRESUMABLY, THE OTHER MEMBERS REFERRED TO BY YOU AS HAVING RECEIVED PER DIEM AT FORT RILEY AND AT TRAINING ENCAMPMENTS CONDUCTED AT OTHER INSTALLATIONS WERE FURNISHED CERTIFICATES AS A RESULT OF ADMINISTRATIVE DETERMINATIONS THAT SPECIAL CIRCUMSTANCES, NOT INVOLVED IN YOUR SITUATION, EXISTED IN THEIR CASES WHICH SERVED TO QUALIFY THEM FOR THE ALLOWANCE. SUCH CERTIFICATES WERE ISSUED IN CASES INVOLVING CIRCUMSTANCES SIMILAR TO THOSE IN YOUR CASE THEY WOULD BE OF QUESTIONABLE VALUE AND PAYMENTS MADE ON THE BASIS OF THEIR REPRESENTATIONS COULD NOT BE CONSIDERED TO FURNISH A VALID PRECEDENT FOR THE PAYMENT OF YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 4, 1958, IS SUSTAINED. THE SUM OF $75.75 ERRONEOUSLY PAID TO YOU AS PER DIEM, AS INDICATED ABOVE, SHOULD BE REPAID EITHER TO THE COLLECTIONS DIVISION, FINANCE CENTER, U. S. ARMY, INDIANAPOLIS 49, INDIANA, OR BY CHECK MADE PAYABLE TO THE "U. S. GENERAL ACCOUNTING OFFICE" AND ADDRESSED TO THE GENERAL ACCOUNTING OFFICE, P. O. BOX 2610, WASHINGTON 13, D. C. ..END :