B-137306, OCT 13, 1958

B-137306: Oct 13, 1958

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USMCR: REFERENCE IS MADE TO YOUR LETTER OF JULY 19. YOU WERE DIRECTED TO PROCEED TO YOKOSUKA NAVAL HOSPITAL. IT WAS ALSO PROVIDED THAT "TRAVEL BY GOVERNMENT AIRCRAFT IS DIRECTED. *** IF GOVERNMENT AIRCRAFT IS NOT AVAILABLE. THESE ORDERS ARE REVOKED ***.". THESE ORDERS WERE AMENDED BY ENDORSEMENT OF JUNE 12. YOU WERE ALLOWED $170.82 REPRESENTING BASIC PAY. YOU WERE PAID $7.65 REPRESENTING PER DIEM AT THE RATE OF $9 FOR MAY 3. LESS 15 PERCENT FOR ONE MEAL WHICH WAS PRESUMABLY FURNISHED TO YOU DURING YOUR DELAY AT YOKOSUKA NAVAL BASE FROM 10:25 A.M. YOU NOW STATE THAT NO GOVERNMENT MEALS WERE AVAILABLE OR UTILIZED BY YOU ON THAT DAY. YOU STATED THAT YOU WERE FURNISHED AN EVENING MEAL AND QUARTERS AT CAMP FUJI ON MAY 5 AND ALSO TWO MEALS ON MAY 17 AT CAMP FUJI.

B-137306, OCT 13, 1958

HEADNOTE-UNAVAILABLE PRECIS-UNAVAILABLE

MASTER SERGEANT WILLIAM S. BERG, USMCR:

REFERENCE IS MADE TO YOUR LETTER OF JULY 19, 1958, REQUESTING REVIEW OF OUR SETTLEMENTS OF AUGUST 16, 1957, AND JULY 3, 1958, WHICH DISALLOWED IN PART YOUR CLAIM FOR PAY AND ALLOWANCES INCIDENT TO YOUR ORDERS TO ACTIVE DUTY FOR TRAINING ON MAY 5 TO MAY 17, 1957.

BY ORDERS OF THE COMMANDANT OF THE MARINE CORPS, DATED JANUARY 31, 1957, AND ENDORSEMENTS, YOU WERE DIRECTED TO PROCEED TO YOKOSUKA NAVAL HOSPITAL, JAPAN, TO BE PHYSICALLY EXAMINED FOR ASSIGNMENT TO ACTIVE DUTY, AND IF QUALIFIED, TO FURTHER PROCEED AND REPORT AT CAMP FUJI FOR ACTIVE DUTY FOR TRAINING DURING THE PERIOD MAY 5 TO 17, 1957. IT WAS ALSO PROVIDED THAT "TRAVEL BY GOVERNMENT AIRCRAFT IS DIRECTED. *** IF GOVERNMENT AIRCRAFT IS NOT AVAILABLE, THESE ORDERS ARE REVOKED ***." THESE ORDERS WERE AMENDED BY ENDORSEMENT OF JUNE 12, 1957, TO CONFIRM AND APPROVE YOUR ACTION IN PERFORMING THE TRAVEL "AT YOUR OWN EXPENSE, NOT SUBJECT TO REIMBURSEMENT." IT APPEARS THAT YOU PERFORMED TRAVEL UNDER THOSE ORDERS BY RAIL FROM TACKOKSUA TO YOKOSUKA AND RETURN ON MAY 3, 1957, FROM TACHEKSUA TO CAMP FUJI ON MAY 5, 1957, AND FROM CAMP FUJI TO TACHOKAWA ON MAY 17, 1957. IN A LETTER OF FEBRUARY 9, 1958, YOU STATED THAT ON MAY 18, 1957, YOU WAIVED REIMBURSEMENT OF PERSONAL FUNDS EXPENDED IN TRAVELING TO CAMP FUJI AND RETURN, BUT YOU DID NOT WAIVE YOUR ENTITLEMENT TO THE PER DIEM ALLOWANCE AND YOU DID NOT WAIVE REIMBURSEMENT OF EXPENSES INVOLVED IN PERFORMING TRAVEL TO THE YOKOSUKA NAVAL BASE FROM TACKODAWA AIR BASE IN ACCORDANCE WITH ORDERS DIRECTING YOU TO REPORT THERE FOR A PHYSICAL EXAMINATION. BY SETTLEMENT OF AUGUST 16, 1957, YOU WERE ALLOWED $170.82 REPRESENTING BASIC PAY, FOREIGN DUTY PAY, AND BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD OF TRAINING DUTY, AND BY SETTLEMENT OF JULY 3, 1958, YOU WERE PAID $7.65 REPRESENTING PER DIEM AT THE RATE OF $9 FOR MAY 3, 1957, LESS 15 PERCENT FOR ONE MEAL WHICH WAS PRESUMABLY FURNISHED TO YOU DURING YOUR DELAY AT YOKOSUKA NAVAL BASE FROM 10:25 A.M. TO 1:15 P.M. ON MAY 3, 1957. YOU NOW STATE THAT NO GOVERNMENT MEALS WERE AVAILABLE OR UTILIZED BY YOU ON THAT DAY. YOUR ITINERARY SHOWS THAT YOU DEPARTED TACHAKAWA AT 7:30 A.M. ON MAY 3, 1957, AND ARRIVED BACK AT TACKAKAWA AT 5:25 P.M. ON MAY 3, 1957. ON MAY 5, 1957, YOU DEPARTED TACHOKAWA AT 7:30 A.M. AND ARRIVED AT CAMP FUJI AT 2:10 P.M. ON THE SAME DAY. IN YOUR LETTER OF AUGUST 21, 1957, ADDRESSED TO OUR CLAIMS DIVISION, YOU STATED THAT YOU WERE FURNISHED AN EVENING MEAL AND QUARTERS AT CAMP FUJI ON MAY 5 AND ALSO TWO MEALS ON MAY 17 AT CAMP FUJI. ON COMPLETION OF YOUR ACTIVE DUTY FOR TRAINING, YOU APPARENTLY DEPARTED CAMP FUJI AT 4:20 P.M. ON MAY 17, 1957, AND ARRIVED AT TACHOKAWA AT 10:30 P.M. ON THE SAME DAY.

PARAGRAPH 4253, JOINT TRAVEL REGULATIONS, CHANGE 56, PROVIDED A $9 PER DIEM ALLOWANCE FOR MILITARY PERSONNEL IN A TRAVEL STATUS OUTSIDE THE CONTINENTAL UNITED STATES DURING THE PERIOD OF YOUR CLAIM. PARAGRAPH 6001, JOINT TRAVEL REGULATIONS, CHANGE 35, PROVIDES-

"UPON CALL (OR ORDER) TO, OR RELIEF FROM, ACTIVE DUTY FOR TRAINING WITH PAY, INCLUDING TRAVEL REQUIRED IN CONNECTION WITH QUALIFYING EXAMINATIONS UPON CALL (OR ORDER) TO ACTIVE DUTY FOR TRAINING WITH PAY, MEMBERS OF THE RESERVE COMPONENTS WILL BE ENTITLED TO THE TRAVEL AND TRANSPORTATION ALLOWANCES PRESCRIBED IN CHAPTER 4. NO TRAVEL PER DIEM ALLOWANCES ARE PAYABLE FOR ANY PERIOD A MEMBER IS AT HIS TRAINING DUTY STATION."

PARAGRAPH 044735, NAVY COMPTROLLER MANUAL, CHANGE 59 CONTAINS A SIMILAR PROVISION. HENCE YOU ACCRUED THE GROSS AMOUNT OF $27 IN PER DIEM FOR YOUR THREE DAYS IN A TRAVEL STATUS.

PARAGRAPH 4254, JOINT TRAVEL REGULATIONS, CHANGE 54, REQUIRED A DEDUCTION OF 15 PERCENT PER DIEM FOR EACH GOVERNMENT MEAL UTILIZED UNDER CONDITIONS CITED IN PARAGRAPH 4451-4 AND A DEDUCTION OF 40 PERCENT OF PER DIEM FOR EACH DAY QUARTERS ARE AVAILABLE EXCEPT UPON THE DAY OF RETURN TO THE PERMANENT DUTY STATION WHEN A 40 PERCENT QUARTER DEDUCTION MUST BE MADE REGARDLESS OF AVAILABILITY. PARAGRAPH 4451-4, JOINT TRAVEL REGULATIONS, CHANGE 58, PROVIDES THAT A CERTIFICATE OF THE MEMBER AS TO UTILIZATION, AS DISTINGUISHED FROM AVAILABILITY, OF GOVERNMENT QUARTERS AND MESS SHALL SUPPORT PAYMENT OF PER DIEM ALLOWANCES FOR ANY PERIOD OF TRAVEL DELAY OF LESS THAN 24 HOURS DURATION. YOUR LETTER OF JULY 19, 1958, MAY BE ACCEPTED AS SATISFYING THIS REQUIREMENT WITH REGARD TO THE NON MEAL OF MAY 3, 1957; HOWEVER, PARAGRAPH 4254, JOINT TRAVEL REGULATIONS, REQUIRES A 40 PERCENT DEDUCTION FOR QUARTERS UPON YOUR RETURN TO YOUR PERMANENT DUTY STATION AT TACHAKAWA ON MAY 3. LIKEWISE YOUR PER DIEM FOR MAY 5, 1957, IS SUBJECT TO A DEDUCTION OF 55 PERCENT FOR ONE MEAL AND QUARTERS. YOUR PER DIEM FOR MAY 17, 1957, IS SUBJECT TO A DEDUCTION OF 70 PERCENT FOR TWO MEALS AND QUARTERS ON RETURN TO YOUR PERMANENT DUTY STATION. THIS LEAVES $12.15 FROM WHICH THE PAYMENT OF $7.65, WHICH YOU HAVE ALREADY RECEIVED, MUST BE SUBTRACTED. THUS, THE NET PER DIEM PAYABLE TO YOU IS $4.50.

AS A GENERAL RULE AND IN THE ABSENCE OF A PROHIBITORY STATUTE AN OFFICER OR EMPLOYEE MAY ELECT TO MAKE USE OF SOME MODE OF TRANSPORTATION OTHER THAN THAT MENTIONED IN HIS ORDERS IF THE INTERESTS OF THE GOVERNMENT ARE NOT JEOPARDIZED THEREBY, BUT IN THE EVENT THE OFFICER OR EMPLOYEE CHOOSES TO TRAVEL BY A METHOD DIFFERENT FROM THAT SPECIFICALLY DIRECTED IN HIS ORDERS, THE AMOUNT THE GOVERNMENT IS OBLIGATED TO PAY MAY NOT EXCEED WHAT IT WOULD HAVE COST HAD THE TRAVELER PROCEEDED BY THE METHOD OF TRANSPORTATION STATED IN HIS ORDERS. 18 COMP. GEN. 477; 21 ID. 116; B- 43197, JULY 28, 1944. IN YOUR CASE THERE IS NO SHOWING THAT YOUR TRAVEL BY GOVERNMENT AIRCRAFT WOULD HAVE ENTAILED ANY EXPENSE TO THE GOVERNMENT. THEREFORE, YOU ARE ENTITLED TO NO REIMBURSEMENT FOR TRANSPORTATION INCIDENT TO YOUR PHYSICAL EXAMINATION ON MAY 3, 1957.

SETTLEMENT WILL ISSUE ACCORDINGLY.