B-137573, NOV 25, 1958

B-137573, NOV 25, 1958

PRECIS-UNAVAILABLE

CAPTAIN HAROLD W. MARTIN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 10, 1958, REQUESTING REVIEW OF OUR SETTLEMENT OF JULY 14, 1958, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM INCIDENT TO TEMPORARY DUTY PERFORMED AT CAMP ROBERTS, CALIFORNIA, DURING THE PERIOD APRIL 9 TO AUGUST 3, 1956.

BY LETTER ORDERS 0-4-22, HEADQUARTERS 5TH INFANTRY DIVISION AND FORT ORD, CALIFORNIA, DATED APRIL 4, 1956, YOU WERE DIRECTED TO PROCEED ON TEMPORARY DUTY TO CAMP ROBERTS FOR AN INDEFINITE PERIOD ON OR ABOUT APRIL 9, 1956, "FOR DUTY AS CLUB OFFICER WITH OFFICERS OPEN MESS, ROTC," UPON THE COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR PROPER STATION.

YOU PROCEEDED TO CAMP ROBERTS UNDER THOSE ORDERS ON APRIL 9, 1956, AND RETURNED TO FORT ORD ON AUGUST 3, 1956. YOU STATED IN YOUR CLAIM THAT GOVERNMENT QUARTERS WERE FURNISHED TO YOU DURING THE PERIOD INVOLVED, BUT THAT GOVERNMENT MESS WAS NOT UTILIZED. IT IS ASSUMED, HOWEVER, ON THE BASIS OF INFORMATION ON FILE HERE, THAT A GOVERNMENT MESS WAS AVAILABLE AT CAMP ROBERTS HAD YOU CHOSEN TO USE IT. LETTER ORDERS 0-5-90 OF HEADQUARTERS, U. S. ARMY TRAINING CENTER, INFANTRY AND FORT ORD, CALIFORNIA, DATED MAY 13, 1958, ARE STATED TO CONFIRM VERBAL ORDERS OF APRIL 9, 1956, WHICH AMENDED YOUR ORDERS OF APRIL 4, 1956, TO DELETE THAT PART AUTHORIZING TRAVEL BY GOVERNMENT MOTOR TRANSPORTATION OR PRIVATE AUTOMOBILE AT NO EXPENSE TO THE GOVERNMENT AND TO PROVIDE THAT "ALL TEMPORARY DUTY PERFORMED UNDER THIS ORDER CONSTITUTES DUTY OF A TYPE CONTEMPLATED BY PARA 4201.6 JTR, 1951, AS CHANGED." A CERTIFICATE DATED DECEMBER 13, 1957, TO THE EFFECT THAT YOU WERE AUTHORIZED TO BE QUARTERED SEPARATELY FROM THOSE PARTICIPATING IN THE SUMMER TRAINING PROGRAM AT CAMP ROBERTS DURING THE PERIOD APRIL 9 TO AUGUST 3, 1956, ACCOMPANIED YOUR CLAIM.

PARAGRAPH 4201.6 OF THE JOINT TRAVEL REGULATIONS PROHIBITS THE PAYMENT OF PER DIEM TO MEMBERS OF THE UNIFORMED SERVICES WHILE PARTICIPATING IN MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES, TRAINING ENCAMPMENTS FOR THE RESERVE COMPONENTS, OR 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 UNIFORMED SERVICES IF PER DIEM IS AUTHORIZED IN ACCORDANCE WITH REGULATIONS ISSUED BY THE SECRETARY OF THE SERVICE CONCERNED. REGULATIONS ISSUED UNDER THAT EXCEPTION FOR ARMY PERSONNEL, HOWEVER, PROVIDING THAT A MEMBER PERFORMING TEMPORARY DUTY OF THE FIELD DUTY TYPE AT AN INSTALLATION OF THE UNIFORMED SERVICE IS ENTITLED TO PER DIEM WHEN AUTHORIZED TO BE QUARTERED SEPARATELY FROM THOSE PARTICIPATING IN THE FIELD DUTY ACTIVITIES (PARAGRAPH 5C, AR 35-3080, MAY 15, 1956), HAVE BEEN HELD TO BE INAPPLICABLE TO PERSONNEL AT CAMP ROBERTS DURING THE PERIOD IN QUESTION, THAT CAMP NOT BEING CONSIDERED AN INSTALLATION OF THE UNIFORMED SERVICES FOR PER DIEM PURPOSES BECAUSE OF ITS CLASSIFICATION BY THE DEPARTMENT OF THE ARMY AS AN INACTIVE INSTALLATION. B-136993, SEPTEMBER 18, 1958. FURTHER, HEADQUARTERS, UNITED STATES ARMY TRAINING CENTER, FORT ORD, HAS REPORTED THAT ANY CERTIFICATION THAT AN INDIVIDUAL WAS AUTHORIZED TO BE QUARTERED SEPARATELY PRESUMABLY WAS DUE TO A MISINTERPRETATION OF ARMY REGULATION 35-3080, MAY 15, 1956, SINCE IN THE CONDUCT OF THE SUMMER CAMP ALL QUARTERS WERE IDENTICAL AND WERE SEPARATE AND APART ONLY IN THE SENSE THAT SEPARATE BUILDINGS AND BLOCKS OF BUILDINGS WERE USED IN ORDER TO MAINTAIN UNIT INTEGRITY. CONSEQUENTLY, THE INDICATED EXCEPTION IN PARAGRAPH 4201.6 HAS NO APPLICATION IN YOUR CASE.

IT APPEARS THAT THE DUTIES TO WHICH YOU WERE ASSIGNED AT CAMP ROBERTS WERE FOR PERFORMANCE IN CONNECTION WITH PROVIDING OFFICERS CLUB FACILITIES IN SUPPORT OF A TRAINING ENCAMPMENT FOR ROTC STUDENTS AT THAT STATION. DUTIES DIRECTED IN CONNECTION WITH PROVIDING SERVICE SUPPORT FOR THOSE ENGAGED IN ACTIVITIES OF THE FIELD DUTY TYPE CONTEMPLATED BY PARAGRAPH 4201.6 ARE A NECESSARY PART OF SUCH ACTIVITIES AND THOSE ENGAGED IN PROVIDING THAT SUPPORT HAVE BEEN CONSIDERED AS IN FACT PARTICIPATING IN FIELD DUTY ACTIVITIES UNDER THE REGULATIONS. B-137166, OCTOBER 7, 1958. CONSEQUENTLY, IT IS CONSIDERED THAT YOU WERE PARTICIPATING IN FIELD DUTY ACTIVITIES OF THE TYPE CONTEMPLATED BY PARAGRAPH 4201.6, AND INASMUCH AS GOVERNMENT QUARTERS AND MESS WERE AVAILABLE TO YOU AT CAMP ROBERTS, IT IS CONCLUDED THAT NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF JULY 14, 1958, IS SUSTAINED.

WE HAVE FOUND NO RECORD OF RECEIPT BY THIS OFFICE OF A CLAIM FROM A LIEUTENANT DUCEK. IF, AS YOU INDICATE, HE HAS BEEN PAID PER DIEM FOR TEMPORARY DUTY PERFORMED UNDER CIRCUMSTANCES SIMILAR TO THOSE IN YOUR CASE, SUCH PAYMENT WAS ERRONEOUS AND MAH NOT SERVE AS A BASIS FOR THE PAYMENT OF YOUR CLAIM.