B-139645, AUG. 7, 1959

B-139645, AUG. 7, 1959

TO MR. JULIUS W. PULLEN, SFC, RA 14 223 389:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 25, 1959, WITH ENCLOSURE, REQUESTING REVIEW OF SETTLEMENT DATED APRIL 16, 1959, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM INCIDENT TO TEMPORARY DUTY PERFORMED AT CAMP HAVEN, WISCONSIN, DURING THE PERIOD JUNE 2 TO JULY 31, 1957.

BY LETTER ORDERS 5-23 DATED MAY 8, 1957, FORT SHERIDAN, ILLINOIS, YOU WERE DIRECTED TO PROCEED FROM THAT STATION TO CAMP HAVEN FOR TEMPORARY DUTY FOR APPROXIMATELY THREE MONTHS FOR THE PURPOSE OF SUPPORT OF SUMMER TRAINING. THE ORDERS SPECIFICALLY PROVIDED THAT ALL TEMPORARY DUTY PERFORMED THEREUNDER CONSTITUTED DUTY OF A TYPE CONTEMPLATED BY PARAGRAPH 4201.6, JOINT TRAVEL REGULATIONS. YOUR CLAIM WAS DISALLOWED ON THE BASIS THAT WHILE IT WAS SUPPORTED BY A CERTIFICATE THAT YOU WERE FURNISHED GOVERNMENT TEMPORARY DUTY QUARTERS SEPARATELY, OR SUCH QUARTERS WERE AVAILABLE, FROM THE RESERVE COMPONENTS PERSONNEL PARTICIPATING IN THE TRAINING.

PARAGRAPH 4201.6 OF THE JOINT TRAVEL REGULATIONS, CITED IN YOUR ORDERS, PROHIBITS THE PAYMENT OF PER DIEM TO MEMBERS OF THE UNIFORMED SERVICES WHILE PARTICIPATING IN FIELD DUTY TYPE ACTIVITIES (OTHER THAN ADVANCED PLANNING AND CRITIQUE PHASES) WHERE BOTH RATIONS IN KIND AND QUARTERS ARE AVAILABLE, OR FURNISHED, EXCEPT FOR PERIOD INVOLVING TEMPORARY DUTY ON AN INSTALLATION OF THE UNIFORMED SERVICES AND PER DIEM IS AUTHORIZED IN ACCORDANCE WITH REGULATIONS ISSUED BY THE SECRETARY OF THE SERVICE CONCERNED. SUCH EXCEPTION HAS NO APPLICATION TO ANY DUTY SITUATION NOT PERFORMED AT AN INSTALLATION OF THE UNIFORMED SERVICES. PARAGRAPH 3C OF ARMY REGULATIONS 35-3080, IN EFFECT AT THE TIME HERE INVOLVED, IMPLEMENTING THE ABOVE EXCEPTION TO THE PROHIBITION AGAINST PAYMENT OF PER DIEM TO MEMBERS PARTICIPATING IN FIELD DUTY TYPE ACTIVITIES, DEFINES AN ,INSTALLATION OF THE UNIFORMED SERVICES" AS "THE REAL ESTATE AND IMPROVEMENTS THEREON DESIGNATED AS A MILITARY CAMP, POST, STATION, DEPOT, OR RESERVATION AT WHICH FUNCTIONS OF THE UNIFORMED SERVICES ARE CARRIED ON AND WHICH HAS BEEN ESTABLISHED BY ORDER OF ONE OF THE SERVICES.' IN VIEW OF THE APPARENT PURPOSE FOR WHICH AUTHORITY TO PAY PER DIEM INCIDENT TO FIELD DUTY AT AN INSTALLATION WAS EXTENDED IN THE JOINT TRAVEL REGULATIONS, THE IMPLEMENTING REGULATIONS ARE CONSIDERED TO CONTEMPLATE AND TO REFER ONLY TO ACTIVE INSTALLATIONS IN OPERATION UNDER THE NORMAL CIRCUMSTANCES OF HAVING QUARTERS AND MESSING FACILITIES PROVIDED AND AVAILABLE NOT ONLY TO PERSONNEL PERMANENTLY STATIONED THERE BUT ALSO TO THE COMPARATIVELY FEW PERSONS WHO MIGHT BE ASSIGNED THERE FROM TIME TO TIME ON A TEMPORARY BASIS.

IN RESPONSE TO OUR INQUIRY AS TO THE STATUS OF CAMP HAVEN, WISCONSIN, INCLUDING THE USE TO WHICH IT WAS PUT DURING THE PERIOD OF YOUR CLAIM, THE DEPARTMENT OF THE ARMY REPORTED THAT "CAMP HAVEN, WISCONSIN, WAS USED AS AN ACTIVE DUTY TRAINING SITE DURING THE PERIOD 8 MAY--- 31 JULY, 1957.' IN VIEW OF THIS REPORT THE CONCLUSION APPEARS REQUIRED THAT CAMP HAVEN WAS NOT AN ,INSTALLATION OF THE UNIFORMED SERVICES" WITHIN THE MEANING OF THE PER DIEM EXCEPTION PROVISIONS OF ARMY REGULATIONS 35-3080 AS THEN IN EFFECT. HENCE, THERE WOULD APPEAR TO BE NO LEGAL BASIS FOR ALLOWING YOUR CLAIM.