B-140194, JAN. 5, 1960

B-140194: Jan 5, 1960

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RUDLOFF: FURTHER REFERENCE IS MADE TO YOUR LETER OF JUNE 18. OF WHICH YOU WERE A MEMBER. WAS TRANSFERRED FROM BEALE AIR FORCE BASE. IT IS REPORTED. THAT THERE IS NO RECORD OF ORDERS HAVING BEEN ISSUED FOR SUCH TRAVEL AND TEMPORARY DUTY. TO DATE NO REPLY HAS BEEN RECEIVED NOR HAVE THE ORDERS BEEN FURNISHED. THE ADMINISTRATIVE OFFICE HAS REPORTED THATA RECORD OF ORDERS DIRECTING THE TRAVEL AND TEMPORARY DUTY COVERED BY YOUR CLAIM CANNOT BE LOCATED AND SINCE YOU APPARENTLY ARE UNABLE TO FURNISH SUCH ORDERS. THERE IS NO BASIS FOR PAYMENT OF YOUR CLAIM. IS SUSTAINED ON THE PRESENT RECORD. IF YOU ARE ABLE TO FURNISH A COPY OF THE ORDERS REFERRED TO IN YOUR LETTER THE MATTER WILL BE GIVEN FURTHER CONSIDERATION.

B-140194, JAN. 5, 1960

TO MR. ROBERT H. RUDLOFF:

FURTHER REFERENCE IS MADE TO YOUR LETER OF JUNE 18, 1959, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF MAY 29, 1959, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR TRAVEL AND TEMPORARY DUTY DURING THE PERIOD MAY TO SEPTEMBER 1952, AT ELMENDORF AIR FORCE BASE, ALASKA, WHILE SERVING AS AN ARMY ENLISTED MAN ATTACHED TO THE AIR FORCE IN A SPECIAL (SCARWAF) STATUS.

THE RECORD INDICATES THAT ON MAY 3, 1952, COMPANY "A," 297TH ENGINEER AVIATION BATTALION, OF WHICH YOU WERE A MEMBER, WAS TRANSFERRED FROM BEALE AIR FORCE BASE, CALIFORNIA, TO ELMENDORF AIR FORCE BASE, ALASKA, FOR TEMPORARY DUTY AND THAT IT RETURNED TO BEALE AIR FORCE BASE ON SEPTEMBER 30, 1952. IT IS REPORTED, HOWEVER, THAT THERE IS NO RECORD OF ORDERS HAVING BEEN ISSUED FOR SUCH TRAVEL AND TEMPORARY DUTY.

IN YOUR REQUEST FOR REVIEW YOU STATED THAT YOU COULD FURNISH A COPY OF ORDERS AUTHORIZING PER DIEM FOR THE TRAVEL AND TEMPORARY DUTY COVERED BY YOUR CLAIM, AND BECAUSE OF THAT INDICATION WE REQUESTED, BY OFFICE LETTERS OF AUGUST 10, 1959, AND NOVEMBER 13, 1959, THAT YOU FURNISHED A COPY OF THOSE ORDERS FOR USE IN REVIEW OF YOUR CLAIM. TO DATE NO REPLY HAS BEEN RECEIVED NOR HAVE THE ORDERS BEEN FURNISHED.

UNDER THE LAW AND CONTROLLING REGULATIONS A PER DIEM ALLOWANCE MAY BE AUTHORIZED FOR TRAVEL AND TEMPORARY DUTY WHEN PERFORMED UNDER COMPETENT ORDERS EXCEPT UNDER CERTAIN CIRCUMSTANCES SET FORTH IN THE REGULATIONS. THE ADMINISTRATIVE OFFICE HAS REPORTED THATA RECORD OF ORDERS DIRECTING THE TRAVEL AND TEMPORARY DUTY COVERED BY YOUR CLAIM CANNOT BE LOCATED AND SINCE YOU APPARENTLY ARE UNABLE TO FURNISH SUCH ORDERS, THERE IS NO BASIS FOR PAYMENT OF YOUR CLAIM. THEREFORE, THE SETTLEMENT OF MAY 29, 1959, IS SUSTAINED ON THE PRESENT RECORD. HOWEVER, IF YOU ARE ABLE TO FURNISH A COPY OF THE ORDERS REFERRED TO IN YOUR LETTER THE MATTER WILL BE GIVEN FURTHER CONSIDERATION.