B-140270, AUG. 21, 1959

B-140270, AUG. 21, 1959

TO MR. JERRY W. SEGROVES:

REFERENCE IS MADE TO YOUR LETTER OF JULY 5, 1959, REQUESTING REVIEW OF SETTLEMENT DATED JUNE 29, 1959, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD JUNE 25 TO OCTOBER 17, 1957.

BY ORDERS DATED JANUARY 16, 1957, AS AMENDED BY ORDERS DATED FEBRUARY 21, 1957, YOU WERE ORDERED TO ACTIVE DUTY FOR TRAINING FOR SIX MONTHS AND DIRECTED TO PROCEED FROM YOUR HOME ON PERMANENT CHANGE OF STATION AND REPORT NOT LATER THAN JUNE 24, 1957, TO THE UNITED STATES ARMY ARMOR SCHOOL, FORT KNOX, KENTUCKY. BY PERMANENT CHANGE OF STATION ORDERS DATED SEPTEMBER 27, 1957, YOU WERE TRANSFERRED TO DUTY STATION AT FORT BLISS, KENTUCKY. YOU CONTEND THAT BY REASON OF THE LATTER ORDERS, FORT KNOX SHOULD BE REGARDED AS A TEMPORARY STATION FROM THE DATE YOU INITIALLY REPORTED THERE. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JUNE 29, 1959, FOR THE REASON THAT PARAGRAPH 6001 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT NO TRAVEL PER DIEM ALLOWANCES ARE PAYABLE TO MEMBERS OF RESERVE COMPONENTS CALLED TO ACTIVE DUTY FOR TRAINING WITH PAY FOR ANY PERIODS WHILE AT THEIR TRAINING DUTY STATION.

IN YOUR LETTER YOU AGREE THAT PARAGRAPH 6001 PROHIBITS PAYMENT OF PER DIEM ALLOWANCES TO MEMBERS PERFORMING ACTIVE DUTY TRAINING FOR PAY. HOWEVER, YOU SAY THIS IS APPLICABLE ONLY TO RESERVISTS ON ACTIVE DUTY FOR TRAINING DURING TWO-WEEK MANDATORY ANNUAL TRAINING PERIODS. YOU BELIEVE THAT AS A RESERVIST ON SIX MONTHS' ACTIVE DUTY FOR TRAINING YOU ARE ENTITLED TO THE PAY AND ALLOWANCES AUTHORIZED FOR RESERVE OFFICERS SERVING EXTENDED PERIODS OF ACTIVE DUTY AND, THEREFORE, YOU SHOULD BE ALLOWED PER DIEM FOR THE PERIOD YOU ATTENDED THE COURSE OF INSTRUCTION AT FORT KNOX, KENTUCKY, UNDER THE PROVISIONS OF CHAPTER 4, PART E OF THE JOINT TRAVEL REGULATIONS.

WHILE CHAPTER 4, PART E, JOINT TRAVEL REGULATIONS, AUTHORIZES PAYMENT OF PER DIEM FOR PERIODS OF TEMPORARY DUTY AWAY FROM A PERMANENT STATION UNDER THE CIRCUMSTANCES THERE PROVIDED, THE SITUATION OF A RESERVE OFFICER ORDERED TO ACTIVE DUTY FOR TRAINING IS DIFFERENT FROM THAT OF OTHER OFFICERS SERVING ON EXTENDED PERIODS OF ACTIVE DUTY. UNLIKE THE LATTER, A RESERVE OFFICER ON ACTIVE DUTY FOR TRAINING FOR LESS THAN ONE YEAR IS NOT PERMITTED TO BRING HIS DEPENDENTS TO HIS MILITARY STATION AT GOVERNMENT EXPENSE (PARAGRAPH 7000-4, JOINT TRAVEL REGULATIONS) AND ONLY THE TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE OF HOUSEHOLD GOODS MAY BE SHIPPED AT GOVERNMENT EXPENSE (PARAGRAPH 8009-3B, JOINT TRAVEL REGULATIONS). PARAGRAPH 6000-4, CHANGE 2, OF SUCH REGULATIONS, EFFECTIVE FROM AUGUST 1, 1952, EXPRESSLY BARRED PAYMENT OF TRAVEL PER DIEM ALLOWANCES FOR ANY PERIOD A MEMBER ON ACTIVE DUTY FOR TRAINING WAS AT "HIS TRAINING DUTY STATION.' PARAGRAPH 6001 OF THE CURRENT REGULATIONS IS TO THE SAME EFFECT.

WHERE, AS HERE, A RESERVE OFFICER IS ORDERED TO ACTIVE DUTY FOR TRAINING AT A COURSE OF INSTRUCTION, THAT PLACE MUST BE REGARDED AS "HIS TRAINING DUTY STATION" WITHOUT REGARD TO THE LENGTH OF THE COURSE OF INSTRUCTION, THE DESIGNATION OF SUCH DUTY AS TEMPORARY DUTY, OR WHETHER HE LATER IS ORDERED TO ANOTHER STATION TO COMPLETE HIS TRAINING DUTY.

THERE BEING NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM, THE SETTLEMENT OF JUNE 29, 1959, IS SUSTAINED.