B-141254, DEC. 22, 1959

B-141254: Dec 22, 1959

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235 27 93: REFERENCE IS MADE TO YOUR CLAIM OF OCTOBER 9. WHILE YOU WERE ON TEMPORARY DUTY UNDERGOING A COURSE OF INSTRUCTION AT THE NAVAL BASE. YOU WERE ALLOWED $1 PER DAY FOR THAT PERIOD FOR THE REASON THAT GOVERNMENT QUARTERS AND SUBSISTENCE WERE AVAILABLE EVEN THOUGH NOT UTILIZED AT THE TIME YOU WERE UNDERGOING THE COURSE OF INSTRUCTION. YOUR PRESENT CLAIM IS BEING CONSIDERED AS IN THE NATURE OF A REQUEST FOR REVIEW OF THE SETTLEMENT OF SEPTEMBER 3. ADVANCE INFORMATION RELATIVE TO THE TRAINING CONFERENCE WAS CONTAINED IN COMONE NOTICE 6250 ISSUED APRIL 16. THE NEXT MORNING WHEN YOU REPORTED TO THE NAVAL BASE YOU SAY YOU WERE TOLD OF NAVY BILLETING. APPARENTLY BEING TOLD THAT QUARTERS AND SUBSISTENCE WERE AVAILABLE FOR YOU.

B-141254, DEC. 22, 1959

TO MR. ROBERT B. CASE, EM1, USN, 235 27 93:

REFERENCE IS MADE TO YOUR CLAIM OF OCTOBER 9, 1959, RECLAIMING PER DIEM AT THE RATE OF $12 FOR THE PERIOD MAY 11-14, 1959, WHILE YOU WERE ON TEMPORARY DUTY UNDERGOING A COURSE OF INSTRUCTION AT THE NAVAL BASE, NEWPORT, RHODE ISLAND, PURSUANT TO STANDARD TRANSFER ORDERS NO. 44-59, DATED MAY 6, 1959. BY OFFICE SETTLEMENT DATED SEPTEMBER 3, 1959, YOU WERE ALLOWED $1 PER DAY FOR THAT PERIOD FOR THE REASON THAT GOVERNMENT QUARTERS AND SUBSISTENCE WERE AVAILABLE EVEN THOUGH NOT UTILIZED AT THE TIME YOU WERE UNDERGOING THE COURSE OF INSTRUCTION. YOUR PRESENT CLAIM IS BEING CONSIDERED AS IN THE NATURE OF A REQUEST FOR REVIEW OF THE SETTLEMENT OF SEPTEMBER 3, 1959.

THE ORDERS OF MAY 6, 1959, ISSUED AT YOUR DUTY STATION, PORTSMOUTH NAVAL SHIPYARD, PORTSMOUTH, NEW HAMPSHIRE, DIRECTED YOU TO PROCEED TO THE PUBLIC WORKS CENTER, U.S. NAVAL BASE, NEWPORT, RHODE ISLAND, FOR A TRAINING CONFERENCE ON INSECT AND RODENT SURVEY AND CONTROL METHODS COMMENCING MAY 11, 1959, AND UPON COMPLETION, TO RETURN TO YOUR DUTY STATION. ADVANCE INFORMATION RELATIVE TO THE TRAINING CONFERENCE WAS CONTAINED IN COMONE NOTICE 6250 ISSUED APRIL 16, 1959, BY HEADQUARTERS, FIRST NAVAL DISTRICT, BOSTON, MASSACHUSETTS. PARAGRAPH 3D THEREOF, STATES THAT PERSONNEL ASSIGNED TO THE COURSE SHOULD BE DIRECTED TO REPORT BETWEEN 0800 AND 0930 ON MAY 11 FOR INFORMATION REGARDING BILLETING, BUT FURTHER STATES THAT NO MESSING OR BERTHING FACILITIES WOULD BE AVAILABLE TO PERSONNEL ATTENDING THIS COURSE AND ADVISED THAT THE COMMANDING OFFICER IN THE CENTER WOULD MAKE EVERY EFFORT TO SECURE RESERVATIONS OUTSIDE THE BASE FOR THOSE WHO INDICATED THEIR REQUIREMENTS.

IT APPEARS THAT YOU ARRIVED AT NEWPORT AT 4:30 P.M. ON MAY 10, 1959, AND PROCURED RESERVATIONS AT A MOTEL AND PAID IN ADVANCE FOR FIVE DAYS. THE NEXT MORNING WHEN YOU REPORTED TO THE NAVAL BASE YOU SAY YOU WERE TOLD OF NAVY BILLETING, APPARENTLY BEING TOLD THAT QUARTERS AND SUBSISTENCE WERE AVAILABLE FOR YOU. YOU FURTHER SAY THAT YOU THEN TOLD A LIEUTENANT SYKES OF YOUR OUTSIDE RESERVATIONS AND THAT, AFTER HE CHECKED INTO THE MATTER, YOU WERE AUTHORIZED TO STAY IN TOWN AND ADVISED THAT YOUR ORDERS WOULD BE ENDORSED TO INDICATE THAT NO GOVERNMENT QUARTERS OR MESSING FACILITIES WERE AVAILABLE. HOWEVER, PRIOR TO YOUR DEPARTURE FROM THAT STATION, YOUR ORDERS WERE ENDORSED TO STATE THAT GOVERNMENT QUARTERS AND SUBSISTENCE WERE AVAILABLE BUT NOT UTILIZED.

PARAGRAPH 4205.5, JOINT TRAVEL REGULATIONS, CONTAINS A TABLE OF PER DIEM RATES WITHIN THE UNITED STATES. ITEM D THEREOF PROVIDES THAT ENLISTED MEMBERS UNDERGOING COURSES OF INSTRUCTION AT AN INSTALLATION OF THE UNIFORMED SERVICES ARE ENTITLED, DURING THE FIRST 30 DAYS AT THAT STATION, TO A PER DIEM OF $12 IF NO GOVERNMENT QUARTERS AND MESSING FACILITIES ARE AVAILABLE; $6 PER DAY IF EITHER ONE OR THE OTHER IS AVAILABLE, AND $1 PER DAY IF BOTH ARE AVAILABLE. PARAGRAPH 4451.1 (2) PROVIDES THAT IT IS THE POLICY OF THE UNIFORMED SERVICES THAT AVAILABLE GOVERNMENT QUARTERS AND MESS MUST BE UTILIZED BY MEMBERS IN A TRAVEL STATUS TO THE MAXIMUM EXTENT PRACTICAL, EXCEPT WHEN THE COMMANDING OFFICER (OR HIS DESIGNATED REPRESENTATIVE) AT THE TEMPORARY DUTY STATION FURNISHES A CERTIFICATE OR STATEMENT TO THE EFFECT THAT UTILIZATION OF EXISTING GOVERNMENT FACILITIES WAS IMPRACTICAL. OTHERWISE, PARAGRAPH 4451.3 (2) PROVIDES THAT THE COMMANDING OFFICER'S CERTIFICATE THAT GOVERNMENT QUARTERS AND MESSING FACILITIES WERE NOT AVAILABLE BE FURNISHED FOR THE ENTIRE PERIOD OF TEMPORARY DUTY INVOLVED TO SUBSTANTIATE PAYMENT OF FULL PER DIEM UNDER THE PROVISIONS OF ITEM D OF THE TABLE CONTAINED IN PARAGRAPH 4205.5.

SINCE NEITHER THE CERTIFICATES OR STATEMENTS REQUIRED BY PARAGRAPH 4451.1 (2) OR 4451.3 (2) OF THE JOINT TRAVEL REGULATIONS HAVE BEEN FURNISHED, THERE IS NO AUTHORITY FOR PAYMENT OF PER DIEM AT $12 FOR THE PERIOD YOU WERE ATTENDING THE TRAINING COURSE AT THE PUBLIC WORKS CENTER, NAVAL STATION, NEWPORT, RHODE ISLAND. THE ENDORSEMENT ON THE ORDERS OF MAY 6, 1959, INDICATES THAT QUARTERS AND SUBSISTENCE WERE IN FACT AVAILABLE AND IT WAS STATED ON THE VOUCHER ON WHICH YOU CLAIMED REIMBURSEMENT THAT THEY WERE AVAILABLE BUT NOT UTILIZED. COMMON NOTICE 6250, DATED APRIL 16, 1959, WAS FURNISHED TO THE VARIOUS NAVAL ESTABLISHMENTS CONCERNED TO ADVISE THEM OF THE ACTION NECESSARY FOR PERSONNEL UNDER THEIR JURISDICTION TO ATTEND THE TRAINING CONFERENCE, BUT THE STATEMENT IN PARAGRAPH 3D THAT NO MESSING OR BERTHING FACILITIES WOULD BE AVAILABLE AT THE NAVAL BASE DID NOT CONSTITUTE A DETERMINATION TO THAT EFFECT FOR THE PURPOSE OF PAYMENT OF PER DIEM TO PERSONNEL ASSIGNED TO THE COURSE, SUCH MATTER BEING FOR DETERMINATION BY THE BASE COMMANDER OR HIS DESIGNATED REPRESENTATIVE. AND, IN THAT CONNECTION, IT WILL BE OBSERVED THAT PARAGRAPH 3D ALSO STATED THAT PERSONNEL ASSIGNED TO THE COURSE WERE TO REPORT TO THE DESIGNATED OFFICE AT THE BASE FOR INFORMATION REGARDING BILLETING.

IN THE CONSIDERATION OF YOUR CLAIM THERE HAS NOT BEEN OVERLOOKED A STATEMENT DATED JULY 23, 1959, FROM THE COMMANDING OFFICER OF THE NAVAL STATION AT NEWPORT, RECEIVED HERE SUBSEQUENT TO THE SETTLEMENT OF SEPTEMBER 3, 1959. THAT STATEMENT IS TO THE EFFECT THAT THE INFORMATION IN PARAGRAPH 3D OF COMMON NOTICE 6250 CONSTITUTED NOTICE TO YOU THAT QUARTERS AND MESSING FACILITIES WERE NOT AVAILABLE FOR YOU DURING THE COURSE OF INSTRUCTION AND, IN FACT, WERE NOT MADE AVAILABLE TO YOU. HOWEVER, IN VIEW OF THE CONTEMPORANEOUS ENDORSEMENT PLACED ON YOUR ORDERS AND YOUR OWN STATEMENT THAT WHEN YOU REPORTED TO THE BASE AT NEWPORT YOU WERE ADVISED OF NAVY BILLETING AND THAT IT WAS ONLY AFTER YOU INFORMED THE OFFICER OF YOUR OUTSIDE RESERVATIONS THAT YOU WERE AUTHORIZED TO "STAY IN TOWN," IT SEEMS CLEAR THAT YOU WERE ADVISED OF AVAILABLE QUARTERS AND MESSING FACILITIES AND THAT THEY WOULD HAVE BEEN MADE AVAILABLE TO YOU BUT FOR YOUR PERSONAL ARRANGEMENTS TO STAY ELSEWHERE. THE FACT THAT YOU MAY HAVE BEEN TOLD A PER DIEM WOULD BE PAID TO YOU CONSTITUTES NO AUTHORITY FOR SUCH A PAYMENT CONTRARY TO APPLICABLE REGULATIONS.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD THE SETTLEMENT OF SEPTEMBER 3, 1959, WAS PROPER AND IS SUSTAINED.