B-141602, FEB. 19, 1960

B-141602, FEB. 19, 1960

TO MR. CHARLES T. FREEMAN, JR.:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 10, 1959, WITH ENCLOSURES, REQUESTING REVIEW OF SETTLEMENT DATED OCTOBER 27, 1959, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM FOR THE PERIOD JULY 1 TO 25, 1957.

BY MOVEMENT ORDERS NO. 10, DATED JUNE 28, 1957, HEADQUARTERS, U.S. ARMY ELECTRONIC PROVING GROUND, FORT HUACHUCA, ARIZONA, YOU WERE DESIGNATED OFFICER IN CHARGE OF A GROUP OF FIVE ENLISTED MEMBERS. YOU WERE TO PROCEED BY GOVERNMENT VEHICLE TO THE PRESIDIO OF SAN FRANCISCO, CALIFORNIA, ON TEMPORARY CHANGE OF STATION FOR APPROXIMATELY 25 DAYS AND RETURN TO YOUR DUTY STATION UPON COMPLETION. THE ORDERS PROVIDED THAT ALL TRAVEL AND TEMPORARY DUTY CONSTITUTED DUTY OF A TYPE CONTEMPLATED BY PARAGRAPHS 4201.6 AND 4205.3, JOINT TRAVEL REGULATIONS, AND ARMY REGULATIONS 35-3080, AND THAT APPROPRIATE CERTIFICATES IN ACCORDANCE WITH PARAGRAPH 4451, JOINT TRAVEL REGULATIONS, WOULD BE FURNISHED.

YOUR ITINERARY SHOWS THAT YOU LEFT FORT HUACHUCA, ARIZONA, AT 4 A.M. ON JULY 1, 1957, AND ARRIVED AT THE PRESIDIO, SAN FRANCISCO, CALIFORNIA, AT 5 P.M. ON JULY 4, 1957, AFTER STOPOVERS AT VINCENT AIR FORCE BASE, FORT MACARTHUR AND SAN LUIS OBISPO. YOU LEFT THE PRESIDIO OF SAN FRANCISCO AT 5 A.M. ON JULY 12, 1957, AND ARRIVED AT SANTA ROSA, CALIFORNIA, AT 8 A.M. THE SAME DAY. YOU REMAINED THERE UNTIL JULY 17, 1957, WHEN YOU DEPARTED AT 9 A.M. FOR THE PRESIDIO, SAN FRANCISCO, ARRIVING THERE AT 11 P.M. THAT DAY. YOU WERE THERE UNTIL 6 A.M. ON JULY 22, 1957, WHEN YOU DEPARTED FOR YOUR PERMANENT DUTY STATION AT FORT HUACHUCA, ARIZONA. YOU ARRIVED THERE AT 3:30 P.M. ON JULY 25, 1957, AFTER MAKING STOPOVERS AT CAMP ROBERTS, FORT MACARTHUR AND VINCENT AIR FORCE BASE.

THE RECORD SHOWS YOU WERE PAID AT THE TRAVEL RATE OF $9 PER DAY FOR 5 3/4 DAYS, OR A TOTAL SUM OF $51.75, FOR TIME SPENT EN ROUTE FROM FORT HUACHUCA, ARIZONA, TO THE PRESIDIO OF SAN FRANCISCO, CALIFORNIA, AND RETURN, AND THE SUM OF $40 FOR QUARTERS AND $27 FOR MEALS FOR THE PERIOD OF ADDITIONAL TEMPORARY DUTY AT SANTA ROSA, CALIFORNIA, DURING THE PERIOD JULY 12 TO 16, 1957. DURING THE REMAINING PERIODS OF TEMPORARY DUTY (JULY 5 TO 11 AND 17 TO 22, 1957) YOU WERE AT THE PRESIDIO OF SAN FRANCISCO, CALIFORNIA, PERFORMING DUTY OF A TYPE CONTEMPLATED BY PARAGRAPHS 4201.6 AND 4205.3, JOINT TRAVEL REGULATIONS AND ARMY REGULATIONS 35-3080.

PARAGRAPH 4201.6, JOINT TRAVEL REGULATIONS PROHIBITS 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 PERIODS INVOLVING TEMPORARY DUTY ON AN INSTALLATION OF THE UNIFORMED SERVICES AND PER DIEM IS AUTHORIZED IN ACCORDANCE WITH THE REGULATIONS ISSUED BY THE SECRETARY OF THE SERVICE CONCERNED. UNDER ARMY REGULATIONS NO. 35-3080, DATED MAY 15, 1956, THEN IN EFFECT, MEMBERS PERFORMING FIELD TYPE DUTY AT AN INSTALLATION COULD QUALIFY FOR PER DIEM ONLY ON THE BASIS THAT THE MEMBER WAS QUARTERED SEPARATELY FROM THOSE UNDERGOING TRAINING, OR IF THE EXERCISE OR ACTIVITY WAS CONDUCTED TO PERMIT ALL PARTICIPANTS TO UTILIZE QUARTERS NORMALLY AVAILABLE ON THE INSTALLATION TO PERSONNEL ON TEMPORARY DUTY AS DISTINGUISHED FROM QUARTERS SPECIFICALLY ESTABLISHED OR DESIGNATED FOR USE IN CONNECTION WITH THE EXERCISE OR ACTIVITY. THE REGULATION ALSO PROVIDES THAT VOUCHERS CLAIMING SUCH PER DIEM ALLOWANCES WILL BE SUBSTANTIATED BY A CERTIFICATE EXECUTED BY COMPETENT AUTHORITY (COMMANDING OFFICER OF THE INSTALLATION, MANEUVER, OR EXERCISE DIRECTOR, OR COMMANDING OFFICER OF THE EXERCISE OR ACTIVITY AT THE INSTALLATION INVOLVED). NO SUCH CERTIFICATE HAS BEEN FURNISHED IN YOUR CASE. THEREFORE, WE HAVE NO AUTHORITY TO ALLOW YOU PER DIEM FOR THE PERIOD OF TEMPORARY DUTY AT THE PRESIDIO OF SAN FRANCISCO, CALIFORNIA.