B-141985, JUL. 13, 1960

B-141985: Jul 13, 1960

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CULP: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 1. YOU WERE PLACED ON TEMPORARY DUTY AT COLUMBIA UNIVERSITY. THESE TEMPORARY DUTY ORDERS STATED THAT GOVERNMENT MESSING AND QUARTERS WERE NOT AVAILABLE FOR SUCH TOUR OF TEMPORARY DUTY. YOU WERE QUARTERED AND SUBSISTED WITH OTHER PERSONNEL IN ATTENDANCE AT THAT UNIT AT ONE LOCATION. YOU WERE PAID PER DIEM FOR THE PERIOD IN QUESTION AT THE RATE OF $2.50 A DAY APPARENTLY ON YOUR CERTIFICATION AND BELIEF THAT QUARTERS AND SUBSISTENCE WERE FURNISHED BY A GOVERNMENT CONTRACTOR DURING YOUR COURSE OF INSTRUCTION AT COLGATE UNIVERSITY. THE STATUTORY AUTHORITY FOR THE PAYMENT OF PER DIEM TO MILITARY PERSONNEL WHILE PERFORMING TEMPORARY DUTY IS CONTAINED IN SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949.

B-141985, JUL. 13, 1960

TO COLONEL WILLIAM W. CULP:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 1, 1960, REQUESTING REVIEW OF THE SETTLEMENT DATED JANUARY 22, 1960, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PAYMENT OF SUBSISTENCE AND QUARTERS INCIDENT TO TEMPORARY DUTY ORDERS LO 7-56, DATED JULY 6, 1959. IN SUPPORT OF SUCH CLAIM, YOU SUBMITTED AN UNPAID BILL FOR HOTEL SERVICES FOR THE PERIOD JULY 20 TO 24, 1959, IN THE AMOUNT OF $100, RENDERED TO YOU BY THE AMERICAN MANAGEMENT ASSOCIATION.

THE RECORD SHOWS THAT BY LETTER ORDERS NO. 7-56, DATED JULY 6, 1959, YOU WERE PLACED ON TEMPORARY DUTY AT COLUMBIA UNIVERSITY, HARRIMAN, NEW YORK; COLGATE UNIVERSITY, HAMILTON, NEW YORK, AND THE NATIONAL TRAINING LABORATORY, BETHEL, MAINE, FOR APPROXIMATELY 11 DAYS TO PROCEED ON OR ABOUT JULY 16, 1959, TO ATTEND THE EXECUTIVE PROGRAM IN BUSINESS ADMINISTRATION AND GENERAL MANAGEMENT COURSE. THESE TEMPORARY DUTY ORDERS STATED THAT GOVERNMENT MESSING AND QUARTERS WERE NOT AVAILABLE FOR SUCH TOUR OF TEMPORARY DUTY. IT APPEARS FOR THAT PART OF THE COURSE, SPONSORED BY THE AMERICAN MANAGEMENT ASSOCIATION, WHICH TOOK PLACE AT COLGATE UNIVERSITY (UNIT III) DURING THE PERIOD JULY 20 TO 24, 1959, YOU WERE QUARTERED AND SUBSISTED WITH OTHER PERSONNEL IN ATTENDANCE AT THAT UNIT AT ONE LOCATION, AND YOU SAY THAT YOU COULD NOT CHOOSE YOUR OWN HOTEL ACCOMMODATIONS OR MESSING FACILITIES FOR THAT PERIOD. THE RECORD SHOWS THAT BY VOUCHER NO. 502502, DATED AUGUST 7, 1959, ACCOUNTS OF LIEUTENANT COLONEL C. W. FARNUM, FC, FORT BELVOIR, VIRGINIA, YOU WERE PAID PER DIEM FOR THE PERIOD IN QUESTION AT THE RATE OF $2.50 A DAY APPARENTLY ON YOUR CERTIFICATION AND BELIEF THAT QUARTERS AND SUBSISTENCE WERE FURNISHED BY A GOVERNMENT CONTRACTOR DURING YOUR COURSE OF INSTRUCTION AT COLGATE UNIVERSITY. THEREAFTER, YOU RECEIVED A BILL FOR HOTEL SERVICES IN THE AMOUNT OF $100 FROM THE AMERICAN MANAGEMENT ASSOCIATION AND YOU APPARENTLY BELIEVE THAT THE TOTAL BILL SHOULD BE PAID FOR YOU BY THE GOVERNMENT.

THE STATUTORY AUTHORITY FOR THE PAYMENT OF PER DIEM TO MILITARY PERSONNEL WHILE PERFORMING TEMPORARY DUTY IS CONTAINED IN SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, WHICH PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS UPON A CHANGE OF PERMANENT STATION, OR OTHERWISE, OR WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY. REGULATIONS ISSUED PURSUANT TO THIS STATUTORY AUTHORITY ARE PUBLISHED AS THE JOINT TRAVEL REGULATIONS. PARAGRAPH 4205-5B (1) OF THESE REGULATIONS PROVIDES THAT FOR THE DAY OF ARRIVAL AT POINT OF DELAY AND FOR TEMPORARY DUTY WHERE NO GOVERNMENT QUARTERS ARE AVAILABLE OR UTILIZED, PER DIEM SHALL BE PAYABLE AT THE RATE OF $12 A DAY. PARAGRAPH 4205-5F (4) OF THESE REGULATIONS PROVIDES THAT FOR TEMPORARY DUTY AT ACTIVITIES OR INSTALLATIONS OPERATED BY GOVERNMENT CONTRACTORS WHERE BOTH GOVERNMENT QUARTERS AND GOVERNMENT MESS ARE AVAILABLE, THE PER DIEM RATE SHALL BE $2.50 A DAY. NOTWITHSTANDING THE CLEAR PROVISIONS OF YOUR TEMPORARY DUTY ORDERS STATING THAT GOVERNMENT QUARTERS AND SUBSISTENCE WERE NOT AVAILABLE, AND APPARENTLY BASED ON YOUR CERTIFICATION THAT THE GOVERNMENT CONTRACTOR (AMERICAN MANAGEMENT ASSOCIATION) PROVIDED QUARTERS AND SUBSISTENCE DURING YOUR TEMPORARY DUTY AT COLGATE UNIVERSITY, YOU RECEIVED PER DIEM AT THE RATE OF $2.50 A DAY FOR THE PERIOD JULY 20 TO 24, 1959. HOWEVER, IT IS EVIDENT THAT THE AMERICAN MANAGEMENT ASSOCIATION DID NOT, IN FACT, FURNISH YOU SUBSISTENCE AND QUARTERS WITHIN THE MEANING OF THE CITED REGULATIONS, AND, UNDER THE TERMS OF YOUR ORDERS IT IS CONSIDERED THAT DURING THE PERIOD JULY 20 TO 24, 1959, GOVERNMENT QUARTERS AND SUBSISTENCE NOT BEING AVAILABLE, YOU ARE ENTITLED UNDER THE REGULATIONS TO PAYMENT OF PER DIEM AT THE RATE OF $12 PER DAY FOR SUCH PERIOD IN ACCORDANCE WITH PARAGRAPH 4205-5B (1) OF THE JOINT TRAVEL REGULATIONS. HAVE FOUND NO AUTHORITY, HOWEVER, FOR THE PAYMENT OF ANY GREATER AMOUNT EITHER TO YOU DIRECTLY, OR TO THE AMERICAN MANAGEMENT ASSOCIATION. ACCORDINGLY, SETTLEMENT WILL ISSUE SHORTLY FOR THE DIFFERENCE BETWEEN THE PER DIEM YOU HAVE ALREADY RECEIVED FOR THE PERIOD CLAIMED ($2.50 A DAY) AND THE PER DIEM RATE ($12 A DAY) AUTHORIZED UNDER THE REGULATIONS WHEN QUARTERS AND SUBSISTENCE ARE NOT CONSIDERED AVAILABLE.