B-142515, JUL. 22, 1960

B-142515, JUL. 22, 1960

TO STAFF SERGEANT RALPH G. ORDWAY, AF:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 18, 1960, TO THE PROFESSOR OF AIR SCIENCE, AFROTC, DETACHMENT NO. 475, AT THE UNIVERSITY OF NEW HAMPSHIRE, FORWARDED HERE BY THE AIR FORCE ACCOUNTING AND FINANCE CENTER, DENVER, COLORADO, IN EFFECT REQUESTING REVIEW OF OUR SETTLEMENT OF AUGUST 3, 1959, OF YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED FOR MEALS, LODGING, AND TRANSPORTATION DURING THE PERIOD SEPTEMBER 9 TO OCTOBER 31, 1957, WHILE ON TEMPORARY DUTY AT RYE AIR FORCE STATION, RYE, NEW HAMPSHIRE.

UNDER ORDERS DATED SEPTEMBER 7, 1957, YOU WERE RELEASED FROM DUTY ASSIGNMENT AT THE RYE AIR FORCE STATION AND ASSIGNED TO DUTY AT NORTH CONCORD, VERMONT, TO WHICH STATION YOU WERE TO PROCEED UPON THE CONCLUSION OF TEMPORARY DUTY OF APPROXIMATELY 55 DAYS TO BE PERFORMED AT THE RYE AIR FORCE STATION IN CONNECTION WITH THE DEACTIVATION OF THAT ACTIVITY. YOU STATE THAT YOU WERE PAID PER DIEM IN THE AMOUNT OF $500 INCIDENT TO THE TEMPORARY DUTY PERFORMED AT RYE UNDER THOSE ORDERS. SUCH PAYMENT WAS UNAUTHORIZED, HOWEVER, INASMUCH AS YOU HAD NOT ENTERED INTO A TRAVEL STATUS (A PREREQUISITE TO ENTITLEMENT TO PER DIEM) BY DEPARTURE FROM THE LOCATION OF YOUR OLD DUTY STATION, AND IT APPEARS THAT THE AMOUNT ERRONEOUSLY PAID SUBSEQUENTLY WAS COLLECTED FROM YOUR PAY ACCOUNT. YOUR CLAIM WAS MADE FOR REIMBURSEMENT OF THE ACTUAL COST OF MEALS AND TIPS, QUARTERS, AND TRANSPORTATION, TOTALING $547.35 THE INCURRING OF WHICH YOU CONTEND WAS MADE NECESSARY BY THE CLOSING OF THE BARRACKS AT THE RYE AIR FORCE STATION WHICH RESULTED IN THE NEED TO OBTAIN MEALS AND LODGING AWAY FROM THE STATION.

NO AUTHORITY EXISTS FOR THE PAYMENT FROM PUBLIC FUNDS OF TRANSPORTATION EXPENSES OF MEMBERS OF THE ARMED FORCES NOT IN A TRAVEL STATUS AWAY FROM THEIR POSTS OF DUTY EXCEPT THOSE INCURRED IN SECURING TRANSPORTATION NECESSARY IN CONDUCTING OFFICIAL GOVERNMENT BUSINESS WITHIN THE LIMITS OF THEIR DUTY STATIONS. CONSEQUENTLY, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR TRANSPORTATION EXPENSES FROM YOUR HOME TO DUTY STATION AND RETURN EVEN THOUGH IT MIGHT OTHERWISE BE SHOWN THAT THE NEED TO LIVE AT SALMON FALLS, NEW HAMPSHIRE, DURING THE PERIOD IN QUESTION AROSE BECAUSE OF THE DEACTIVATION OF YOUR OLD POST OF DUTY. SEE PARAGRAPH 6450 OF THE JOINT TRAVEL REGULATIONS.

UNDER THE PROVISIONS OF SECTIONS 301 AND 302 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, AS AMENDED, AND ADMINISTRATIVE REGULATIONS ISSUED PURSUANT THERETO, ENLISTED PERSONNEL OF THE ARMED FORCES IN THE PERFORMANCE OF DUTY UNDER CIRCUMSTANCES WHERE RATIONS IN KIND AND GOVERNMENT QUARTERS ARE NOT AVAILABLE TO THEM MAY BE PAID BASIC ALLOWANCES FOR SUBSISTENCE AND QUARTERS, BUT ONLY AT RATES THEREIN PRESCRIBED. THERE IS NO AUTHORITY FOR THE REIMBURSEMENT OF EXPENSES INCURRED FOR QUARTERS AND SUBSISTENCE BY REASON OF A LACK OF GOVERNMENT QUARTERS AND MESSING FACILITIES AT A DUTY STATION EXCEPT TO THE EXTENT OF THOSE PRESCRIBED ALLOWANCES. IN THE SETTLEMENT OF AUGUST 3, 1959, YOU WERE SO ADVISED, AND YOU WERE ALLOWED A BASIC ALLOWANCE FOR SUBSISTENCE AT THE PRESCRIBED RATE OF $2.57 PER DAY, IN THE SUM OF $128.50, FOR THE PERIOD SEPTEMBER 10 TO OCTOBER 29, 1957, ON THE BASIS OF EVIDENCE SHOWING THAT RATIONS IN KIND WERE NOT THEN AVAILABLE TO YOU AT YOUR DUTY STATION. IN THE ABSENCE OF OFFICIAL INFORMATION SHOWING NONAVAILABILITY OF GOVERNMENT QUARTERS YOU WERE ADVISED THAT NO AUTHORITY EXISTED FOR THE PAYMENT TO YOU OF AN ALLOWANCE FOR QUARTERS. HOWEVER, SINCE THERE HAS NOW BEEN FURNISHED A CERTIFICATE OF THE OFFICER IN CHARGE OF THE RYE AIR FORCE STATION, DATED OCTOBER 30, 1957, IN WHICH IT IS STATED THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE TO YOU DURING THE PERIOD SEPTEMBER 25 TO OCTOBER 29, 1957, IT IS CONSIDERED THAT YOU ARE PROPERLY ENTITLED TO A BASIC QUARTERS ALLOWANCE FOR THAT PERIOD.

THE SETTLEMENT OF AUGUST 3, 1959, IS SUSTAINED. IN DUE COURSE YOU WILL BE ALLOWED THE PROPER AMOUNT FOUND DUE AS BASIC QUARTERS ALLOWANCE ON THE BASIS OF THE ADDITIONAL EVIDENCE NOW AVAILABLE IN YOUR CASE.