B-143222, JUN. 30, 1960

B-143222: Jun 30, 1960

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REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON THE SUBMITTED VOUCHER IN THE FAVOR OF MASTER SERGEANT WADE W. YOUR REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 60-26 BY THE PER DIEM. PRINCE WAS ASSIGNED TO THE PATIENT SQUADRON SECTION. HE WAS TO DEPART FOR HIS NEW STATION BY MEDICAL AIR EVACUATION JUNE 1. HE WAS TO DEPART FROM MCGUIRE ON OR ABOUT JUNE 5. TRAVEL PURSUANT TO SUCH ORDERS WAS PERFORMED DURING THE PERIOD MAY 26 TO JUNE 7. REGULATIONS ISSUED UNDER THAT AUTHORITY ARE CONTAINED IN JOINT TRAVEL REGULATIONS. PARAGRAPH 3050 OF THOSE REGULATIONS PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE IN A TRAVEL STATUS. THAT PER DIEM ALLOWANCES ARE NOT PAYABLE FOR ANY PERIOD OF TEMPORARY DUTY IN THE UNITED STATES WHILE A BED-PATIENT OR AN IN-PATIENT IN A HOSPITAL SUBSEQUENT TO THE DAY OF ARRIVAL AND PRIOR TO THE DAY OF DEPARTURE FOR MEMBERS ON ACTIVE DUTY.

B-143222, JUN. 30, 1960

TO MAJOR W. J. EVERLY, USAF, CHIEF, FINANCIAL SERVICES DIVISION, THROUGH DEPUTY DIRECTOR OF ACCOUNTING AND FINANCE:

BY LETTER DATED MAY 2, 1960, THE DEPUTY DIRECTOR OF ACCOUNTING AND FINANCE FORWARDED HERE YOUR LETTER OF JULY 15, 1959, AND ENCLOSURES, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON THE SUBMITTED VOUCHER IN THE FAVOR OF MASTER SERGEANT WADE W. PRINCE, AF 6252786, FOR PER DIEM WHILE PERFORMING ORDERED TRAVEL BETWEEN HOSPITALS BY AERO MEDICAL AIRCRAFT. YOUR REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 60-26 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY SPECIAL ORDERS A-159 DATED MAY 20, 1959, ISSUED BY HEADQUARTERS, 1631ST AIR BASE GROUP (MATS), UNITED STATES AIR FORCE, APO 202, MASTER SERGEANT WADE W. PRINCE WAS ASSIGNED TO THE PATIENT SQUADRON SECTION, 7505TH USAF HOSPITAL, APO 232, AND AUTHORIZED TO TRAVEL BY AEROMEDICAL EVACUATION FLIGHT. SPECIAL ORDERS B-94, DATED MAY 27, 1959, RELIEVED SERGEANT PRINCE FROM THE LATTER STATION AND ASSIGNED HIM AS A PIPELINE PATIENT TO THE THIRD CASUALTY STAGING FLIGHT, 1611TH AIR TRANSPORT WING (MATS), MCGUIRE AIR FORCE BASE, NEW JERSEY. HE WAS TO DEPART FOR HIS NEW STATION BY MEDICAL AIR EVACUATION JUNE 1, 1959. SPECIAL ORDERS E-467 DATED JUNE 5, 1959, ISSUED BY MCGUIRE AIR FORCE BASE REASSIGNED SERGEANT PRINCE, A PIPELINE PATIENT, TO THE UNITED STATES AIR FORCE HOSPITAL TRAVIS, TRAVIS AIR FORCE BASE, CALIFORNIA, AND HE WAS TO DEPART FROM MCGUIRE ON OR ABOUT JUNE 5, 1959, BY MEDICAL AIR EVACUATION. TRAVEL PURSUANT TO SUCH ORDERS WAS PERFORMED DURING THE PERIOD MAY 26 TO JUNE 7, 1959.

SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, PROVIDES FOR THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES TO MEMBERS OF THE UNIFORMED SERVICES TRAVELING UNDER COMPETENT ORDERS AWAY FROM THEIR DESIGNATED POSTS OF DUTY, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED. REGULATIONS ISSUED UNDER THAT AUTHORITY ARE CONTAINED IN JOINT TRAVEL REGULATIONS. PARAGRAPH 3050 OF THOSE REGULATIONS PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE IN A TRAVEL STATUS, AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS "WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS, INCLUDING NECESSARY DELAYS EN ROUTE INCIDENT TO MODE OF TRAVEL AND PERIODS OF NECESSARY TEMPORARY OR TEMPORARY ADDITIONAL DUTY.' PARAGRAPH 4201 (5) OF THE REGULATIONS PROVIDES, HOWEVER, THAT PER DIEM ALLOWANCES ARE NOT PAYABLE FOR ANY PERIOD OF TEMPORARY DUTY IN THE UNITED STATES WHILE A BED-PATIENT OR AN IN-PATIENT IN A HOSPITAL SUBSEQUENT TO THE DAY OF ARRIVAL AND PRIOR TO THE DAY OF DEPARTURE FOR MEMBERS ON ACTIVE DUTY. PARAGRAPH 4250 (2) HAS THE SAME PROVISION FOR MEMBERS ON DUTY OUTSIDE THE CONTINENTAL UNITED STATES.

ON THE BASIS THAT SERGEANT PRINCE APPEARED TO RETAIN HIS STATUS OF IN PATIENT DURING THE ENTIRE PERIOD OF THE TRAVEL, SINCE FACILITIES AND ATTENDANCE ABOARD MEDICAL EVACUATION AIRCRAFT MAY BE LIKENED TO FIELD HOSPITAL CONDITIONS, YOU SAY THAT DOUBT HAS ARISEN AS TO WHETHER HE IS TO BE CONSIDERED AS AN IN-PATIENT WITHIN THE PURVIEW OF PARAGRAPH 4201 5.

THE REGULATIONS GOVERNING THE AEROMEDICAL EVACUATION SYSTEM ARE CONTAINED IN AIR FORCE REGULATIONS 160-52 DATED OCTOBER 28, 1955. THE SYSTEM IS DEFINED AS THE MOVEMENT OF PATIENTS TO AND BETWEEN MEDICAL TREATMENT FACILITIES BY AIR TRANSPORTATION. IT CENTRALIZES CONTROL OF PATIENT MOVEMENT AND PROVIDES SPECIALIZED MEDICAL ATTENDANTS AND EQUIPMENT FOR IN FLIGHT MEDICAL CARE. IT ALSO PROVIDES FACILITIES, ON OR IN THE VICINITY OF AIR STRIPS AND AIR BASES, FOR THE LIMITED MEDICAL CARE OF INTRANSIT PATIENTS ENTERING, EN ROUTE VIA, OR LEAVING THE SYSTEM, AND PROVIDES COMMUNICATION WITH DESTINATION AND EN ROUTE MEDICAL FACILITIES CONCERNING PATIENT AIRLIFT MOVEMENTS.

IT IS REPORTED THAT EXCEPT FOR THE SPECIAL EQUIPMENT AND PERSONNEL MADE AVAILABLE FOR PERSONAL CARE EN ROUTE, THE AIRCRAFT USED BY THE AEROMEDICAL EVACUATION SYSTEM IS MERELY ANOTHER MATS AIRCRAFT. THUS TRAVEL BY SUCH SYSTEM APPEARS TO BE SUBSTANTIALLY THE SAME AS BY COMMERCIAL OR OTHER GOVERNMENT FURNISHED TRANSPORTATION IN LIKE CIRCUMSTANCES AND PARAGRAPH 6150 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT PATIENTS PHYSICALLY CAPABLE OR PHYSICALLY INCAPABLE OF TRAVELING WITHOUT ATTENDANTS SHALL BE ENTITLED TO RECEIVE THE APPROPRIATE TRAVEL ALLOWANCES PRESCRIBED IN CHAPTER 4. SINCE SERGEANT PRINCE PERFORMED NO TEMPORARY DUTY AS A BED- PATIENT OR IN-PATIENT IN A HOSPITAL DURING ANY PERIOD OF HIS ORDERED TRAVEL HE IS ENTITLED TO THE PER DIEM PROVIDED FOR THE TRAVEL PERFORMED PURSUANT TO HIS ORDERS.

ACCORDINGLY, WE ARE RETURNING THE VOUCHER AND SUPPORTING PAPERS TO YOU AND PAYMENT ON THE VOUCHER IS AUTHORIZED, IF OTHERWISE CORRECT.