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B-143445, NOV. 14, 1960

B-143445 Nov 14, 1960
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ARMY: REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 6. PER DIEM ALLOWANCES ARE NOT PAYABLE DURING THE ACTUAL PERIOD OF A MANEUVER OR EXERCISE ON THE PREMISE THAT SUCH OPERATIONS ARE DESIGNED TO BE ACCOMPLISHED UNDER FIELD CONDITIONS. SINCE IT APPEARS FROM THE RECORD THAT YOU WERE ACTUALLY PARTICIPATING IN BORDER OPERATIONS DURING THE ENTIRE PERIOD OF YOUR TEMPORARY DUTY. SINCE YOUR OVERSEAS COMMANDER REPORTED THAT SUCH DUTY WAS CONSIDERED TO BE FIELD DUTY. SUCH PAYMENTS WOULD APPEAR TO HAVE BEEN ERRONEOUSLY MADE AND UNAUTHORIZED BY THE CONTROLLING REGULATIONS.

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B-143445, NOV. 14, 1960

TO CHIEF WARRANT OFFICER JAMES R. SKIPPER, U.S. ARMY:

REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 6, 1960, REQUESTING RECONSIDERATION OF OUR DECISION TO YOU DATED SEPTEMBER 1, 1960, B 143445. IN THAT DECISION WE SUSTAINED THE ACTION OF OUR CLAIMS DIVISION IN DISALLOWING YOUR CLAIM FOR PER DIEM FOR VARIOUS PERIODS FROM AUGUST 27 TO DECEMBER 22, 1958, WHILE PERFORMING TEMPORARY DUTY FOR THE PURPOSE OF PARTICIPATING IN BORDER OPERATIONS WITHIN GERMANY.

YOUR PRESENT LETTER DOES NOT FURNISH ANY INFORMATION NOT CONSIDERED BY US IN REACHING THE DECISION OF SEPTEMBER 1, 1960. AS WE EXPLAINED TO YOU IN THAT LETTER, UNDER THE APPLICABLE LAW AND REGULATIONS, PER DIEM ALLOWANCES ARE NOT PAYABLE DURING THE ACTUAL PERIOD OF A MANEUVER OR EXERCISE ON THE PREMISE THAT SUCH OPERATIONS ARE DESIGNED TO BE ACCOMPLISHED UNDER FIELD CONDITIONS. SINCE IT APPEARS FROM THE RECORD THAT YOU WERE ACTUALLY PARTICIPATING IN BORDER OPERATIONS DURING THE ENTIRE PERIOD OF YOUR TEMPORARY DUTY, AND SINCE YOUR OVERSEAS COMMANDER REPORTED THAT SUCH DUTY WAS CONSIDERED TO BE FIELD DUTY, THE RECORD BEFORE US PRESENTS NO LEGAL BASIS TO ALLOW YOUR CLAIM.

REGARDING YOUR STATEMENTS THAT YOU AND OTHER INDIVIDUALS RECEIVED PER DIEM FOR THE SAME DUTY UNDER THE SAME CIRCUMSTANCES, SUCH PAYMENTS WOULD APPEAR TO HAVE BEEN ERRONEOUSLY MADE AND UNAUTHORIZED BY THE CONTROLLING REGULATIONS, AS INDICATED ABOVE, AND SO MAY NOT SERVE AS AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.

WE MAY NOT RETURN THE PAPERS PERTAINING TO YOUR CLAIM AS REQUESTED BY YOU SINCE ALL PAPERS FILED IN CONNECTION WITH A CLAIM AGAINST THE UNITED STATES AND CONSIDERED IN REACHING A DECISION WITH RESPECT TO THE CLAIMANT'S RIGHTS BECOME A PART OF THE OFFICIAL FILES OF THIS OFFICE.

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