B-143486, SEP. 27, 1960

B-143486: Sep 27, 1960

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USAF: REFERENCE IS MADE TO YOUR LETTER. YOU STATE THAT UPON YOUR ARRIVAL AT BARTLESVILLE YOU WERE ADVISED THAT TEMPORARY DUTY WAS REQUIRED ALSO AT WINFIELD. WERE AMENDED BY PARAGRAPH 3. THE LATTER ORDERS WERE ISSUED TO CONFIRM EARLIER VERBAL ORDERS DIRECTING TEMPORARY DUTY AT WINFIELD. IN EXECUTING YOUR CLAIM YOU STATED THAT GOVERNMENT QUARTERS AND MEALS WERE AVAILABLE AND UTILIZED AT WINFIELD. THAT MEALS WERE AVAILABLE AND UTILIZED AT BARTLESVILLE. WHILE YOU ALSO STATED THAT QUARTERS WERE NOT AVAILABLE OR FURNISHED AT BARTLESVILLE YOU DID NOT FURNISH A CERTIFICATE FROM THE COMMANDING OFFICER TO THAT EFFECT AS REQUIRED BY PARAGRAPH 4451-3 OF THE JOINT TRAVEL REGULATIONS. THE RECORD SHOWS THAT YOU WERE PAID A TRAVEL ADVANCE OF $45.20AND THAT YOUR PAY ACCOUNT WAS CREDITED WITH $35.20 AS AN ALLOWANCE FOR SEPARATE RATIONS AT YOUR PERMANENT STATION (32 DAYS AT $1.10 PER DAY) FOR THE PERIOD NOVEMBER 21 TO DECEMBER 22.

B-143486, SEP. 27, 1960

TO STAFF SERGEANT CHARLES K. OLIVER, USAF:

REFERENCE IS MADE TO YOUR LETTER, RECEIVED JUNE 28, 1960, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF JULY 9, 1959, WHICH DISALLOWED A PORTION OF YOUR CLAIM FOR ALLOWANCES FOR TRAVEL AND TEMPORARY DUTY DURING THE PERIOD NOVEMBER 21 TO DECEMBER 22, 1958.

SPECIAL ORDERS NO. 431, DATED NOVEMBER 17, 1958, DIRECTED YOU TO PROCEED FROM WADENA AIR FORCE STATION, MINNESOTA, AND REPORT AT BARTLESVILLE, OKLAHOMA, NOT LATER THAN 8 A.M., NOVEMBER 24, 1958, FOR TEMPORARY DUTY OF APPROXIMATELY 19 DAYS, INCLUDING TRAVEL TIME. YOU STATE THAT UPON YOUR ARRIVAL AT BARTLESVILLE YOU WERE ADVISED THAT TEMPORARY DUTY WAS REQUIRED ALSO AT WINFIELD, KANSAS, FOR APPROXIMATELY 12 DAYS. THE ORDERS OF MARCH 17, 1958, WERE AMENDED BY PARAGRAPH 3, SPECIAL ORDERS NO. 450, DATED DECEMBER 1, 1958, TO INCREASE THE PERIOD OF TRAVEL AND TEMPORARY DUTY FROM 19 TO 35 DAYS, AND BY PARAGRAPH 5, SPECIAL ORDERS NO. 498, DATED DECEMBER 29, 1958, TO INCLUDE "WINFIELD, KANSAS.' APPARENTLY, THE LATTER ORDERS WERE ISSUED TO CONFIRM EARLIER VERBAL ORDERS DIRECTING TEMPORARY DUTY AT WINFIELD. YOUR ITINERARY SHOWS YOU DEPARTED WADENA ON NOVEMBER 21, 1958, THAT YOU TRAVELED TO BARTLESVILLE, TO WINFIELD, TO BARTLESVILLE, AND BACK TO WADENA, ARRIVING AT YOUR STATION ON DECEMBER 22, 1958. IN EXECUTING YOUR CLAIM YOU STATED THAT GOVERNMENT QUARTERS AND MEALS WERE AVAILABLE AND UTILIZED AT WINFIELD, KANSAS, AND THAT MEALS WERE AVAILABLE AND UTILIZED AT BARTLESVILLE, OKLAHOMA. WHILE YOU ALSO STATED THAT QUARTERS WERE NOT AVAILABLE OR FURNISHED AT BARTLESVILLE YOU DID NOT FURNISH A CERTIFICATE FROM THE COMMANDING OFFICER TO THAT EFFECT AS REQUIRED BY PARAGRAPH 4451-3 OF THE JOINT TRAVEL REGULATIONS. ALSO, THE RECORD SHOWS THAT YOU WERE PAID A TRAVEL ADVANCE OF $45.20AND THAT YOUR PAY ACCOUNT WAS CREDITED WITH $35.20 AS AN ALLOWANCE FOR SEPARATE RATIONS AT YOUR PERMANENT STATION (32 DAYS AT $1.10 PER DAY) FOR THE PERIOD NOVEMBER 21 TO DECEMBER 22, 1958. SUCH ALLOWANCE IS NOT PAYABLE WHEN A MEMBER IS AWAY FROM HIS PERMANENT STATION TRAVELING IN A PER DIEM STATUS SINCE THE PER DIEM IS INTENDED TO INCLUDE REIMBURSEMENT FOR MEALS. THEREFORE, IN COMPUTING THE AMOUNT DUE AS TRAVEL ALLOWANCE FOR THE PERIOD CLAIMED IT WAS CONSIDERED THAT GOVERNMENT MESS AND QUARTERS WERE AVAILABLE AND UTILIZED AT WINFIELD AND BARTLESVILLE. ON THAT BASIS IT WAS DETERMINED THAT FOR THE PERIOD NOVEMBER 21 TO DECEMBER 22, 1958, YOU WERE DUE A TRAVEL ALLOWANCE OF $176.50 (PER DIEM, $82, PLUS MILEAGE AT 5 CENTS PER MILE FOR THE REQUIRED TRAVEL, $94.50), LESS $80.40 ($45.20, TRAVEL ADVANCE, AND $35.20, RECEIVED AS SEPARATE RATIONS ALLOWANCE), OR A BALANCE OF $96.10, THE AMOUNT ALLOWED BY THE SETTLEMENT.

IT APPEARS FROM YOUR PRESENT LETTER THAT YOU ARE UNDER THE IMPRESSION THAT THE AMOUNT ALLOWED IN THE SETTLEMENT DID NOT INCLUDE AN ALLOWANCE FOR TEMPORARY DUTY AT WINFIELD. HOWEVER, AS SHOWN ABOVE, SUCH IS NOT THE CASE. THE AMOUNT ALLOWED BY THE SETTLEMENT REPRESENTS TRAVEL ALLOWANCES FOR THE ENTIRE PERIOD OF TRAVEL AND TEMPORARY DUTY LESS NECESSARY DEDUCTIONS, INCLUDING A DEDUCTION FOR GOVERNMENT QUARTERS AND MEALS WHICH YOU SAID WERE AVAILABLE AND UTILIZED AT WINFIELD AND BARTLESVILLE. SINCE IT NOW APPEARS THAT IT WAS YOUR INTENTION TO CLAIM THAT GOVERNMENT QUARTERS AND MEALS WERE NOT AVAILABLE AT WINFIELD AND SINCE THAT AGREES WITH A CERTIFICATE OF THE COMMANDING OFFICER PREVIOUSLY FURNISHED BY YOU IN CONNECTION WITH YOUR TEMPORARY DUTY AT WINFIELD, SETTLEMENT FOR THE ADDITIONAL AMOUNT DUE ON THAT BASIS AS PER DIEM FOR TEMPORARY DUTY AT WINFIELD WILL BE ISSUED IN DUE COURSE.