B-143967, AUG. 1, 1962

B-143967, AUG. 1, 1962

TO MR. JAMES E. WAGNER:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 17, 1962, WITH ENCLOSURES, RELATIVE TO YOUR CLAIM FOR TEMPORARY DUTY FOR THE PERIOD FEBRUARY 4 TO JUNE 23, 1958, WHILE SERVING AS AN ENLISTED MAN, UNITED STATES NAVY.

YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JULY 28, 1960. UPON REVIEW SUCH ACTION WAS SUSTAINED BY DECISION B-143967 DATED OCTOBER 21, 1960, IN WHICH YOU WERE ADVISED THAT BY ORDERS DATED DECEMBER 5, 1957, YOU AND OTHER MEMBERS OF DETACHMENT ALFA, MOBILE CONSTRUCTION BATTALION ELEVEN, WERE PLACED ON TEMPORARY ADDITIONAL DUTY FOR APPROXIMATELY TWO MONTHS WHILE THE DETACHMENT WAS DEPLOYED AT SUBIC BAY, PHILIPPINE ISLANDS. THE ORDERS STATED THAT UPON COMPLETION OF SUCH DUTY YOU WOULD RETURN TO YOUR PERMANENT STATION AND THAT THE ESTIMATED COST OF TRAVEL AND PER DIEM FOR THE DEPLOYMENT FOR EACH MAN WAS $76.95. FIRST INDORSEMENT TO THE ORDERS DATED FEBRUARY 4, 1958, SHOWS THAT THE TEMPORARY ADDITIONAL DUTY WAS COMPLETED ON FEBRUARY 4, 1958, AND THAT YOU WORE TRANSFERRED ON THAT DATE TO U.S. NAVAL MOBILE CONSTRUCTION BATTALION ELEVEN FOR DUTY. A NOTATION ON YOUR ORDERS SHOWS THAT YOU WERE PAID $81 AS PER DIEM FOR THE PERIOD DECEMBER 6, 1957, TO FEBRUARY 3, 1958. YOU WERE FURTHER ADVISED THAT SINCE THE RECORD CLEARLY SHOWS THAT TEMPORARY DUTY IN YOUR CASE TERMINATED ON FEBRUARY 4, 1958, AND NO ORDERS HAVE BEEN SUBMITTED WHICH ASSIGNED YOU TO FURTHER TEMPORARY DUTY THEREAFTER, THERE IS NO BASIS FOR THE PAYMENT OF PER DIEM AFTER THAT DATE.

IN YOUR PRESENT LETTER YOU SAY YOUR CLAIM IS FOR DEPLOYMENT PER DIEM TO WHICH THE WHOLE BATTALION WAS AUTHORIZED WHEN DEPLOYED AS A UNIT. SUPPORT YOUR VIEW YOU HAVE FURNISHED A LETTER DATED APRIL 5, 1962, U.S. NAVAL CONSTRUCTION BATTALION CENTER, FORT NEUNEME, CALIFORNIA, STATING THAT IT DOES NOT HAVE YOUR ORIGINAL ORDERS FOR THE DEPLOYMENT PERIOD AND THAT SUCH ORDERS SHOULD BE WITH YOUR SERVICE RECORD OF BUREAU OF NAVAL PERSONNEL, WASHINGTON, D.C. ALSO, YOU HAVE FURNISHED A LETTER DATED FEBRUARY 1, 1962, FROM THE LATTER OFFICE, STATING THAT A COPY OF YOUR ORIGINAL STANDARD TRANSFER ORDER IS NOT ON FILE AND THAT THE RECORD SHOWS THAT DURING THE PERIOD FEBRUARY 1958 TO JUNE 1958, YOU SERVED AS FOLLOWS: "4 FEB 58 TRANSFERRED AND RECEIVED AT

U.S. MOBILE CONSTRUCTION

BATTALION ELEVEN FOR DUTY. "24 JUNE 58 TRANSFERRED AND RECEIVED AT

DETACHMENT ALFA, MOBILE

CONSTRUCTION BATTALION

ELEVEN FOR DUTY.'

THUS, THE RECORD SHOWS A DUTY ASSIGNMENT ON FEBRUARY 4, 1958, AND ANOTHER DUTY ASSIGNMENT ON JUNE 24, 1958. HOWEVER, DEPLOYMENT ORDERS FOR THE INTERVENING PERIOD ON WHICH YOUR CLAIM IS BASED, HAVE NOT BEEN FURNISHED AND APPARENTLY ARE NOT OF RECORD. IN THE ABSENCE OF SUCH ORDERS IT MUST BE CONCLUDED THAT THE DECISION OF OCTOBER 21, 1960, WAS CORRECT AND IS SUSTAINED. IT MAY BE ADDED THAT WE HAVE ISSUED INSTRUCTIONS TO OUR AUDITORS TO EXAMINE THE ACCOUNTS OF THE DISBURSING OFFICER CONCERNED WITH A VIEW TO RECOVERY OF ANY PAYMENTS OF PER DIEM FOR DEPLOYMENT THAT MAY HAVE BEEN PAID TO OTHER MEMBERS OF DETACHMENT ALFA, MOBILE CONSTRUCTION BATTALION ELEVEN ..END :