B-144898, APR. 28, 1961

B-144898: Apr 28, 1961

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STECH: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 21. THE RIGHT OF A MEMBER OF THE UNIFORMED SERVICES TO PER DIEM FOR TEMPORARY DUTY TRAVEL IS FIXED BY THE JOINT TRAVEL REGULATIONS. BARRED PAYMENT OF PER DIEM TO MEMBERS WHILE PARTICIPATING IN FIELD DUTY AND RELATED ACTIVITIES WHERE BOTH RATIONS IN KIND AND QUARTERS WERE AVAILABLE OR FURNISHED. PROVIDED IN THAT RESPECT THAT MEMBERS ASSIGNED TO FIELD DUTY AND RELATED ACTIVITIES BUT WHO ARE AUTHORIZED TO BE QUARTERED SEPARATELY FROM OTHER PARTICIPATING MEMBERS IN QUARTERS NORMALLY AVAILABLE ON THE INSTALLATION TO PERSONNEL ON TEMPORARY DUTY WERE ENTITLED TO PER DIEM AS PRESCRIBED FOR MEMBERS ON TEMPORARY DUTY AWAY FROM THEIR DUTY STATIONS. IT WAS STATED THAT YOUR UNIT DID NOT PARTICIPATE IN THE OPERATION "JUMP LIGHT" BUT THAT ITS DUTY WAS TO PROVIDE HELICOPTER TYPE SERVICE TO THE INFANTRY SCHOOL.

B-144898, APR. 28, 1961

TO RICHARD J. STECH:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 21, 1960, IN WHICH YOU REQUEST RECONSIDERATION OF THE ACTION TAKEN SEPTEMBER 22, 1960, BY OUR CLAIMS DIVISION IN DISALLOWING YOUR CLAIM FOR PER DIEM FOR THE PERIOD OCTOBER 21 TO NOVEMBER 22, 1956, WHILE IN A TRAVEL STATUS AND ON TEMPORARY DUTY PURSUANT TO OPERATION ORDER 12, SEPTEMBER 12, 1956, AS AMENDED, OPERATION ORDER 18, SEPTEMBER 26, 1956, AS AMENDED, AND OPERATION ORDER 23, OCTOBER 6, 1956, ISSUED BY HEADQUARTERS, XVIII AIRBORNE CORPS AND FORT BRAGG, FORT BRAGG, NORTH CAROLINA. IN YOUR LETTER YOU ENCLOSED, AS ADDITIONAL EVIDENCE, A COPY OF LETTER DATED AUGUST 13, 1958, FROM THE COMMANDING OFFICER OF THE EIGHTH TRANSPORTATION COMPANY (LIGHT HELICOPTER) (H-21) WHICH REQUESTED RECONSIDERATION OF THE DENIAL OF PER DIEM FUNDS TO PERSONNEL OF THAT ORGANIZATION DURING THE PERIOD IN QUESTION AND YOU STATE THAT THE INDORSEMENTS THERETO SUBSTANTIATE YOUR ENTITLEMENT TO PER DIEM AS CLAIMED.

THE RIGHT OF A MEMBER OF THE UNIFORMED SERVICES TO PER DIEM FOR TEMPORARY DUTY TRAVEL IS FIXED BY THE JOINT TRAVEL REGULATIONS. PARAGRAPH 4201.6 OF THOSE REGULATIONS, IN EFFECT DURING THE PERIOD IN QUESTION, BARRED PAYMENT OF PER DIEM TO MEMBERS WHILE PARTICIPATING IN FIELD DUTY AND RELATED ACTIVITIES WHERE BOTH RATIONS IN KIND AND QUARTERS WERE AVAILABLE OR FURNISHED. PARAGRAPH 5C OF ARMY REGULATIONS 35-3080, MAY 15, 1956, HOWEVER, PROVIDED IN THAT RESPECT THAT MEMBERS ASSIGNED TO FIELD DUTY AND RELATED ACTIVITIES BUT WHO ARE AUTHORIZED TO BE QUARTERED SEPARATELY FROM OTHER PARTICIPATING MEMBERS IN QUARTERS NORMALLY AVAILABLE ON THE INSTALLATION TO PERSONNEL ON TEMPORARY DUTY WERE ENTITLED TO PER DIEM AS PRESCRIBED FOR MEMBERS ON TEMPORARY DUTY AWAY FROM THEIR DUTY STATIONS.

IN THE LETTER OF AUGUST 13, 1958, WHICH YOU ENCLOSED, IT WAS STATED THAT YOUR UNIT DID NOT PARTICIPATE IN THE OPERATION "JUMP LIGHT" BUT THAT ITS DUTY WAS TO PROVIDE HELICOPTER TYPE SERVICE TO THE INFANTRY SCHOOL, FORT BENNING, GEORGIA, DURING THE ABSENCE OF THE FOURTH TRANSPORTATION COMPANY (HCPTR) WHICH HAD BEEN ORDERED FROM FORT BENNING IN SUPPORT OF THE TROOP TEST "JUMP GHT.' IN THIRD INDORSEMENT OF HEADQUARTERS LAWSON ARMY AIRFIELD COMMAND, FORT BENNING,DATED JANUARY 22, 1959, TO THE LETTER OF AUGUST 13, 1958, IT WAS STATED THAT GOVERNMENT MESS WAS NOT FURNISHED TO OFFICERS AND WARRANT OFFICERS OF THE EIGHTH TRANSPORTATION COMPANY WHILE ON TEMPORARY DUTY AT FORT BENNING, AND THAT THE OFFICERS AND WARRANT OFFICERS WERE AUTHORIZED TO BE QUARTERED SEPARATELY FROM OTHER MEMBERS PARTICIPATING IN EXERCISE JUMP LIGHT. IN VIEW OF SUCH REPORTS IT APPEARS THAT EVEN IF IT WERE ESTABLISHED THAT YOUR DUTIES AT FORT BENNING WERE OF THE NATURE CONTEMPLATED IN PARAGRAPH 4201.6 THE LIMITATIONS ON THE PAYMENT OF PER DIEM FOR SUCH DUTIES WOULD NOT BE FOR APPLICATION IN VIEW OF THE FACT THAT YOU APPARENTLY WERE ASSIGNED QUARTERS AT THAT STATION APART FROM THOSE OF MEMBERS THAT WERE A PART OF THE EXERCISES.

PARAGRAPHS 4100 AND 4101 OF THE JOINT TRAVEL REGULATIONS PROVIDE THAT THE ORDER ISSUING AUTHORITY MAY DIRECT GROUP TRAVEL, REQUIRING TRAVEL BY GOVERNMENT CONVEYANCE OR ON TRANSPORTATION REQUEST, WHERE THREE OR MORE MEMBERS ARE TRAVELING BETWEEN THE SAME POINTS UNDER ONE ORDER, AND THAT A MEMBER PERFORMING GROUP TRAVEL IS NOT ENTITLED TO MILEAGE OR MONETARY ALLOWANCES IN LIEU OF TRANSPORTATION BUT WILL BE FURNISHED TRANSPORTATION BY GOVERNMENT CONVEYANCE OR TRANSPORTATION REQUESTS AND NECESSARY SUBSISTENCE EN ROUTE BY MEALS PURCHASED OR FURNISHED BY THE GOVERNMENT. THE ORDERS OF SEPTEMBER 26, 1956, DIRECTING THE TRAVEL OF YOUR UNIT TO FORT BENNING EXPRESSLY PROVIDED THAT ALL TRAVEL DIRECTED WAS GROUP TRAVEL AS DEFINED IN THE JOINT TRAVEL REGULATIONS AND, WHILE YOU SAY THAT VERBAL ORDERS WERE ISSUED DIRECTING YOU TO TRAVEL SEPARATELY FROM THE GROUP, WRITTEN ORDERS CONFIRMING THE VERBAL ORDERS ARE NOT OF RECORD. ACCORDINGLY, ON THE PRESENT RECORD, NO AUTHORITY EXISTS FOR THE PAYMENT OF THE EXPENSES OF YOUR TRAVEL IN PROCEEDING TO AND RETURNING FROM FORT BENNING.

A SETTLEMENT WILL ISSUE IN DUE COURSE ALLOWING YOU PER DIEM AT THE PROPER RATE FOR THE PERIOD FROM OCTOBER 23 TO NOVEMBER 20, 1956, WHILE YOU WERE AT FORT BENNING.