B-145195, APR. 13, 1961

B-145195: Apr 13, 1961

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THE TRAVEL AND TEMPORARY DUTY WERE PERFORMED UNDER MOVEMENT ORDER ISSUED ON APRIL 3. OF WHICH YOU WERE A MEMBER. THE RECORD SHOWS THAT GOVERNMENT RATIONS AND QUARTERS WERE AVAILABLE AT ELMENDORF AIR FORCE BASE AND THAT YOU AND OTHER MEMBERS OF THE 297TH ENGINEER AVIATION BATTALION WERE PAID $31.95 EACH AS PER DIEM FOR THE PERIOD MAY 2 TO 20. YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT FOR THE REASON THAT AT THE TIME HERE INVOLVED. PARAGRAPH 4250-4 OF THE JOINT TRAVEL REGULATIONS PROVIDED THAT PER DIEM WAS NOT PAYABLE TO MEMBERS FOR FIELD DUTY. WHERE BOTH RATIONS IN KIND AND QUARTERS WERE AVAILABLE OR FURNISHED. WHETHER OR NOT SUCH FACILITIES WERE UTILIZED. THERE ALSO WAS CONSIDERED THE FACT THAT PARAGRAPH 2B.

B-145195, APR. 13, 1961

TO SERGEANT GLENDALL C. TRAMMEL:

YOUR LETTER OF FEBRUARY 10, 1961, IN EFFECT REQUESTS REVIEW OF THE SETTLEMENT OF NOVEMBER 18, 1958, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM WHILE ATTACHED TO AN ENGINEER AVIATION UNIT (SPECIAL CATEGORY ARMY WITH AIR FORCE UNIT) DURING THE PERIOD MAY 3, 1952, TO SEPTEMBER 30, 1952.

THE TRAVEL AND TEMPORARY DUTY WERE PERFORMED UNDER MOVEMENT ORDER ISSUED ON APRIL 3, 1952, BY HEADQUARTERS 347TH ENGINEER AVIATION GROUP, BEALE AIR FORCE BASE, CALIFORNIA, AND FIRST INDORSEMENT THERETO, DATED APRIL 30, 1952. THE ORDERS AS AMENDED DIRECTED THE MOVEMENT OF THE 297TH ENGINEER AVIATION BATTALION, OF WHICH YOU WERE A MEMBER, FROM BEALE AIR FORCE BASE, CALIFORNIA, TO ELMENDORF AIR FORCE BASE, ALASKA, FOR TEMPORARY DUTY OF APPROXIMATELY 150 DAYS. YOUR ITINERARY SHOWS YOU DEPARTED BEALE AIR FORCE BASE ON MAY 2, 1952, ARRIVED AT ELMENDORF AIR FORCE BASE ON MAY 3, 1952, AND RETURNED TO BEALE AIR FORCE BASE ON SEPTEMBER 30, 1952. THE RECORD SHOWS THAT GOVERNMENT RATIONS AND QUARTERS WERE AVAILABLE AT ELMENDORF AIR FORCE BASE AND THAT YOU AND OTHER MEMBERS OF THE 297TH ENGINEER AVIATION BATTALION WERE PAID $31.95 EACH AS PER DIEM FOR THE PERIOD MAY 2 TO 20, 1952, ON VOUCHER NO. 31251 IN THE MAY 1952 ACCOUNTS OF R. S. QUINN, SYMBOL NO. 225-215.

YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT FOR THE REASON THAT AT THE TIME HERE INVOLVED, PARAGRAPH 4250-4 OF THE JOINT TRAVEL REGULATIONS PROVIDED THAT PER DIEM WAS NOT PAYABLE TO MEMBERS FOR FIELD DUTY, INCLUDING MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES; AND OTHER SIMILAR ACTIVITIES, WHERE BOTH RATIONS IN KIND AND QUARTERS WERE AVAILABLE OR FURNISHED, WHETHER OR NOT SUCH FACILITIES WERE UTILIZED. THERE ALSO WAS CONSIDERED THE FACT THAT PARAGRAPH 2B, SPECIAL REGULATIONS 35-3085-5, DATED AUGUST 26, 1952, SPECIFICALLY PROVIDES THAT WHEN GOVERNMENT QUARTERS AND SUBSISTENCE ARE FURNISHED, OR MADE AVAILABLE, MEMBERS ARE NOT ENTITLED TO PER DIEM FOR "ANY PERIOD OF TRAVEL AND TEMPORARY DUTY AS A MEMBER OF A UNIT PERFORMING DUTY IN CONNECTION WITH CONSTRUCTION ACTIVITIES, CARGO LOADING AND UNLOADING, TRANSPORTING AMMUNITION, ETC.' IT SUBSEQUENTLY WAS CONCLUDED, HOWEVER, THAT THE LATTER REGULATION WAS NOT APPLICABLE TO PERIODS PRIOR TO THE DATE ON WHICH IT WAS ISSUED, AUGUST 26, 1952.

ACCORDINGLY, UPON REVIEW OF YOUR CLAIM IT IS CONCLUDED THAT THERE IS NO BASIS FOR PAYMENT OF PER DIEM FOR THE PERIOD AUGUST 26 TO SEPTEMBER 30, 1952, UNDER THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS AS IMPLEMENTED BY THE SPECIAL REGULATIONS. HOWEVER, SINCE YOU ARE ENTITLED TO PER DIEM FOR THE PERIOD MAY 21 TO AUGUST 25, 1952, A SETTLEMENT FOR THE AMOUNT DUE FOR THAT PERIOD WILL ISSUE IN DUE COURSE.