B-146467, OCT. 5, 1961

B-146467: Oct 5, 1961

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YOU WERE ORDERED TO REPORT TO FORT EUSTIS. YOUR CLAIM WAS DISALLOWED BECAUSE NO CERTIFICATE OF THAT TYPE WAS ISSUED IN YOUR CASE AND THE RECORDS UPON WHICH IT WOULD BE BASED HAVE BEEN DESTROYED. WHOSE CLAIM FOR PER DIEM FOR THE SAME PERIOD LIKEWISE WAS DISALLOWED BY THIS OFFICE WAS THE DEPUTY CAMP COMMANDER DURING THE 1957 FORT EUSTIS ROTC SUMMER CAMP. PARAGRAPH 4 OF THE ARMY REGULATIONS PROVIDES THAT A MEMBER IS NOT ENTITLED TO PER DIEM ALLOWANCE WHEN GOVERNMENT SUBSISTENCE OF ANY TYPE AND GOVERNMENT QUARTERS OF ANY TYPE ARE FURNISHED OR MADE AVAILABLE. PROVIDES THAT A MEMBER PERFORMING TEMPORARY DUTY OF THE FIELD DUTY TYPE CONTEMPLATED BY PARAGRAPH 4201.6 OF THE JOINT TRAVEL REGULATIONS AT AN INSTALLATION OF THE UNIFORMED SERVICES IS ENTITLED TO A PER DIEM ALLOWANCE WHEN AUTHORIZED TO BE QUARTERED SEPARATELY FROM OTHER MEMBERS PARTICIPATING IN MANEUVERS.

B-146467, OCT. 5, 1961

TO LIEUTENANT COLONEL FRED A. POLUMBO, TC:

YOUR LETTER OF JUNE 21, 1961, IN EFFECT REQUESTS REVIEW OF THE SETTLEMENT OF JUNE 21, 1961, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR TEMPORARY DUTY AT FORT EUSTIS, VIRGINIA, FOR THE PERIOD JUNE 22, 1957, TO AUGUST 1, 1957.

BY LETTER ORDER NO. 5-28, DATED MAY 3, 1957, YOU WERE ORDERED TO REPORT TO FORT EUSTIS, VIRGINIA, ON OR ABOUT JUNE 9, 1957, FOR APPROXIMATELY 60 DAYS' TEMPORARY DUTY IN CONNECTION WITH ROTC SUMMER CAMP. THE ORDERS PROVIDED THAT ALL TEMPORARY DUTY PERFORMED DURING THE SUMMER CAMP PERIOD, JUNE 22 TO AUGUST 2, 1957, CONSTITUTED DUTY OF THE TYPE CONTEMPLATED BY PARAGRAPH 4201.6 OF THE JOINT TRAVEL REGULATIONS AND THAT IF APPLICABLE, THE CERTIFICATE REQUIRED BY PARAGRAPH 5C (2), ARMY REGULATIONS 35-3080, WOULD BE FURNISHED. YOUR CLAIM WAS DISALLOWED BECAUSE NO CERTIFICATE OF THAT TYPE WAS ISSUED IN YOUR CASE AND THE RECORDS UPON WHICH IT WOULD BE BASED HAVE BEEN DESTROYED. IN YOUR PRESENT LETTER YOU SAY THAT COLONEL GEORGE W. BARRY, WHOSE CLAIM FOR PER DIEM FOR THE SAME PERIOD LIKEWISE WAS DISALLOWED BY THIS OFFICE WAS THE DEPUTY CAMP COMMANDER DURING THE 1957 FORT EUSTIS ROTC SUMMER CAMP, AND YOU QUESTION WHETHER A PROPER CERTIFICATE COULD BE ISSUED AT THIS TIME BY HIM TO SUPPORT THE PAYMENT OF PER DIEM IN YOUR CASE.

ARMY REGULATIONS 35-3080, DATED MAY 15, 1956, IMPLEMENT PARAGRAPH 4201.6, JOINT TRAVEL REGULATIONS, AND MAKE CERTAIN PROVISIONS RELATIVE TO PAYMENT OF PER DIEM ALLOWANCES TO MEMBERS WHILE PARTICIPATING IN MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES, AND OTHER SIMILAR ACTIVITIES. CONSONANT WITH PARAGRAPH 4201.6 OF THE JOINT TRAVEL REGULATIONS, PARAGRAPH 4 OF THE ARMY REGULATIONS PROVIDES THAT A MEMBER IS NOT ENTITLED TO PER DIEM ALLOWANCE WHEN GOVERNMENT SUBSISTENCE OF ANY TYPE AND GOVERNMENT QUARTERS OF ANY TYPE ARE FURNISHED OR MADE AVAILABLE, WHETHER OR NOT UTILIZED, FOR PERIODS OF TRAVEL AND TEMPORARY DUTY WHEN PERFORMED IN CONNECTION WITH TRAINING ENCAMPMENT FOR RESERVE OFFICERS TRAINING CORPS STUDENTS. PARAGRAPH 5C (1) OF THE REGULATIONS, HOWEVER, PROVIDES THAT A MEMBER PERFORMING TEMPORARY DUTY OF THE FIELD DUTY TYPE CONTEMPLATED BY PARAGRAPH 4201.6 OF THE JOINT TRAVEL REGULATIONS AT AN INSTALLATION OF THE UNIFORMED SERVICES IS ENTITLED TO A PER DIEM ALLOWANCE WHEN AUTHORIZED TO BE QUARTERED SEPARATELY FROM OTHER MEMBERS PARTICIPATING IN MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES, TRAINING ENCAMPMENTS FOR ROTC STUDENTS OR RESERVE COMPONENTS, OR IF THE EXERCISE OR ACTIVITY IS CONDUCTED TO PERMIT ALL PARTICIPANTS TO UTILIZE QUARTERS NORMALLY AVAILABLE ON THE INSTALLATION TO PERSONNEL ON TEMPORARY DUTY AS DISTINGUISHED FROM QUARTERS SPECIFICALLY ESTABLISHED OR DESIGNATED FOR USE IN CONNECTION WITH THE EXERCISE OR ACTIVITY. PARAGRAPH 5C (2) PROVIDES THAT VOUCHERS CLAIMING PER DIEM ALLOWANCES PRESCRIBED IN THIS PARAGRAPH WILL BE SUBSTANTIATED BY A CERTIFICATE EXECUTED BY COMPETENT AUTHORITY (COMMANDING OFFICER OF THE INSTALLATION, MANEUVER, OR EXERCISE DIRECTOR, OR COMMANDING OFFICER OF THE EXERCISE OR ACTIVITY AT THE INSTALLATION INVOLVED).

SINCE A CERTIFICATE OF THE TYPE REQUIRED BY THE REGULATIONS HAS NOT BEEN FURNISHED THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM ON THE PRESENT RECORD. ACCORDINGLY, THE SETTLEMENT OF JUNE 21, 1961, IS SUSTAINED. WITH REFERENCE TO YOUR QUESTION AS TO WHETHER COLONEL GEORGE W. BARRY MAY ISSUE A PROPER CERTIFICATE IN YOUR CASE, ENCLOSED IS A COPY OF DECISION B-146562 OF THIS DATE ..END :