B-146562, OCT. 5, 1961

B-146562: Oct 5, 1961

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

TC: REFERENCE IS MADE TO YOUR LETTER OF JUNE 30. YOU WERE ORDERED TO REPORT TO FORT EUSTIS. THIS PARAGRAPH PROHIBITS THE PAYMENT OF PER DIEM FOR DUTY OF THE TYPE COVERED BY YOUR ORDERS EXCEPT IN CERTAIN SITUATIONS WHERE PER DIEM IS AUTHORIZED UNDER REGULATIONS ISSUED BY THE SECRETARY OF THE SERVICE CONCERNED. PROVIDES THAT A MEMBER PERFORMING TEMPORARY DUTY OF SUCH TYPE 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 THE DUTY OR IF THE DUTY 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 DUTY.

B-146562, OCT. 5, 1961

TO COLONEL GEORGE W. BARRY, TC:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 30, 1961, REQUESTING REVIEW OF THE SETTLEMENT OF JUNE 15, 1961, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR TEMPORARY DUTY AT FORT EUSTIS, VIRGINIA, DURING THE PERIOD JUNE 22 TO AUGUST 1, 1957.

BY LETTER ORDER NO. 5-430 DATED MAY 31, 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. THIS PARAGRAPH PROHIBITS THE PAYMENT OF PER DIEM FOR DUTY OF THE TYPE COVERED BY YOUR ORDERS EXCEPT IN CERTAIN SITUATIONS WHERE PER DIEM IS AUTHORIZED UNDER REGULATIONS ISSUED BY THE SECRETARY OF THE SERVICE CONCERNED.

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 DUTY OF THE TYPE CONTEMPLATED BY PARAGRAPH 4201.6 OF THE JOINT TRAVEL REGULATIONS--- MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES, AND OTHER SIMILAR ACTIVITIES. PARAGRAPH 5C (1) OF THE REGULATIONS, PROVIDES THAT A MEMBER PERFORMING TEMPORARY DUTY OF SUCH TYPE 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 THE DUTY OR IF THE DUTY 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 DUTY. PARAGRAPH 5C (2) PROVIDES THAT VOUCHERS CLAIMING THE PER DIEM ALLOWANCES WILL BE SUBSTANTIATED BY A CERTIFICATE BY COMPETENT AUTHORITY DESCRIBED AS THE COMMANDING OFFICER OF THE INSTALLATION, MANEUVER, OR EXERCISE DIRECTOR, OR COMMANDING OFFICER OF THE EXERCISE OR ACTIVITY AT THE INSTALLATION INVOLVED.

YOU SUPPORTED YOUR CLAIM WITH A CERTIFICATE WHICH YOU EXECUTED ON DECEMBER 22, 1960, IN WHICH YOU STATE YOU WERE QUARTERED SEPARATELY DURING THE PERIOD INVOLVED. ON DECEMBER 8, 1960, HOWEVER, THE BILLETING OFFICER AT FORT EUSTIS REPORTED THAT THE BILLETING RECORDS FOR THE CALENDAR YEAR 1957 HAD BEEN DESTROYED. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT A PROPER CERTIFICATE HAD NOT BEEN ISSUED IN YOUR CASE. IN YOUR PRESENT LETTER YOU SAY THAT YOU MADE TIMELY REQUEST FOR THE REQUIRED CERTIFICATES NECESSARY FOR PER DIEM FOR YOURSELF AND OTHER OFFICERS WHO ATTENDED THE 1957 CAMP BUT WERE REFUSED. YOU FURTHER SAY YOU WERE THE DEPUTY CAMP COMMANDER IN 1957 AND QUESTION WHETHER YOU ARE QUALIFIED TO ISSUE CERTIFICATES CONCERNING OCCUPANCY OF QUARTERS FOR THE PERIOD IN QUESTION.

THE PROPER CERTIFICATE REQUIRED TO SUPPORT PER DIEM WAS NOT ISSUED AND CANNOT NOW BE ISSUED BY THE PRIMARY AUTHORITY BECAUSE THE RECORDS ON WHICH IT WOULD HAVE TO BE BASED HAVE BEEN DESTROYED. ALSO, IT APPEARS THAT YOUR TIMELY REQUEST FOR SUCH A CERTIFICATE FOR YOU AND THE OTHER OFFICERS CONCERNED WAS REFUSED AND THE REASON FOR THE REFUSAL TO ISSUE THE CERTIFICATES CONTEMPORANEOUSLY IS NOT EXPLAINED. IN THE ABSENCE OF A CLEAR SHOWING THAT THE COMMANDING OFFICER ACTED IMPROPERLY IN THAT RESPECT, WE MUST ASSUME THAT HIS DECISION NOT TO ISSUE THE CERTIFICATES WAS CORRECT. IN THOSE CIRCUMSTANCES THIS OFFICE COULD NOT NOW ACCEPT YOUR CERTIFICATION AS A BASIS FOR FAVORABLE CONSIDERATION OF YOUR CLAIM.