B-149306, AUG. 6, 1962

B-149306: Aug 6, 1962

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QUINN: REFERENCE IS MADE TO YOUR LETTER. WHICH WAS FORWARDED HERE BY THE FINANCE CENTER. WILL BE TREATED AS A REQUEST FOR REVIEW OF OUR CLAIMS DIVISION SETTLEMENT DATED JULY 14. BY WHICH YOUR CLAIM FOR PER DIEM WAS PREVIOUSLY DISALLOWED. YOU WERE DIRECTED TO REPORT TO THE COMMANDING OFFICER OF B COMPANY. UPON THE COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR PROPER ORGANIZATION AND STATION. YOU WERE PLACED ON FURTHER TEMPORARY DUTY AT CAMP ROBERTS FOR THE PERIOD MAY 1. THERE IS A CERTIFICATION THAT YOU WERE AUTHORIZED TO BE QUARTERED SEPARATELY FROM THOSE PARTICIPATING IN THE TRAINING ACTIVITIES AT CAMP ROBERTS DURING THE PERIOD MAY 1 TO SEPTEMBER 4. " WHERE BOTH RATIONS IN KIND AND QUARTERS ARE AVAILABLE.

B-149306, AUG. 6, 1962

TO CAPTAIN JOHN P. QUINN:

REFERENCE IS MADE TO YOUR LETTER, AND ENCLOSURES, CONCERNING YOUR CLAIM FOR PER DIEM FOR THE PERIOD MAY 1 TO SEPTEMBER 4, 1957, INCIDENT TO TEMPORARY DUTY PERFORMED BY YOU AT CAMP ROBERTS, CALIFORNIA. YOUR LETTER, WHICH WAS FORWARDED HERE BY THE FINANCE CENTER, U.S. ARMY, WILL BE TREATED AS A REQUEST FOR REVIEW OF OUR CLAIMS DIVISION SETTLEMENT DATED JULY 14, 1958, BY WHICH YOUR CLAIM FOR PER DIEM WAS PREVIOUSLY DISALLOWED.

UNDER LETTER ORDER 0-4-108, HEADQUARTERS 5TH INFANTRY DIVISION AND FORT ORD, CALIFORNIA, DATED APRIL 29, 1957, CONFIRMING VERBAL ORDERS OF MARCH 8, 1957, YOU WERE DIRECTED TO REPORT TO THE COMMANDING OFFICER OF B COMPANY, 7TH ENGINEER BATTALION (C) AT CAMP ROBERTS ON TEMPORARY DUTY ON MARCH 11, 1957, FOR A PERIOD OF APPROXIMATELY 51 DAYS, IN SUPPORT OF THE SIXTH UNITED STATES ARMY RIFLE AND PISTOL MATCHES, UPON THE COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR PROPER ORGANIZATION AND STATION. SUBSEQUENTLY, BY LETTER ORDER 0-5-28, DATED MAY 8, 1957, CONFIRMING VERBAL ORDERS OF APRIL 30, 1957, YOU WERE PLACED ON FURTHER TEMPORARY DUTY AT CAMP ROBERTS FOR THE PERIOD MAY 1, 1957, THROUGH SEPTEMBER 15, 1957, FOR THE PURPOSE OF SUPPORTING RESERVE COMPONENT TRAINING ACTIVITIES. APPEARS FROM THE ITINERARY SUBMITTED IN SUPPORT OF YOUR CLAIM THAT YOU DEPARTED CAMP ROBERTS, CALIFORNIA, ON SEPTEMBER 4, 1957, AND ARRIVED BACK AT FORT ORD, YOUR PERMANENT STATION, ON THAT SAME DAY. IN YOUR FILE, THERE IS A CERTIFICATION THAT YOU WERE AUTHORIZED TO BE QUARTERED SEPARATELY FROM THOSE PARTICIPATING IN THE TRAINING ACTIVITIES AT CAMP ROBERTS DURING THE PERIOD MAY 1 TO SEPTEMBER 4, 1957. IN YOUR CURRENT LETTER, YOU CITE A TWX IN THE CASE OF PAOLO DRAGO AS POSSIBLY HAVING A BEARING ON THE ALLOWANCE ON YOUR CLAIM FOR PER DIEM.

PARAGRAPH 4201-6 OF THE JOINT TRAVEL REGULATIONS PROHIBITS THE PAYMENT OF PER DIEM TO MEMBERS WHILE PARTICIPATING IN CERTAIN FIELD DUTY TYPE ACTIVITIES, INCLUDING TRAINING ENCAMPMENTS FOR THE RESERVE COMPONENTS OR RESERVE OFFICERS TRAINING CORPS STUDENTS, AND "OTHER SIMILAR ACTIVITIES," WHERE BOTH RATIONS IN KIND AND QUARTERS ARE AVAILABLE, WHETHER OR NOT SUCH FACILITIES ARE UTILIZED, EXCEPT WHEN PARTICIPATION IN SUCH DUTY INVOLVES TEMPORARY DUTY AT AN INSTALLATION OF THE UNIFORMED SERVICES AND PER DIEM IS AUTHORIZED IN ACCORDANCE WITH REGULATIONS ISSUED BY THE SECRETARY OF THE SERVICE CONCERNED. PARAGRAPH 5C OF ARMY REGULATIONS 35-3080, MAY 15, 1956, 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 PER DIEM WHEN AUTHORIZED TO BE QUARTERED SEPARATELY FROM OTHER MEMBERS PARTICIPATING IN THE FIELD DUTY ACTIVITIES. SUCH AUTHORIZATION, HOWEVER, HAS APPLICATION ONLY TO TEMPORARY DUTY PERFORMED AT AN INSTALLATION OF THE UNIFORMED SERVICES. CAMP ROBERTS WAS CLASSIFIED BY THE DEPARTMENT OF THE ARMY AS AN INACTIVE INSTALLATION DURING THE PERIOD IN QUESTION AND APPARENTLY WAS INOPERATIVE EXCEPT FOR ITS USE BY THOSE ENGAGED IN FIELD DUTY TYPE ACTIVITIES. IT HAS BEEN HELD THAT IN SUCH INACTIVE STATUS THE CAMP WAS NOT AN INSTALLATION OF THE UNIFORMED SERVICES WITHIN THE CONTEMPLATION OF PARAGRAPH 4201-6. DECISION OF SEPTEMBER 18, 1958, B-136993.

THE DUTIES OF PROVIDING SERVICE SUPPORT FOR THOSE ENGAGED IN FIELD DUTY TYPE ACTIVITIES CLEARLY ARE A NECESSARY PART OF SUCH ACTIVITIES, AND THOSE ENGAGED IN SUCH DUTIES OF SUPPORT CONSEQUENTLY ARE CONSIDERED AS PARTICIPATING IN THE FIELD DUTY ACTIVITIES. SEE, IN THIS CONNECTION, PARAGRAPH 5 OF ARMY REGULATIONS 35-3080 WHICH DEFINES THE TERM "OTHER SIMILAR ACTIVITIES" AS "ALL ACTIVITIES IN SUPPORT OF A MANEUVER, FIELD EXERCISES, TRAINING ENCAMPMENT," ETC. ALSO, PARAGRAPH 2 (D), MEMORANDUM NO. 35-5, HEADQUARTERS, UNITED STATES ARMY TRAINING CENTER, INFANTRY AND FORT ORD, CALIFORNIA, DATED OCTOBER 11, 1957, PROVIDED THAT "PER DIEM WILL NOT BE PAYABLE WITH RESPECT TO TDY AT CAMP ROBERTS DURING THIS PERIOD (THE OPENING, OPERATING AND CLOSING PHASES OF RESERVE COMPONENT SUMMER TRAINING AT THAT PLACE), UNLESS MILITARY MEMBERS ARE QUARTERED SEPARATELY FROM RESERVE COMPONENT UNITS CDEC EXPERIMENTAL TROOPS.' SUCH PROVISION OBVIOUSLY REFERS TO THE FIELD DUTY TYPE ACTIVITIES MENTIONED IN PARAGRAPH 5-C, ARMY REGULATIONS 35 3080, MAY 15, 1956. IT APPEARS, THEREFORE, THAT YOU WERE PARTICIPATING IN THE FIELD DUTY TYPE ACTIVITIES CONTEMPLATED IN PARAGRAPH 4201-6 WHILE AT CAMP ROBERTS DURING THE PERIOD OF YOUR CLAIM, AND THAT SUCH DUTY WAS PERFORMED AT A PLACE OTHER THAN AN INSTALLATION OF THE UNIFORMED SERVICES. SINCE QUARTERS AND MESSING FACILITIES WERE AVAILABLE FOR YOUR USE WHILE AT THAT PLACE, NO AUTHORITY EXISTS FOR THE PAYMENT TO YOU OF PER DIEM FOR THAT DUTY. IT MIGHT BE STATED THAT IN THE CASE OF LIEUTENANT PAOLO DRAGO, CITED BY YOU IN SUPPORT OF YOUR CLAIM, PAYMENT OF PER DIEM MADE TO HIM FOR DUTY PERFORMED UNDER CIRCUMSTANCES SIMILAR TO THOSE INVOLVED IN YOUR CLAIM HAS BEEN DETERMINED TO HAVE BEEN ERRONEOUS AND COLLECTION ACTION HAS BEEN INSTITUTED TO RECOVER SUCH ERRONEOUS PAYMENT.

ACCORDINGLY, THE SETTLEMENT OF JULY 14, 1958, DISALLOWING YOUR CLAIM IS SUSTAINED.