B-153266, FEB. 12, 1964

B-153266: Feb 12, 1964

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PETERS: REFERENCE IS MADE TO YOUR LETTER POSTMARKED DECEMBER 27. WHILE YOU WERE ON TEMPORARY DUTY AT FORT LEE. THE PER DIEM RATE OF $6 FOR EMPLOYEES WHO ATTEND SERVICE SCHOOLS AT WHICH GOVERNMENT QUARTERS ARE OCCUPIED WAS RAISED TO $9. YOU CONTEND THAT YOU ARE ENTITLED TO THIS HIGHER RATE OF PER DIEM DURING YOUR ENTIRE PERIOD OF TEMPORARY DUTY AT FORT LEE. 1962) PRECEDES THE DATE YOUR ORDERS WERE ISSUED (DECEMBER 27. AS PRESCRIBED IN CHANGE 9 (ISSUED PURSUANT TO A DIRECTIVE OF THE DEPARTMENT OF DEFENSE) WAS MANDATORY ON ALL INSTALLATIONS SUBJECT TO REGULATIONS OF THE DEPARTMENT OF THE ARMY FROM ITS EFFECTIVE DATE. WHILE IT WAS NOT NECESSARY TO AMEND YOUR OUTSTANDING TRAVEL ORDERS IN ORDER TO EFFECT THE INCREASE TO THE HIGHER RATE.

B-153266, FEB. 12, 1964

TO MR. FRANK J. PETERS:

REFERENCE IS MADE TO YOUR LETTER POSTMARKED DECEMBER 27, 1963, REQUESTING REVIEW OF OUR SETTLEMENT DATED DECEMBER 3, 1963, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM ALLOWANCE IN THE AMOUNT OF $245.25 FOR THE PERIOD JANUARY 6 TO MARCH 29, 1963, WHILE YOU WERE ON TEMPORARY DUTY AT FORT LEE, VIRGINIA, UNDER TRAVEL AUTHORIZATION DATED DECEMBER 27, 1962.

YOUR TRAVEL ORDERS DATED DECEMBER 27, 1962, SPECIFIED THAT YOU WOULD RECEIVE PER DIEM IN LIEU OF SUBSISTENCE AS SPECIFIED IN DEPARTMENT OF THE ARMY CPR T3. BY AN AMENDMENT TO CRP T3, DATED NOVEMBER 29, 1962 (CHANGE 9), THE PER DIEM RATE OF $6 FOR EMPLOYEES WHO ATTEND SERVICE SCHOOLS AT WHICH GOVERNMENT QUARTERS ARE OCCUPIED WAS RAISED TO $9. YOU CONTEND THAT YOU ARE ENTITLED TO THIS HIGHER RATE OF PER DIEM DURING YOUR ENTIRE PERIOD OF TEMPORARY DUTY AT FORT LEE, SINCE THE DATE APPEARING ON CHANGE 9 (NOVEMBER 29, 1962) PRECEDES THE DATE YOUR ORDERS WERE ISSUED (DECEMBER 27, 1962).

THE INCREASE IN PER DIEM RATE FROM $6 TO $9 FOR USE OF GOVERNMENT QUARTERS, AS PRESCRIBED IN CHANGE 9 (ISSUED PURSUANT TO A DIRECTIVE OF THE DEPARTMENT OF DEFENSE) WAS MANDATORY ON ALL INSTALLATIONS SUBJECT TO REGULATIONS OF THE DEPARTMENT OF THE ARMY FROM ITS EFFECTIVE DATE. WHILE IT WAS NOT NECESSARY TO AMEND YOUR OUTSTANDING TRAVEL ORDERS IN ORDER TO EFFECT THE INCREASE TO THE HIGHER RATE, NEVERTHELESS, SUCH CHANGE DID NOT BECOME EFFECTIVE UNTIL THE DATE OF RECEIPT BY YOUR INSTALLATION AS SPECIFIED IN OTHER REGULATIONS OF THE DEPARTMENT OF THE ARMY. SEE CPR A3.2-1. WE UNDERSTAND INFORMALLY THAT DATES APPEARING ON REGULATIONS OF THE DEPARTMENT OF THE ARMY ARE PLACED THEREON PRIOR TO BEING PRINTED IN THE GOVERNMENT PRINTING OFFICE, AND AS THE TIME CONSUMED IN PRINTING COULD NOT BE REASONABLY ESTIMATED SO AS TO PERMIT SETTING OF AN EFFECTIVE DATE IT WAS DETERMINED TO MAKE SUCH REGULATIONS EFFECTIVE ONLY FROM THE DATE OF RECEIPT THEREOF BY THE VARIOUS INSTALLATIONS UNLESS OTHERWISE SPECIFIED. ACCORDINGLY, SINCE YOUR INSTALLATION RECEIVED CHANGE 9 ON JANUARY 21, 1963, NO OTHER EFFECTIVE DATE BEING SPECIFIED, YOU ARE ONLY ENTITLED TO THE $9 RATE COMMENCING WITH JANUARY 21, 1963. SETTLEMENT WILL ISSUE TO YOU IN DUE COURSE IN THE PROPER AMOUNT FOUND DUE.