B-153421, MAY 7, 1964, 43 COMP. GEN. 726

B-153421: May 7, 1964

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SLEEPING EQUIPMENT IN ORDER TO REMAIN WITH THE SHIPMENT DOES NOT ENTITLE THE OFFICER TO PER DIEM IN EXCESS OF THE $8 RATE PRESCRIBED BY PARAGRAPH 4205-5 (A) (1) OF THE JOINT TRAVEL REGULATIONS ON THE BASIS THAT SLEEPING ACCOMMODATIONS WILL BE FURNISHED A MEMBER WHILE TRAVELING TO THE PLACE AT WHICH THE TEMPORARY DUTY IS TO BE PERFORMED. HIS TRAVEL BY SURFACE COMMON CARRIER IS WITHIN THE CONTEMPLATION OF PARAGRAPH 4205-5 (A) (1). THE $8 REDUCTION IN THE PER DIEM RATE BEING BASED ON THE PREMISE THAT THE MEMBER WHILE TRAVELING WOULD NOT HAVE TO PROCURE LODGINGS AND THAT HE WOULD NOT INCUR EXPENSES FOR QUARTERS. THERE WAS FORWARDED HERE YOUR LETTER DATED NOVEMBER 1. IN WHICH YOU REQUEST AN ADVANCE DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER IN THE SUM OF $16 IN FAVOR OF DONALD H.

B-153421, MAY 7, 1964, 43 COMP. GEN. 726

SUBSISTENCE - PER DIEM - MILITARY PERSONNEL - REDUCTION - QUARTERS AND MESSING FACILITIES FURNISHED - COURIER SERVICES PERFORMANCE OF TEMPORARY DUTY AS A COURIER OFFICER IN CHARGE OF THREE OTHER MEMBERS DESIGNATED AS GUARDS TO ACCOMPANY A CLASSIFIED SECURITY SHIPMENT BY RAIL UNDER ORDERS PROVIDING THAT THE ESCORT PERSONNEL FURNISH THEIR OWN RATIONS, COOKING FACILITIES, AND SLEEPING EQUIPMENT IN ORDER TO REMAIN WITH THE SHIPMENT DOES NOT ENTITLE THE OFFICER TO PER DIEM IN EXCESS OF THE $8 RATE PRESCRIBED BY PARAGRAPH 4205-5 (A) (1) OF THE JOINT TRAVEL REGULATIONS ON THE BASIS THAT SLEEPING ACCOMMODATIONS WILL BE FURNISHED A MEMBER WHILE TRAVELING TO THE PLACE AT WHICH THE TEMPORARY DUTY IS TO BE PERFORMED, AND ALTHOUGH THE OFFICER FURNISHED HIS OWN RATIONS, COOKING FACILITIES, AND SLEEPING EQUIPMENT, HIS TRAVEL BY SURFACE COMMON CARRIER IS WITHIN THE CONTEMPLATION OF PARAGRAPH 4205-5 (A) (1), THE $8 REDUCTION IN THE PER DIEM RATE BEING BASED ON THE PREMISE THAT THE MEMBER WHILE TRAVELING WOULD NOT HAVE TO PROCURE LODGINGS AND THAT HE WOULD NOT INCUR EXPENSES FOR QUARTERS.

TO MAJOR M. B. PHILLIPS, DEPARTMENT OF THE ARMY, MAY 7, 1964:

BY FOURTH INDORSEMENT DATED JANUARY 31, 1964, THERE WAS FORWARDED HERE YOUR LETTER DATED NOVEMBER 1, 1963, WITH ENCLOSURES, IN WHICH YOU REQUEST AN ADVANCE DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER IN THE SUM OF $16 IN FAVOR OF DONALD H. TALBERG, W-3, W2 145 912, U.S. ARMY, FOR ADDITIONAL PER DIEM FOR THE PERIOD OCTOBER 22 TO 24, 1963, WHILE PERFORMING TEMPORARY DUTY AS A COURIER OFFICER UNDER THE CIRCUMSTANCES STATED BELOW. THE REQUEST WAS ASSIGNED CONTROL NO. 64-4 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY LETTER ORDERS 10-28, HEADQUARTERS FORT SHERIDAN, FORT SHERIDAN, ILLINOIS, THE CLAIMANT WAS DIRECTED TO PROCEED ON OR ABOUT OCTOBER 22, 1963, ON TEMPORARY DUTY AS COURIER OFFICER IN CHARGE OF THREE OTHER MEMBERS DESIGNATED AS GUARDS TO ACCOMPANY A CLASSIFIED SECURITY SHIPMENT BY RAIL FROM THE AMRON CORPORATION, WAUKESHA, WISCONSIN, TO THE LONE STAR ARMY AMMUNITION PLANT, TEXARKANA, TEXAS. THE ORDERS PROVIDED THAT THE MEMBERS WOULD TRAVEL TO AMRON CORPORATION BY GOVERNMENT VEHICLE AND REPORT THERE NOT LATER THAN 2 P.M. ON OCTOBER 22, 1963,FOR BRIEFING, AND PROCEED FROM THERE BY RAIL TO THE LONE STAR ARMY AMMUNITION PLANT, TEXARKANA, TEXAS. ALSO, THE ORDERS PROVIDED THAT THE ESCORT PERSONNEL WOULD FURNISH THEIR OWN RATIONS, SLEEPING BAGS, AND FLASHLIGHTS. THE AUTHORITY CITED FOR THESE ORDERS WAS ARMY REGULATIONS 55-16, DATED JANUARY 9, 1963, WHICH CONTAINS GENERAL PROVISIONS FOR THE MOVEMENT OF CARGO BY AIR AND SURFACE CARRIERS. THE ITINERARY FURNISHED WITH THE MEMBER'S CLAIM SHOWS THAT ON OCTOBER 22, 1963, HE DEPARTED FROM FORT SHERIDAN, ILLINOIS, AND ARRIVED AT WAUKESHA, WISCONSIN, WHERE HE OBTAINED RAIL TRANSPORTATION FOR THE MOVEMENT OF THE SECURITY SHIPMENT. HE ARRIVED AT TEXARKANA, TEXAS, ON OCTOBER 25, 1963, AND LEFT THERE THE SAME DAY AND RETURNED TO HIS DUTY STATION AT FORT SHERIDAN, ILLINOIS.

THE RECORD SHOWS THAT THE CLAIMANT WAS PAID PER DIEM FOR 1 3/4 DAYS AT THE RATE OF $16 A DAY AND AT THE RATE OF $8 A DAY FOR 2 DAYS AS FOR TRAVEL BY SURFACE COMMON CARRIER IN ACCORDANCE WITH PARAGRAPH 4205-5A (1), JOINT TRAVEL REGULATIONS.

IN YOUR LETTER OF NOVEMBER 1, 1963, IT IS STATED THAT THE MEMBER CLAIMS THAT THE TRAVEL DURING THE PERIOD FROM 9:45 P.M. ON OCTOBER 22, 1963, THROUGH 10:30 A.M. ON OCTOBER 24, 1963, WAS PERFORMED AS ESCORT DUTY ON A NONSCHEDULED FREIGHT SHIPMENT WHICH HE CONTENDS IS NOT THE SAME AS TRAVEL BY SURFACE COMMON CARRIER, AND THEREFORE THAT HE BELIEVES PAYMENT FOR THIS TRAVEL IS PROPERLY DUE AT THE RATE OF $16 PER DAY. IN THIRD INDORSEMENT DATED JANUARY 16, 1964, FROM THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, IT IS STATED THAT THE PER DIEM RATE FOR TRAVEL BY SURFACE COMMON CARRIER OF $8 IN PARAGRAPH 4205-5, JOINT TRAVEL REGULATIONS, WAS PRESCRIBED BASED ON THE FURNISHING OF SLEEPING ACCOMMODATIONS TO THE MEMBER WHILE TRAVELING TO A PLACE TO PERFORM DUTY; THAT IN THIS CASE THE MEMBER WAS TRAVELING BY SURFACE COMMON CARRIER TO A PLACE TO PERFORM TEMPORARY DUTY, BUT SLEEPING ACCOMMODATIONS WERE NOT AVAILABLE TO HIM BY REASON OF THE CIRCUMSTANCES OF HIS DUTY; THAT HE WAS REQUIRED TO FURNISH HIS OWN RATIONS, COOKING FACILITIES AND SLEEPING EQUIPMENT IN ORDER TO REMAIN WITH THE SHIPMENT; AND THAT THE CIRCUMSTANCES OF THE DUTY PERFORMED DO NOT COME WITHIN THE PURVIEW OF PARAGRAPH 6550 OF THE JOINT TRAVEL REGULATIONS. IN THE FOURTH INDORSEMENT DATED JANUARY 31, 1964, THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE EXPRESSED THE VIEW, HOWEVER, THAT THE OFFICER MEMBER HEREIN CONCERNED PERFORMED TRAVEL VIA SURFACE COMMON CARRIER WITHIN THE CONTEMPLATION OF PARAGRAPH 4205-5A (1), JOINT TRAVEL REGULATIONS; THAT THE $8 RATE PRESCRIBED THEREIN IS BASED ON THE PREMISE THAT THE MEMBER IS NOT REQUIRED TO PROCURE LODGINGS FOR DAYS OF TRAVEL BY THE MODE SPECIFIED; AND THAT THE CLAIMANT WAS PAID PER DIEM AT THE CORRECT RATE FOR THE PERIOD IN QUESTION.

THE PERTINENT STATUTE, 37 U.S.C. 404, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS UPON A CHANGE OF PERMANENT STATION, OR OTHERWISE, OR WHEN AWAY FROM THEIR DESIGNATED POST OF DUTY. PARAGRAPH 4205-5A (1) OF THE JOINT TRAVEL REGULATIONS, ISSUED UNDER THAT AUTHORITY, PROVIDES THAT MEMBERS PERFORMING TRAVEL BY SURFACE COMMON CARRIER ON DAYS OTHER THAN DAYS OF DEPARTURE FROM AND RETURN TO OR ARRIVAL AT THE PERMANENT DUTY STATION ARE AUTHORIZED A PER DIEM ALLOWANCE OF $8 PER DAY.

THE PURPOSE OF THE LAW AND REGULATIONS AUTHORIZING PAYMENT OF PER DIEM TO MEMBERS IN A TRAVEL STATUS AWAY FROM THEIR DESIGNATED POST OF DUTY IS TO REIMBURSE THEM FOR THE MORE THAN NORMAL EXPENSES TO WHICH THEY ARE PUT IN OBTAINING QUARTERS AND SUBSISTENCE WHILE IN SUCH TRANSIENT STATUS. IT IS APPARENT THAT THE $8 REDUCTION IN PER DIEM IN CASES SUCH AS THIS (PARAGRAPH 4205-5A (1), JOINT TRAVEL REGULATIONS) IS ACCOUNTED FOR IN LARGE PARTY BY THE FACT THAT EXPENSE FOR QUARTERS IS NOT ANTICIPATED. WILL BE NOTED THAT PROVISION IS MADE FOR A SIMILAR REDUCTION IN PER DIEM RATE IN PARAGRAPH 4205-5B FOR DAY OF ARRIVAL AT TEMPORARY STATION OR POINT OF DELAY ENTIRELY ON THE BASIS OF EXPENSE FOR PROCURING QUARTERS.

PARAGRAPH 35 (B), ARMY REGULATIONS 55-16, DATED JANUARY 9, 1963, STATES THAT RAILROADS WILL BE REQUESTED TO FURNISH GUARD CARS OR ACCOMMODATIONS IN CABOOSES OR SIMILAR TYPE EQUIPMENT FOR GUARDS OR ESCORTS OF MILITARY SHIPMENTS ON FREIGHT TRAINS. IF THE CLAIMANT WAS FURNISHED SLEEPING ACCOMMODATIONS WHILE TRAVELING IN THE FREIGHT CAR AND UTILIZED THE SAME, OR IF HE USED HIS OWN SLEEPING BAG, IT IS APPARENT THAT HE INCURRED NO EXPENSE FOR QUARTERS, THE SITUATION ANTICIPATED BY PARAGRAPH 4205-5A (1). IT IS CONCLUDED, THEREFORE, THAT THE TRAVEL IN QUESTION WAS PERFORMED BY SURFACE COMMON CARRIER WITHIN THE CONTEMPLATION OF THAT REGULATION AND THAT THE PER DIEM RECEIVED BY THE MEMBER WAS PROPERLY COMPUTED.

ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH WILL BE RETAINED HERE, IS NOT AUTHORIZED.