B-153949, MAY 27, 1964

B-153949: May 27, 1964

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JR.: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED APRIL 2. IN WHICH YOU WERE ALLOWED THE SUM OF $715.51 AS PER DIEM AND AUTHORIZED TRAVEL EXPENSES ($685.86 PLUS $29.65. FROM YOUR PRESENT LETTER IT APPEARS THAT YOU BELIEVE YOU WERE ENTITLED TO FULL PER DIEM FOR THE PERIOD MAY 26 TO JULY 23. FOR THE REASON THAT YOU WERE REQUIRED TO PAY FOR YOUR ROOM AND BOARD. THE TEMPORARY DUTY INVOLVED WAS PERFORMED BY YOU AND OTHER DESIGNATED ENLISTED AND CIVILIAN PERSONNEL AT DARWIN. THE RECORD SHOWS THAT PER DIEM FOR THE PERIOD OF TEMPORARY DUTY IN DARWIN WAS ADVANCED TO YOU AT THE RATE OF $13. WHILE AT THAT STATION YOU WERE FURNISHED RATIONS AND QUARTERS BY THE ROYAL AIR FORCE. FOR WHICH YOU WERE CHARGED THE SUM OF $2.86 PER DAY.

B-153949, MAY 27, 1964

TO MR. RANDOLPH CONSTANTINE, JR.:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED APRIL 2, 1964, IN EFFECT REQUESTING REVIEW OF OUR SETTLEMENT OF JUNE 13, 1963, IN WHICH YOU WERE ALLOWED THE SUM OF $715.51 AS PER DIEM AND AUTHORIZED TRAVEL EXPENSES ($685.86 PLUS $29.65, RESPECTIVELY) FOR THE PERIOD MAY 16 TO JULY 25, 1962, WHILE ON TEMPORARY DUTY UNDER ORDERS DATED MAY 2, 1962, AS AMENDED. THE SUM OF $715.51 HAS BEEN APPLIED TO PARTIALLY LIQUIDATE THE SUM OF $764 WHICH YOU RECEIVED AS A TRAVEL ADVANCE AT FORT MONMOUTH, NEW JERSEY.

FROM YOUR PRESENT LETTER IT APPEARS THAT YOU BELIEVE YOU WERE ENTITLED TO FULL PER DIEM FOR THE PERIOD MAY 26 TO JULY 23, 1962, WHILE ON TEMPORARY DUTY AT DARWIN, AUSTRALIA, FOR THE REASON THAT YOU WERE REQUIRED TO PAY FOR YOUR ROOM AND BOARD. YOU REQUEST A DETAILED STATEMENT SHOWING THE COMPUTATION OF YOUR CLAIM AND INFORMATION AS TO HOW YOU MAY APPEAL THE SETTLEMENT. ALSO YOU REQUEST THAT WE RETURN ALL YOUR RECEIPTS AND THE MATERIALS WHICH YOU FURNISHED TO THE TRAVEL SECTION AT FORT MONMOUTH, NEW JERSEY, IN SUPPORT OF YOUR CLAIM.

THE TEMPORARY DUTY INVOLVED WAS PERFORMED BY YOU AND OTHER DESIGNATED ENLISTED AND CIVILIAN PERSONNEL AT DARWIN, AUSTRALIA, UNDER DEPARTMENT OF THE ARMY TELEGRAPHIC ORDERS DATED MAY 2, 1962, AS AMENDED. THE RECORD SHOWS THAT PER DIEM FOR THE PERIOD OF TEMPORARY DUTY IN DARWIN WAS ADVANCED TO YOU AT THE RATE OF $13. WHILE AT THAT STATION YOU WERE FURNISHED RATIONS AND QUARTERS BY THE ROYAL AIR FORCE, DARWIN, AUSTRALIA, FOR WHICH YOU WERE CHARGED THE SUM OF $2.86 PER DAY, COMPRISED OF $1.90 FOR MEALS AND $0.96 FOR QUARTERS.

PARAGRAPH 1150-5 OF THE JOINT TRAVEL REGULATIONS, IN EFFECT DURING THE PERIOD IN QUESTION, DEFINES THE TERM "GOVERNMENT QUARTERS" TO INCLUDE AMONG OTHER THINGS, ANY SLEEPING ACCOMMODATIONS ,FURNISHED BY A FOREIGN GOVERNMENT EITHER UNDER AGREEMENT WITH THE UNITED STATES OR ON A COMPLIMENTARY BASIS.' MILITARY PERSONNEL OCCUPYING QUARTERS OWNED BY A FOREIGN GOVERNMENT--- WHETHER INITIALLY FURNISHED TO THE UNITED STATES GOVERNMENT FOR REASSIGNMENT TO THE USE OF SUCH PERSONNEL, OR FURNISHED DIRECTLY TO THE PERSONNEL BY THE FOREIGN GOVERNMENT--- WHERE NO CHARGE OR ONLY A TOKEN CHARGE IS MADE, ARE CONSIDERED TO HAVE BEEN FURNISHED GOVERNMENT QUARTERS FOR PER DIEM PURPOSES UNDER THOSE REGULATIONS. SEE B- 128533, SEPTEMBER 5, 1956, AND ALSO COMPARE DECISION OF MAY 28, 1942, B- 25239, 21 COMP. GEN. 1065, COPIES HEREWITH.

SINCE THE RECORD SHOWS THAT YOU WERE FURNISHED QUARTERS BY THE ROYAL AIR FORCE FOR $0.96 PER DAY, WHICH IS CONSIDERABLY LESS THAN CHARGES MADE COMMERCIALLY FOR QUARTERS, IT MUST BE CONSIDERED THAT THE QUARTERS FURNISHED YOU BY THE AUSTRALIAN GOVERNMENT WERE GOVERNMENT QUARTERS AS DEFINED IN PARAGRAPH 1150-5 OF THE JOINT TRAVEL REGULATIONS, AND UNDER PARAGRAPH 4254-1 OF THOSE REGULATIONS, REQUIRING A DEDUCTION OF 49 PERCENT OF THE APPLICABLE PER DIEM RATE FOR THE PERIOD COVERED BY YOUR TEMPORARY DUTY AT DARWIN PRIOR TO JULY 1, 1962, AND 50 PERCENT THEREAFTER, WHERE GOVERNMENT QUARTERS WERE AVAILABLE OR UTILIZED, APPROPRIATE DEDUCTION FROM YOUR PER DIEM ALLOWANCE IS REQUIRED. ACCORDANCE WITH THE FOREGOING, BY SETTLEMENT DATED JUNE 13, 1963, YOU ARE ALLOWED THE SUM OF $715.51 FOR THE PERIOD MAY 16 TO JULY 25, 1962. THE AMOUNT ALLOWED WAS COMPUTED AS FOLLOWS:

CHART

PER DIEM:

MAY 16, 1962, 1/2 DAY AT $9 $ 4.50

MAY 17 TO 24, 1962, 8 DAYS AT $6 LESS $4.50

FOR 3 MEALS PER DAY AT $1.50 EACH 12.00

MAY 25, 1962, CROSSED INTERNATIONAL DATE LINE,

LOST 1 DAY

MAY 26 TO 27, 1962, 2 DAYS AT $13 LESS

40 PERCENT FOR QUARTERS 15.60

MAY 28 TO JUNE 30, 1962, 34 DAYS AT $20

LESS 40 PERCENT FOR QUARTERS 408.00

JULY 1 TO 22, 1962, 22 DAYS AT $20 LESS

50 PERCENT 220.00

JULY 23, 1962, CROSSED INTERNATIONAL DATE LINE,

GAINED 1 DAY; 2 DAYS AT $8, LESS 14 PERCENT

FOR MEALS FURNISHED 13.76

JULY 24, 1962, IN TRAVEL STATUS, 1 DAY

AT $8 8.00

JULY 25, 1962, ARRIVED AT FORT MONMOUTH,

NEW JERSEY, 11:30 A.M., 1/2 DAY AT $8 4.00 $685.86

AUTHORIZED TRAVEL EXPENSES:

MILEAGE FROM FORT MONMOUTH, NEW JERSEY,

TO ROME, NEW YORK 15.45

MILEAGE FROM NEW YORK, NEW YORK, TO FORT

MONMOUTH, NEW JERSEY 2.95

PASSPORT FEE 2.00

LIMOUSINE FROM AIRPORT TO AIR TERMINAL 1.75

COMMISSION ON TRAVELER CHECKS 7.50 29.65

TOTAL AMOUNT ALLOWED $715.51

SINCE DURING THE PERIOD MAY 16 TO JULY 25, 1962, YOU WERE PAID TRAVEL ADVANCE IN THE SUM OF $764, AND SINCE DURING THAT PERIOD YOU WERE ALLOWED CREDIT FOR THE SUM OF $715.51, YOU WERE OVERPAID THE SUM OF $48.49 FOR WHICH YOU ARE INDEBTED TO THE UNITED STATES. ACCORDINGLY YOU SHOULD MAKE PAYMENT PROMPTLY BY CHECK OR MONEY ORDER PAYABLE TO THE "UNITED STATES GENERAL ACCOUNTING OFFICE" AND FORWARD IT TO THE UNITED STATES GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON, D.C., 20013. A COPY OF THIS DECISION IS BEING SENT TO THE FINANCE AND ACCOUNTING OFFICER, HEADQUARTERS, FORT MONMOUTH, NEW JERSEY.

CONCERNING YOUR INQUIRY AS TO HOW, WHEN, AND WHERE YOU MAY APPEAL THE SETTLEMENT, YOUR LETTER HAS BEEN CONSIDERED AS AN APPEAL AND WE HAVE CAREFULLY REVIEWED THE FACTS AND LAW CONCERNING YOUR CLAIM IN THIS DECISION. THE ACTION OF OUR OFFICE ON CLAIMS AGAINST THE UNITED STATES IS BY LAW MADE FINAL AND CONCLUSIVE ON ALL EXECUTIVE DEPARTMENTS OF THE GOVERNMENT. THEREFORE THERE IS NO FURTHER ACTION THAT MAY BE TAKEN ADMINISTRATIVELY ON YOUR CLAIM. HOWEVER THE COURT OF CLAIMS OF THE UNITED STATES HAS JURISDICTION TO CONSIDER AND DETERMINE CERTAIN CLAIMS AGAINST THE UNITED STATES IF FILED THERE WITHIN 6 YEARS AFTER THE CLAIMS FIRST ACCRUED. 28 U.S.C. 2501.

YOUR REQUEST FOR THE RETURN OF THE PAPERS SUBMITTED WITH YOUR CLAIM MAY NOT BE COMPLIED WITH AS THE SETTLEMENT OF YOUR CLAIM WAS BASED, IN PART, ON THOSE PAPERS AND THEY HAVE BECOME A PART OF THE PERMANENT RECORDS OF THIS OFFICE.