B-154137, JUL. 10, 1964

B-154137, JUL. 10, 1964

TO BRIGADIER GENERAL TOBIAS R. PHILBIN, JR., USA:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED APRIL 28, 1964, REQUESTING RECONSIDERATION OF THE ACTION TAKEN IN SETTLEMENT DATED APRIL 15, 1964, DISALLOWING YOUR CLAIM FOR REIMBURSEMENT OF BILLETING SERVICE CHARGES INCURRED WHILE PERFORMING TEMPORARY DUTY DURING VARIOUS PERIODS FROM OCTOBER 24 TO DECEMBER 18, 1963.

BY LETTER ORDER L-10-6, HEADQUARTERS, U.S. ARMY ADVISORY GROUP, KOREA, APO 102, DATED OCTOBER 14, 1963, YOU AND OTHER LISTED OFFICERS WERE PLACED ON TEMPORARY DUTY AND DIRECTED TO PROCEED TO POINTS IN KOREA WHERE DEEMED NECESSARY FOR A PERIOD OF APPROXIMATELY 60 DAYS, AND UPON COMPLETION THEREOF YOU WERE TO RETURN TO YOUR PROPER STATION. THE ORDERS PROVIDED THAT TRAVEL AND TEMPORARY DUTY PERFORMED THEREUNDER CONSTITUTED DUTY OF A TYPE CONTEMPLATED BY PARAGRAPH 4250-3 OF THE JOINT TRAVEL REGULATIONS AND THAT GOVERNMENT QUARTERS WOULD BE PROVIDED IN KIND FOR THE PERIOD OF TRAVEL AND TEMPORARY DUTY AT MILITARY INSTALLATIONS. LETTER ORDER L-12-5, DATED DECEMBER 14, 1963, DIRECTED A SIMILAR TEMPORARY DUTY ASSIGNMENT EFFECTIVE THAT DATE FOR A PERIOD OF 60 DAYS. THE ITINERARY SHOWS THAT YOU TRAVELED FROM DETACHMENT L, KMAG, TO HEADQUARTERS, KMAG, ON OCTOBER 24 AND DECEMBER 12 AND 16, STAYING FOR 2 DAYS AND THEN RETURNED TO YOUR DUTY STATION EACH TIME. THE RECORD SHOWS FURTHER THAT WHILE YOU WERE AT YOUR TEMPORARY DUTY STATION YOU STAYED AT A FACILITY OPERATED BY A NONAPPROPRIATED FUND ACTIVITY, AND YOU WERE BILLED FOR 6 DAYS' STAY AT THE RATE OF $2 PER DAY FOR A TOTAL OF $12.

YOUR CLAIM FOR REIMBURSEMENT OF THE BILLETING SERVICE CHARGE WAS ADMINISTRATIVELY DENIED FOR THE REASON THAT YOU HAD STAYED AT THE HARTELL HOUSE WHICH HAD VIP TYPE QUARTERS AND WHICH WAS OPERATED BY A NONAPPROPRIATED FUND ACTIVITY, WHEREAS GOVERNMENT QUARTERS WERE AVAILABLE AT A LESSER COST. THE CLAIM WAS TRANSMITTED TO OUR OFFICE FOR SETTLEMENT WITH THE RECOMMENDATION THAT IT BE DISAPPROVED FOR THE REASON THAT THE AMOUNTS PAID WERE SERVICE CHARGES AND THAT THERE WAS NOTHING TO INDICATE THAT YOU WERE REQUIRED TO OBTAIN QUARTERS AS PROVIDED IN PARAGRAPH 4256-3 OF THE JOINT TRAVEL REGULATIONS.

IN YOUR LETTER DATED APRIL 28, 1964, YOU STATE THAT THE ORDERS SPECIFICALLY AUTHORIZE GOVERNMENT QUARTERS "IN KIND" AND MAKE NO PROVISION FOR THE PAYMENT OF PER DIEM. YOU STATE FURTHER THAT THE CHARGES MADE AGAINST YOU FOR QUARTERS RESULT IN A CONTINUING EXPENSE WHICH WILL TOTAL IN EXCESS OF $50 DURING A 1-YEAR PERIOD.

PARAGRAPH 4250-3 OF THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THE PERTINENT STATUTE, 37 U.S.C. 404, PROVIDES THAT A MEMBER OF THE UNIFORMED SERVICES IS ENTITLED TO TRAVEL PER DIEM FOR PERIODS OF TRAVEL AND TEMPORARY DUTY PERFORMED UNDER COMPETENT ORDERS OUTSIDE CONTINENTAL UNITED STATES EXCEPT WHILE PARTICIPATING IN MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES, TRAINING ENCAMPMENTS, AND OTHER SIMILAR ACTIVITIES WHERE BOTH RATIONS IN KIND (INCLUDING FIELD RATIONS) AND QUARTERS ARE THAT MEMBERS MAY BE REIMBURSED IN ACCORDANCE WITH PARAGRAPH 4256-3 FOR AVAILABLE OR FURNISHED, WHETHER OR NOT SUCH FACILITIES ARE UTILIZED, BUT OCCASIONAL MEALS OR QUARTERS NECESSARILY PROCURED. PARAGRAPH 4256-3 OF THE REGULATIONS PROVIDES IN PERTINENT PART THAT WHEN MEMBERS ARE REQUIRED TO PROCURE OCCASIONAL QUARTERS FROM COMMERCIAL OR NONAPPROPRIATED FUND SOURCES WHILE TRAVELING UNDER THE CONDITIONS OUTLINED IN PARAGRAPH 4250-3 THEY WILL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL EXPENSES FOR QUARTERS.

ARMY REGULATIONS 35-30, IMPLEMENTING THE JOINT TRAVEL REGULATIONS, PERTAIN TO PER DIEM ALLOWANCES DURING PERIODS OF PARTICIPATION IN MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES, TRAINING ENCAMPMENTS, AND OTHER SIMILAR ACTIVITIES. PARAGRAPH 9 THEREOF PROVIDES THAT WHEN OFFICERS ARE NOT ENTITLED TO PER DIEM, SLEEPING ACCOMMODATIONS WILL BE MADE AVAILABLE TO THEM WITHOUT COST. THIS INCLUDES ANY LAUNDRY OR LINEN COSTS INCURRED IN CONNECTION WITH THE FURNISHING OF THE SLEEPING ACCOMMODATIONS. SINCE THE REGULATIONS PROVIDE THAT SLEEPING ACCOMMODATIONS WILL BE MADE AVAILABLE TO MEMBERS IN THE CIRCUMSTANCES CONSIDERED WITHOUT COST, AND INASMUCH AS YOUR ORDERS DIRECTED THAT GOVERNMENT QUARTERS BE PROVIDED IN KIND AND IT HAS BEEN ADMINISTRATIVELY REPORTED THAT GOVERNMENT QUARTERS WERE AVAILABLE FOR YOUR USE DURING THE PERIODS INVOLVED, THERE IS NO AUTHORITY FOR THE REIMBURSEMENT OF THE BILLETING SERVICE CHARGES. ACCORDINGLY THE SETTLEMENT OF APRIL 15, 1964, IS SUSTAINED.