B-154391, OCT. 20, 1964

B-154391: Oct 20, 1964

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SPERMAN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 29. WHICH WAS DISALLOWED BY OUR CLAIMS DIVISION IN SETTLEMENT DATED MAY 14. YOU WERE RELEASED FROM THE U.S. YOUR PERMANENT DUTY STATION WAS CHANGED FROM FORT KNOX. YOU WERE PAID PER DIEM FOR 11 DAYS FOR THE PERIOD AUGUST 10 TO 20. THIS AMOUNT WAS SUBSEQUENTLY COLLECTED FROM YOU BECAUSE YOU WERE NOT ENTITLED TO PER DIEM FOR TEMPORARY DUTY AT YOUR PERMANENT DUTY STATION. IT IS CLEAR THAT UNDER YOUR ORDERS OF MAY 26. WAS IN FACT YOUR PERMANENT DUTY STATION FROM THE TIME YOU ARRIVED THERE AND CONTINUED TO BE YOUR PERMANENT STATION UNTIL YOU DEPARTED THEREFROM INCIDENT TO THE ASSIGNMENT TO FORT DEVENS. UNDER THE REGULATIONS YOU WERE NOT ENTITLED TO PER DIEM WHILE PERFORMING ANY PART OF YOUR TEMPORARY DUTY AT FORT KNOX. 34 COMP.

B-154391, OCT. 20, 1964

TO FIRST LIEUTENANT STEPHEN D. SPERMAN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 29, 1964, CONCERNING YOUR CLAIM FOR PER DIEM FROM AUGUST 22 TO SEPTEMBER 30, 1962, INCIDENT TO YOUR DUTY AT FORT KNOX, KENTUCKY, WHICH WAS DISALLOWED BY OUR CLAIMS DIVISION IN SETTLEMENT DATED MAY 14, 1964.

THE RECORD SHOWS THAT BY PARAGRAPH 47, SPECIAL ORDERS NO. 122, HEADQUARTERS, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., DATED MAY 26, 1962, YOU WERE RELEASED FROM THE U.S. MILITARY ACADEMY, WEST POINT, NEW YORK, AS A GRADUATE OF THE CLASS OF 1962, AND ASSIGNED TO THE 3D MEDIUM TANK BATTALION 33RD ARMOR, FORT KNOX, KENTUCKY, AS A PERMANENT DUTY STATION, WITH TEMPORARY DUTY EN ROUTE FOR APPROXIMATELY 9 WEEKS AT THE U.S. ARMY ARMOR SCHOOL, FORT KNOX, KENTUCKY, FOR THE PURPOSE OF ATTENDING A COURSE OF INSTRUCTION. UPON COMPLETION OF THE LATTER TEMPORARY DUTY, THE ORDERS AUTHORIZED 15 DAYS' DELAY CHARGEABLE AS LEAVE PRIOR TO REPORTING BACK AT YOUR PERMANENT DUTY STATION, FORT KNOX. BY SPECIAL ORDERS NO. 196, HEADQUARTERS, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., DATED AUGUST 15, 1962, YOUR PERMANENT DUTY STATION WAS CHANGED FROM FORT KNOX, KENTUCKY, TO FORT DEVENS,MASSACHUSETTS, WITH AN "EDCSA" DATE (EFFECTIVE DATE OF CHANGE OF STRENGTH ACCOUNTABILITY) OF AUGUST 22, 1962.

IT APPEARS FROM THE RECORD AND YOUR ITINERARY THAT ON AUGUST 9, 1962, YOU REPORTED AT FORT KNOX, KENTUCKY, FOR TEMPORARY DUTY AND THAT YOU DEPARTED FORT KNOX ON OCTOBER 17, 1962, ARRIVING THE SAME DAY AT FORT BENNING, GEORGIA, FOR ADDITIONAL TEMPORARY DUTY. UPON COMPLETION OF THAT TEMPORARY DUTY, YOU PROCEEDED TO NEW YORK, NEW YORK, AND THEN TO YOUR NEW PERMANENT DUTY STATION, FORT DEVENS, MASSACHUSETTS. THE RECORD FURTHER SHOWS THAT WHILE PERFORMING TEMPORARY DUTY AT FORT KNOX, YOU WERE PAID PER DIEM FOR 11 DAYS FOR THE PERIOD AUGUST 10 TO 20, 1962, BUT THIS AMOUNT WAS SUBSEQUENTLY COLLECTED FROM YOU BECAUSE YOU WERE NOT ENTITLED TO PER DIEM FOR TEMPORARY DUTY AT YOUR PERMANENT DUTY STATION.

SECTION 404 (A) (1) OF TITLE 37, U.S.C. (FORMERLY 37 U.S.C. 253 (A) ( AUTHORIZES PAYMENT OF A TRAVEL ALLOWANCE FOR TRAVEL PERFORMED BY A MEMBER OF THE UNIFORMED SERVICES UNDER ORDERS "WHEN AWAY FROM HIS DESIGNATED POST OF DUTY" UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED. PARAGRAPH 4201-4 OF THE JOINT TRAVEL REGULATIONS PRECLUDES PAYMENT OF PER DIEM FOR TEMPORARY DUTY PERFORMED WITHIN THE LIMITS OF THE PERMANENT DUTY STATION. IT IS CLEAR THAT UNDER YOUR ORDERS OF MAY 26, 1962, FORT KNOX, KENTUCKY, WAS IN FACT YOUR PERMANENT DUTY STATION FROM THE TIME YOU ARRIVED THERE AND CONTINUED TO BE YOUR PERMANENT STATION UNTIL YOU DEPARTED THEREFROM INCIDENT TO THE ASSIGNMENT TO FORT DEVENS, WITH TEMPORARY DUTY EN ROUTE AT FORT BENNING. HENCE, UNDER THE REGULATIONS YOU WERE NOT ENTITLED TO PER DIEM WHILE PERFORMING ANY PART OF YOUR TEMPORARY DUTY AT FORT KNOX. 34 COMP. GEN. 427, COPY ENCLOSED.

YOU SAY, IN EFFECT, THAT YOU UNDERSTAND THE BASIS FOR DENYING YOUR CLAIM BUT YOU ASK "WHAT IS THE STATUS OF A DA LETTER ALERTING ME TO A CHANGE OF STATION? " YOU ALSO SAY THAT YOU WERE REQUIRED TO PAY EXTRA MONEY FOR RATIONS WHEN YOU WERE ERRONEOUSLY PUT ON PER DIEM AND YOU ASK ,WHAT RECOURSE DO I HAVE TO BE REIMBURSED FOR THE MONEY I SPENT OVER THE NON PER DIEM RATE?

PRESUMABLY, THE DEPARTMENT OF THE ARMY LETTER YOU HAVE REFERENCE TO IS THE ONE ACCOMPANYING YOUR CLAIM PAPERS DATED AUGUST 7, 1962, ADDRESSED TO YOU AT FORT KNOX, KENTUCKY, AND SIGNED BY MAJOR H. R. FULLER, JR., ARMOR BRANCH, OFFICE OF PERSONNEL OPERATIONS, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., ADVISING YOU, IN SUBSTANCE, THAT YOUR ASSIGNMENT AT FORT KNOX WOULD BE CHANGED TO FORT DEVENS, MASSACHUSETTS. ENTITLEMENT TO PER DIEM AND OTHER TRAVEL ALLOWANCES IS BASED ON THE ISSUANCE OF COMPETENT ORDERS (PARAGRAPH 3001, JOINT TRAVEL REGULATIONS). THE DEPARTMENT OF THE ARMY LETTER OF AUGUST 7, 1962, IS MERELY A NOTICE THAT YOUR DUTY STATION WOULD BE SUBSEQUENTLY CHANGED AND, THEREFORE, SUCH LETTER MAY NOT BE CONSIDERED AS COMPETENT ORDERS WITHIN THE MEANING OF THE REGULATIONS FOR PER DIEM PURPOSES. WITH REGARD TO ANY INCREASE IN THE CHARGE FOR RATIONS WHILE PERFORMING TEMPORARY DUTY AT YOUR PERMANENT STATION, YOU ARE ADVISED THAT OFFICERS ARE ENTITLED TO A BASIC ALLOWANCE FOR SUBSISTENCE AT ALL TIMES ON A MONTHLY BASIS, AND ARE REQUIRED TO PAY FOR MEALS FURNISHED. IF, HOWEVER, BECAUSE OF YOUR TEMPORARY DUTY ASSIGNMENT AT FORT KNOX (YOUR PERMANENT STATION) YOU WERE CHARGED FOR MEALS AT A RATE HIGHER THAN OTHER OFFICERS ASSIGNED THERE FOR PERMANENT DUTY, A CLAIM FOR SUCH EXCESS AMOUNT SHOULD BE PRESENTED TO THE DEPARTMENT OF THE ARMY SUPPORTED BY RECEIPTS OR OTHER EVIDENCE SHOWING THE AMOUNT YOU PAID FOR SUCH MEALS.

ON THE RECORD BEFORE US, THE SETTLEMENT OF MAY 14, 1964, IS SUSTAINED.