B-161503, JUL. 21, 1967

B-161503: Jul 21, 1967

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ALLOWANCE WAS PROPERLY COMPUTED ON BAIS OF ACTUAL TRAVEL AND AVAILABILITY OF QUARTERS AND MESSENG FACILITIES. FMF: REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 22. THE PERSONNEL OF MARINE FIGHTER/ATTACK SQUADRON 122 WERE DIRECTED TO PROCEED TO NAVAL AUXILIARY AIR STATION. THE SQUADRON WAS TO RETURN TO ITS PARENT ORGANIZATION AND RESUME REGULAR DUTIES. THE ORDERS WERE DESIGNATED "GROUP TRAVEL ORDERS" EXCEPT FOR PERSONNEL INVOLVED IN THE PERFORMANCE OF FERRYING AIRCRAFT. WAS STATED FURTHER THAT THE ORDERS INVOLVED A UNIT AWAY FROM ITS PERMANENT DUTY STATIONS UNDER THE PROVISIONS OF PARAGRAPH M4204.5/ACTUALLY M4205.5). THE SQUADRON COMMANDER WAS DIRECTED TO INDICATE BY ENDORSEMENT THE ITINERARY AND PERSONNEL INVOLVED IF SUCH ITINERARY VARIED FROM THAT OF THE MAIN GROUP.

B-161503, JUL. 21, 1967

PER DIEM - MILITARY PERSONNEL - ADDITIONAL DUTY DECISION TO MARINE CORPS OFFICER REVIEWING CLAIMS DIV. ALLOWANCE OF PER DIEM FOR MEMBER WHO, ALTHOUGH TRAVELING UNDER GROUP TRAVEL ORDERS, HAD ORDERS AMENDED TO DIRECT CERTAIN PERSONNEL TO FERRY AIRCRAFT TO VISIT OTHER PLACES. THEREFORE, ALLOWANCE WAS PROPERLY COMPUTED ON BAIS OF ACTUAL TRAVEL AND AVAILABILITY OF QUARTERS AND MESSENG FACILITIES, EVEN THOUGH SOME OFFICERS UNDER ORDERS RECEIVED MORE PER DIEM THAN OTHERS.

TO KEVIN G. RICK, 1ST LIEUTENANT, USMC VMFA-542, MAG-11, 1ST MAW, FMF:

REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 22, 1967, REQUESTING A REVIEW OF OUR CLAIMS DIVISION SETTLEMENT OF DECEMBER 7, 1966, WHICH ALLOWED YOU $45 AS PER DIEM FOR TEMPORARY ADDITIONAL DUTY PERFORMED UNDER ORDERS DATED MARCH 23, 1966, AS AMENDED MAY 16, 1966.

BY ORDERS DATED MARCH 23, 1966, THE PERSONNEL OF MARINE FIGHTER/ATTACK SQUADRON 122 WERE DIRECTED TO PROCEED TO NAVAL AUXILIARY AIR STATION, FALLON, NEVADA, TO REPORT MARCH 27, 1966, FOR TEMPORARY ADDITIONAL DUTY IN A FLYING STATUS FOR A PERIOD OF ABOUT 14 DAYS IN CONNECTION WITH SQUADRON DEPLOYMENT. THE ORDERS DIRECTED THAT UPON COMPLETION OF SUCH DUTY AND WHEN DIRECTED, THE SQUADRON WAS TO RETURN TO ITS PARENT ORGANIZATION AND RESUME REGULAR DUTIES. THE ORDERS WERE DESIGNATED "GROUP TRAVEL ORDERS" EXCEPT FOR PERSONNEL INVOLVED IN THE PERFORMANCE OF FERRYING AIRCRAFT. WAS STATED FURTHER THAT THE ORDERS INVOLVED A UNIT AWAY FROM ITS PERMANENT DUTY STATIONS UNDER THE PROVISIONS OF PARAGRAPH M4204.5/ACTUALLY M4205.5), ITEM D, JOINT TRAVEL REGULATIONS. THE SQUADRON COMMANDER WAS DIRECTED TO INDICATE BY ENDORSEMENT THE ITINERARY AND PERSONNEL INVOLVED IF SUCH ITINERARY VARIED FROM THAT OF THE MAIN GROUP. ALSO, HE WAS TO INDICATE PERSONNEL INVOLVED IN FERRYING AIRCRAFT.

THE ORDERS OF MARCH 23, 1966, WERE AMENDED RETROACTIVELY MAY 16, 1966, TO DIRECT SELECTED OFFICERS FERRYING AIRCRAFT TO VISIT SUCH OTHER PLACES AS MIGHT BE REQUIRED TO FULFIL TRAINING REQUIREMENTS. A LISTING OF THOSE PLACES WAS INCLUDED IN AN ENDORSEMENT TO THE ORDERS.

THE ORDERS DESIGNATED YOU AS BEING INVOLVED IN THE PERFORMANCE OF FERRYING AIRCRAFT, SO THAT DURING THE PERIODS OF ACTUAL TRAVEL YOU WERE NOT IN A GROUP TRAVEL STATUS. YOUR ITINERARY INDICATES THAT AT 1300, MARCH 27, 1966, YOU DEPARTED BY GOVERNMENT AIR FROM MCAS, EL TORO, SANTA ANA, CALIFORNIA, AND ARRIVED AT NAAS, FALLON, NEVADA, AT 1600 THAT DAY. YOU REMAINED AT THAT TEMPORARY DUTY STATION UNTIL APRIL 7, 1966. THE ITINERARY SHOWS FURTHER THAT AT 1300, APRIL 7, 1966, YOU DEPARTED BY GOVERNMENT AIR, ARRIVING AT 1700 THAT DAY AT DAVIS-MONTHAN AIR FORCE BASE, ARIZONA. YOU REMAINED OVERNIGHT AT THAT STATION AND AT 0900, APRIL 8, 1966, YOU DEPARTED BY GOVERNMENT AIR, ARRIVING AT YOUR DUTY STATION AT 1700 THAT DAY. GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE AT NAAS, FALLON, NEVADA. GOVERNMENT QUARTERS WERE ALSO AVAILABLE AT DAVIS -MONTHAN AIR FORCE BASE, BUT ONLY AN OFFICERS' MESS WAS AVAILABLE AT THAT STATION. IT APPEARS THAT YOU PAID A SERVICE CHARGE OF $2 FOR QUARTERS WHILE AT DAVIS-MONTHAN AIR FORCE BASE.

OUR CLAIMS DIVISION ALLOWED YOUR CLAIM FOR PER DIEM IN THE AMOUNT OF $45 IN ITS SETTLEMENT DATED DECEMBER 7, 1966. YOUR OBJECTION TO THE AMOUNT ALLOWED IS BASED ON YOUR CONTENTION THAT SOME OF THE OTHER OFFICERS IN THE DEPLOYMENT MOVEMENT WERE PAID A GREATER PER DIEM FOR SIMILAR TRAVEL. YOU THEREFORE REQUEST A REVIEW OF THE SETTLEMENT TO DETERMINE WHETHER AN ERROR WAS MADE.

PARAGRAPH M4205-2, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE PROVISIONS OF 37 U.S.C. 404, PROVIDES IN PERTINENT PART THAT FOR FRACTIONAL PARTS OF A DAY, ON DAYS OF DEPARTURE FROM, ARRIVAL AT, OR RETURN TO A PERMANENT DUTY STATION IN CONNECTION WITH A TRAVEL STATUS, ONE -FOURTH OF THE AUTHORIZED PER DIEM (AS LISTED IN SUBPARAGRAPH 5) WILL BE ALLOWED FOR EACH QUARTER OF THE CALENDAR DAY OR FRACTION THEREOF DURING WHICH A TRAVEL STATUS EXISTS. PARAGRAPH M4205-5, TABLE OF PER DIEM RATES WITHIN THE UNITED STATES, ITEM A, PROVIDES THAT FOR TRAVEL BY ALL MODES OF TRANSPORTATION (WITH SPECIFIED EXCEPTIONS), OFFICERS WILL BE ENTITLED TO $16 PER DAY. HOWEVER, TABLE ITEM B/2) PROVIDES THAT FOR DAY OF ARRIVAL AT A POINT OF TEMPORARY DUTY OR DELAY, WHERE GOVERNMENT QUARTERS ARE AVAILABLE, THE RATE OF PER DIEM IS $8.

PARAGRAPH M4205-5, TABLE ITEM D, JOINT TRAVEL REGULATIONS, PROVIDES THAT AN OFFICER IS ENTITLED TO PER DIEM AT THE RATE OF $1 FOR PERIODS OF TEMPORARY DUTY PERFORMED WITH HIS UNIT, OR A DETACHMENT THEREOF, WHEN THAT UNIT OR DETACHMENT IS ORDERED BY NAME OR NUMBER AWAY FROM ITS PERMANENT STATION UNDER CONDITIONS WHERE GOVERNMENT QUARTERS ARE AVAILABLE WITHOUT CHARGE AND GOVERNMENT MESS IS AVAILABLE. FOOTNOTEQ, APPLICABLE TO THAT ITEM, AUTHORIZES AN INCREASE OF THE $1 ALLOWANCE BY THE EXCESS, IF ANY, OF THE DAILY COST OF FOOD IN THE GOVERNMENT MESS OVER ONE-THIRTIETH OF THE MONTHLY BASIC ALLOWANCE FOR SUBSISTENCE. FOOTNOTE Z PROVIDES THAT THE PER DIEM ALLOWANCES WILL BE INCREASED BY THE DAILY COST INCURRED FOR USE OF GOVERNMENT QUARTERS, WHICH SHALL NOT EXCEED $2. INCIDENT TO FOOTNOTE Q REFERRED TO ABOVE, HEADQUARTERS, MARINE CORPS, HAS INFORMALLY ADVISED OUR OFFICE THAT SUCH DAILY INCREASE FOR SUBSISTENCE WAS DETERMINED TO BE $ .90.

DURING THE PERIODS YOU WERE IN AN ACTUAL TRAVEL STATUS, YOU WERE ENTITLED TO PER DIEM FOR SUCH TRAVEL COMPUTED ON A FRACTIONAL DAY BASIS, AT $8 PER DAY FOR DAY OF ARRIVAL AT NAAS, FALLON, NEVADA, OR $4 FOR ONE-HALF DAY, AND AT $16 FOR DAY OF RETURN TO YOUR DUTY STATION OR $12 FOR THREE-FOURTHS OF A DAY. YOU WERE ALSO ENTITLED TO A PER DIEM AT $8 FOR DAY OF TRAVEL FROM NAAS, FALLON, TO DAVIS' MONTHAN AIR FORCE BASE, ARIZONA, INCREASED BY A $2 SERVICE CHARGE FOR QUARTERS AT THE LATTER STATION. SINCE BOTH GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE DURING THE 10- DAY TEMPORARY ADDITIONAL DUTY AT NAAS, FALLON, AND SINCE THAT DUTY WAS WITHIN THE SCOPE OF PARAGRAPH M4205-5, TABLE ITEM R, JOINT TRAVEL REGULATIONS, YOU WERE ONLY ENTITLED TO A DAILY PER DIEM OF $1, PLUS A DAILY FOOD COST INCREASE OF $ .90, AS ADMINISTRATIVELY DETERMINED OR $19 FOR THAT PERIOD, MAKING A TOTAL DUE OF $45 WHICH YOU WERE ALLOWED.

INASMUCH AS THE ORDERS OF MARCH 23, 1966, AS AMENDED, RECOGNIZED THAT THE ITINERARY OF SOME PERSONNEL WOULD VARY FROM THAT OF THE MAIN GROUP, IT WOULD APPEAR THAT ANY PAYMENT OF LESSER OR GREATER AMOUNTS OF A PER DIEM TO OTHER OFFICERS INVOLVED IN THE DEPLOYMENT MOVEMENT WAS BASED ON THE PARTICULAR ITINERARY PRESENTED. ACCORDINGLY, THE $45 PAYMENT ALLOWED BY SETTLEMENT DATED DECEMBER 7, 1966, WAS CORRECTLY COMPUTED AND THE SETTLEMENT IS SUSTAINED.