B-168087, NOV. 21, 1969

B-168087: Nov 21, 1969

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FAILURE TO ISSUE HOSPITAL CORPSMAN WHO PERFORMED TEMPORARY DUTY IN VIETNAM IS NOT ENTITLED TO PER DIEM SINCE REVIEW OF ALL RELEVANT RECORDS FAILED TO REVEAL ANY ORDERS AUTHORIZING HELICOPTER SQUADRON TO VIETNAM ALTHOUGH SQUADRON WAS DEPLOYED THERE FROM OCT. 2. PROVIDES NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED AND PAR. IN ABSENCE OF ANY EVIDENCE THAT ORDERS WERE ISSUED DIRECTING TEMPORARY DUTY IN VIETNAM. THERE IS NO BASIS UPON WHICH CLAIM MAY BE ALLOWED. BALTZER: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 23. YOU WERE ASSIGNED TO MARINE AIRCRAFT GROUP 16. THE FILE SHOWS FURTHER THAT YOU WERE AWARDED AN ARMED FORCES EXPEDITIONARY AIR MEDAL FOR MERITORIOUS SERVICE IN VIETNAM FROM NOVEMBER 3 TO DECEMBER 13.

B-168087, NOV. 21, 1969

SUBSISTENCE--PER DIEM--COMPETENT TRAVEL ORDERS--FAILURE TO ISSUE HOSPITAL CORPSMAN WHO PERFORMED TEMPORARY DUTY IN VIETNAM IS NOT ENTITLED TO PER DIEM SINCE REVIEW OF ALL RELEVANT RECORDS FAILED TO REVEAL ANY ORDERS AUTHORIZING HELICOPTER SQUADRON TO VIETNAM ALTHOUGH SQUADRON WAS DEPLOYED THERE FROM OCT. 2, 1963 THROUGH JAN. 31, 1964 AND SINCE PAR. M3000-1, JOINT TRAVEL REGULATIONS, PROVIDES NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED AND PAR. M3001 DEFINES COMPETENT TRAVEL ORDERS AS WRITTEN INSTRUMENT ISSUED BY PROPER AUTHORITY DIRECTING MEMBER OR GROUP OF MEMBERS TO TRAVEL BETWEEN DESIGNATED POINTS, IN ABSENCE OF ANY EVIDENCE THAT ORDERS WERE ISSUED DIRECTING TEMPORARY DUTY IN VIETNAM, THERE IS NO BASIS UPON WHICH CLAIM MAY BE ALLOWED.

TO MR. WILLIAM V. BALTZER:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 23, 1969, REQUESTING RECONSIDERATION OF CLAIMS DIVISION SETTLEMENT DATED AUGUST 26, 1969, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM AT $1, WHILE SERVING IN VIETNAM AS HOSPITAL CORPSMAN THIRD CLASS, USN, DURING THE PERIOD FROM SEPTEMBER 30, 1963, TO FEBRUARY 1, 1964.

THE RECORD SHOWS THAT PURSUANT TO ORDERS OF APRIL 2, 1963, AS AMENDED, YOU WERE ASSIGNED TO MARINE AIRCRAFT GROUP 16, FIRST MARINE AIRCRAFT WING, AIRFMFPAC, FOR DUTY. A REPORT OF JUNE 22, 1963, STATES THAT YOU COMMENCED ON CONTINUOUS SEA TOUR ON JUNE 19, 1963, AND THE COMPLETION DATE OF YOUR TOUR WITH THE FIRST MARINE CORPS AIRCRAFT WING WOULD BE IN JULY 1964. THE FILE SHOWS FURTHER THAT YOU WERE AWARDED AN ARMED FORCES EXPEDITIONARY AIR MEDAL FOR MERITORIOUS SERVICE IN VIETNAM FROM NOVEMBER 3 TO DECEMBER 13, 1963, AND THAT THE NAVY UNIT COMMENDATION WAS AWARDED TO YOUR UNIT, THE MARINE MEDIUM HELICOPTER SQUADRON 361, SQUADRON GROUP 16, MARINE TASK ELEMENT 79.3.3.6, FOR MERITORIOUS SERVICE IN VIETNAM DURING THE PERIOD FROM OCTOBER 1, 1963, TO JANUARY 31, 1964.

THE FILE CONTAINS A COPY OF YOUR LETTER DATED JUNE 23, 1966, IN WHICH YOU CLAIMED PER DIEM AT $1 FOR THE PERIOD WHILE ON YOUR TOUR OF DUTY IN VIETNAM FROM SEPTEMBER 30, 1963, THROUGH FEBRUARY 1, 1964. YOU STATED THAT YOU FIRST CLAIMED PER DIEM IN 1965 AND RECEIVED NO FURTHER INFORMATION RELATIVE TO THAT CLAIM. AN UNDATED CERTIFICATE SIGNED BY YOU STATES THAT THE ORIGINAL ORDERS DATED SEPTEMBER 30, 1963, HAD BEEN LOST OR DESTROYED AND THAT NO OTHER CLAIM HAS BEEN OR WILL BE SUBMITTED.

IN RESPONSE TO A REQUEST FROM THE COMPTROLLER OF THE NAVY FOR ANY TEMPORARY ADDITIONAL TRAVEL ORDERS ISSUED IN THE CASE, THE COMMANDING GENERAL, FIRST MARINE AIRCRAFT WING, REPORTED IN A LETTER DATED MARCH 4, 1969, THAT A REVIEW OF ALL RELEVANT RECORDS FAILED TO REVEAL ANY ORDERS AUTHORIZING THE DEPLOYMENT OF MARINE MEDIUM HELICOPTER SQUADRON 361 (HMM- 361) TO VIETNAM, ALTHOUGH THE SQUADRON WAS DEPLOYED THERE FROM OCTOBER 2, 1963, THROUGH JANUARY 31, 1964. THE COMMANDANT OF THE MARINE CORPS REPORTED IN LETTERS DATED MARCH 24 AND APRIL 23, 1969, THAT HMM 361 WAS PERMANENTLY STATIONED AT MARINE CORPS AIR FIELD, SANTA ANA, CALIFORNIA, UNTIL SEPTEMBER 1963. THE UNIT THEN RELOCATED TO CUBI POINT, PHILIPPINE ISLANDS. ON OCTOBER 1, 1963, THE UNIT REPORTED IN SOUTH VIETNAM AND WAS DEPLOYED THERE UNTIL FEBRUARY 1964, WHEN IT MOVED TO OKINAWA.

YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED AUGUST 26, 1969, FOR THE REASONS STATED. IN YOUR LETTER OF SEPTEMBER 23, 1969, YOU CONTEND THAT OTHER HOSPITAL CORPSMEN WERE PAID $1 PER DIEM FOR THE PERIOD THEY WERE IN VIETNAM AND IT IS FOR THAT REASON THAT YOU CLAIM PER DIEM FOR YOUR SERVICE THERE.

SECTION 404 OF TITLE 37, U.S. CODE, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER ORDERS. PARAGRAPH M3000-1, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT THERETO, PROVIDES THAT NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED THEREFOR. PARAGRAPH M3001 DEFINES A COMPETENT TRAVEL ORDER IN PERTINENT PART AS WRITTEN INSTRUMENT ISSUED BY PROPER AUTHORITY, DIRECTING A MEMBER OR A GROUP OF MEMBERS TO TRAVEL BETWEEN DESIGNATED POINTS.

PARAGRAPH M3003 OF THE REGULATIONS, RELATING TO THE TYPES OF TRAVEL ORDERS, INCLUDES PERMANENT CHANGE-OF-STATION ORDERS AND TEMPORARY DUTY (INCLUDING TEMPORARY ADDITIONAL DUTY) ORDERS WITHIN THE TYPES OF ORDERS ISSUED DIRECTING THE PERFORMANCE OF DUTY WHILE IN A TRAVEL STATUS. DEFINES A PERMANENT CHANGE OF STATION AS INVOLVING THE ASSIGNMENT OF A MEMBER FROM ONE PERMANENT STATION TO ANOTHER, AND TEMPORARY DUTY (WHICH INCLUDES TEMPORARY ADDITIONAL DUTY) AS DUTY AT A LOCATION OTHER THAN THE PERMANENT STATION, AT WHICH A MEMBER PERFORMS TEMPORARY DUTY UNDER ORDERS PROVIDING FOR FURTHER ASSIGNMENT, OR PENDING FURTHER ASSIGNMENT, TO A NEW PERMANENT STATION OR RETURN TO HIS OLD STATION UPON COMPLETION OF SUCH DUTY.

THE RIGHT OF MILITARY PERSONNEL TO REIMBURSEMENT OF TRAVELING EXPENSES AND THE EXTENT OF SUCH REIMBURSEMENT IS DEPENDENT UPON THE PERFORMANCE OF OFFICIAL TRAVEL AND TEMPORARY DUTY DIRECTED BY COMPETENT ORDERS. COMPETENT ORDERS AS REQUIRED BY THE APPLICABLE REGULATIONS ARE NOT ISSUED, THERE IS NO BASIS FOR REIMBURSEMENT OF EXPENSES OF TRAVEL OR TEMPORARY DUTY. B-137930, DECEMBER 31, 1958; B-139689, JUNE 18, 1959, AND B-144850, MARCH 21, 1961, COPIES ENCLOSED.

WHILE IT MAY BE THAT THE UNIT TO WHICH YOU WERE ATTACHED DURING THE PERIOD OF YOUR CLAIM WAS DEPLOYED IN VIETNAM, A SEARCH OF THE PERTINENT ADMINISTRATIVE RECORDS FAILED TO LOCATE ANY ORDERS FOR SUCH DEPLOYMENT. AND, IT MAY BE THAT TEMPORARY DUTY ORDERS WERE NOT ISSUED BECAUSE THE DEPLOYMENT WAS NOT CONSIDERED TO BE A TEMPORARY DUTY ASSIGNMENT. ACCORDINGLY, IN THE ABSENCE OF ANY EVIDENCE THAT ORDERS WERE ISSUED DIRECTING THE DEPLOYMENT OF MARINE MEDIUM HELICOPTER SQUADRON 361 (HMM- 361) ON TEMPORARY DUTY OR TEMPORARY ADDITIONAL DUTY DURING THE PERIOD FROM OCTOBER 1, 1963, THROUGH JANUARY 31, 1964, THERE IS NO BASIS UPON WHICH YOUR CLAIM MAY BE ALLOWED.

ACCORDINGLY, ON THE PRESENT RECORD THE SETTLEMENT DATED AUGUST 26, 1969, IS SUSTAINED.