B-173943, JUL 27, 1972

B-173943: Jul 27, 1972

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SINCE THE SPECIAL ORDERS AUTHORIZING THE MOVE PROVIDED THAT THIS WAS A "UNIT MOVE. STOTTLEMYER: FURTHER REFERENCE IS MADE TO YOUR REQUEST FOR RECONSIDERATION OF THE SETTLEMENT OF JULY 15. WE HAVE ALSO RECEIVED YOUR LETTER DATED JULY 5. YOU WERE PAID PER DIEM IN ACCORDANCE WITH PARAGRAPH M4205-5D OF THE JOINT TRAVEL REGULATIONS (JTR) WHICH IS APPLICABLE TO A UNIT MOVE. IT IS YOUR CONTENTION THAT SINCE YOUR ENTIRE UNIT DID NOT MOVE UNDER THE ORDER THAT PARAGRAPH OF THE REGULATIONS IS NOT APPLICABLE. THAT YOU ARE ENTITLED TO PER DIEM FOR TRAVEL AS AN INDIVIDUAL. WERE ORDERED TO PERFORM TEMPORARY DUTY AT ROMULUS. THE ORDER SPECIFICALLY STATED THAT THE PURPOSE OF THE TEMPORARY DUTY WAS "OPERATIONAL DEPLOYMENT.

B-173943, JUL 27, 1972

MILITARY PERSONNEL - TEMPORARY DUTY - UNIT MOVE - PER DIEM DENIAL OF REQUEST BY CPT. KEITH D. STOTTLEMYER, USAF, FOR RECONSIDERATION OF A PRIOR SETTLEMENT WHICH DENIED HIS CLAIM FOR ADDITIONAL PER DIEM FOR TEMPORARY DUTY, TO BE PAID AT THE INDIVIDUAL RATE RATHER THAN THE UNIT MOVEMENT RATE. SINCE THE SPECIAL ORDERS AUTHORIZING THE MOVE PROVIDED THAT THIS WAS A "UNIT MOVE," PARAGRAPH M4205-5D, JTR, GOVERNS THE PAYMENT OF PER DIEM FOR THE TEMPORARY DUTY PERIOD. FURTHER, THE REGULATIONS DO NOT ESTABLISH ANY MINIMUM LIMITATION ON THE SIZE OF THE UNIT WHICH MAY BE SO DETACHED FOR TEMPORARY DUTY.

TO CAPTAIN KEITH D. STOTTLEMYER:

FURTHER REFERENCE IS MADE TO YOUR REQUEST FOR RECONSIDERATION OF THE SETTLEMENT OF JULY 15, 1971, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM FOR TEMPORARY DUTY PERFORMED IN ACCORDANCE WITH SPECIAL ORDERS T- 754, HEADQUARTERS, 1 COMBT EVALUATION GROUP (SAC), BARKSDALE AIR FORCE BASE, LOUISIANA, DATED APRIL 2, 1970. WE HAVE ALSO RECEIVED YOUR LETTER DATED JULY 5, 1972.

YOU WERE PAID PER DIEM IN ACCORDANCE WITH PARAGRAPH M4205-5D OF THE JOINT TRAVEL REGULATIONS (JTR) WHICH IS APPLICABLE TO A UNIT MOVE. IT IS YOUR CONTENTION THAT SINCE YOUR ENTIRE UNIT DID NOT MOVE UNDER THE ORDER THAT PARAGRAPH OF THE REGULATIONS IS NOT APPLICABLE, AND THAT YOU ARE ENTITLED TO PER DIEM FOR TRAVEL AS AN INDIVIDUAL.

THE RECORD SHOWS THAT BY SPECIAL ORDERS T-754, YOU AND 20 OTHER MEMBERS OF THE 1 COMBAT EVALUATION GROUP (SAC), BARKSDALE AIR FORCE BASE, ALABAMA, WERE ORDERED TO PERFORM TEMPORARY DUTY AT ROMULUS, NEW YORK. ALTHOUGH THE ORDER DID NOT ORDER THE UNIT TO TEMPORARY DUTY BY NAME AND NUMBER, THE ORDER SPECIFICALLY STATED THAT THE PURPOSE OF THE TEMPORARY DUTY WAS "OPERATIONAL DEPLOYMENT. THIS IS A UNIT MOVE. PARAGRAPH 4205-5D, JTR AND SECTION E, CHAPTER 4, PART TWO, AFM 177 103."

PARAGRAPH M4205-5 OF THE JOINT TRAVEL REGULATIONS IN EFFECT DURING APRIL 1970 PROVIDED THE RATES OF PER DIEM AUTHORIZED FOR TRAVEL AND TEMPORARY DUTY. TABLE ITEM D PROVIDED THE RATE FOR OFFICERS AS FOLLOWS:

"FOR PERIODS OF TEMPORARY DUTY PERFORMED BY A MEMBER WITH HIS UNIT, OR A DETACHMENT THEREOF, WHEN THE UNIT OR DETACHMENT IS ORDERED BY NAME AND NUMBER AWAY FROM ITS PERMANENT STATION UNDER CONDITIONS WHEN GOVERNMENT QUARTERS ARE AVAILABLE WITHOUT CHARGE AND GOVERNMENT MESS IS AVAILABLE. $2.00" (FOOTNOTES OMITTED)

UNDER FOOTNOTE Q THE RATE IN YOUR CASE WAS INCREASED TO $3 PER DAY AS EXPLAINED IN THE SETTLEMENT.

AIR FORCE MANUAL 177-103, PART 2, CHAPTER 4, SECTION E, ENTITLED "TDY WITH UNITS OR DETACHMENTS" REFERS TO PARAGRAPH M4205-5D OF THE JTR AND IS APPLICABLE FOR TEMPORARY DUTY PERFORMED BY A MEMBER WITH HIS UNIT OR DETACHMENT FOR OPERATIONAL AND TACTICAL DEPLOYMENTS. SPECIAL ORDERS T 754 SPECIFICALLY STATED THAT THE PURPOSE OF THE TEMPORARY DUTY WAS OPERATIONAL DEPLOYMENT AND THAT IT WAS A UNIT MOVE.

PARAGRAPH M1150-18 OF THE JTR IN EFFECT IN APRIL 1970 DEFINED "DETACHMENT" TO INCLUDE A PART OF A UNIT SEPARATED FROM ITS MAIN ORGANIZATION FOR DUTY ELSEWHERE.

A UNIT IS DEFINED IN PARAGRAPH M1150-19 AS ANY MILITARY ELEMENT WHOSE STRUCTURE IS PRESCRIBED BY COMPETENT AUTHORITY, SUCH AS A TABLE OF ORGANIZATION AND EQUIPMENT.

IT IS OUR VIEW THAT WHEN A UNIT OR DETACHMENT IS ORDERED TO TEMPORARY DUTY AWAY FROM ITS PERMANENT DUTY STATION, AN ORDER ISSUED WITHIN THE CONTEMPLATION OF PARAGRAPH M4205-5D, OF THE REGULATIONS BUT OMITTING THE NAME OF THE UNIT OR DETACHMENT, AND, INSTEAD, SHOWING THE NAMES OF THE INDIVIDUAL MEMBERS OF THE UNIT OR DETACHMENT MEETS THE REQUIREMENTS OF THE REGULATIONS.

IT THEREFORE APPEARS THAT SINCE SPECIAL ORDERS T-754 PROVIDED FOR THE DUTY AS A UNIT MOVE AND AS THE MEMBERS LISTED IN THE ORDER WERE TO PERFORM THE TEMPORARY DUTY AS A UNIT, PARAGRAPH M4205-5D IS APPLICABLE FOR THE PAYMENT OF PER DIEM FOR YOUR PERIOD OF TEMPORARY DUTY. THE FACT THAT THE ENTIRE 1 COMBAT EVALUATION GROUP (SAC) WAS NOT ORDERED TO TEMPORARY DUTY HAS NO EFFECT UPON THE APPLICATION OF PARAGRAPH M4205-5D SINCE THERE NEED BE NO MINIMUM LIMITATION TO THE SIZE OF A UNIT OR DETACHMENT ORDERED TO TEMPORARY DUTY AWAY FROM THE PARENT ORGANIZATION. SEE B-153080, JANUARY 30, 1964, COPY ENCLOSED.

ACCORDINGLY, THE SETTLEMENT OF JULY 15, 1971, IS SUSTAINED.