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B-169490, JUN. 15, 1970

B-169490 Jun 15, 1970
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THIS ACTION WAS TAKEN BECAUSE MR. WELLS WAS ON TEMPORARY DUTY WITH THE 34TH GENERAL SUPPORT GROUP AT SAIGON. FIELD UNIFORMS WILL BE REQUIRED. REIMBURSEMENT FOR EXPENSES INCIDENT TO PURCHASE OF FIELD UNIFORMS WILL BE IAW AMC MSG 47366 DTG 171932Z NOV 66. IF GOVERNMENT QUARTERS ARE NOT AVAILABLE. PER DIEM ALLOWANCES ARE SUBJECT TO REDUCTIONS REQUIRED BY APPLICABLE PROVISIONS OF PARA C8101-3. PROVIDES FOR A REDUCED RATE OF PER DIEM IF GOVERNMENT QUARTERS ARE USED AS LODGINGS AT TEMPORARY DUTY POINTS OUTSIDE THE CONTINENTAL UNITED STATES. WHEN ADEQUATE GOVERNMENT QUARTERS ARE AVAILABLE. EMPLOYEES PERFORMING TEMPORARY DUTY AT AN ACTIVITY WILL BE ENCOURAGED BY THEIR SUPERVISORS TO USE SUCH QUARTERS.

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B-169490, JUN. 15, 1970

TO MR. THOMAS MCIVER:

WE REFER TO YOUR LETTER OF MARCH 23, 1970, AND ENCLOSURES, REFERENCE AMXSH-KF-P, INCLUDING MR. JACK E. WELLS' LETTER OF MARCH 19, 1970, WHICH, AMONG OTHER MATTERS, CONCERN THE COLLECTION ACTION TAKEN BY YOUR OFFICE ON DECEMBER 8, 1969, TO RECOVER $596 FROM MR. WELLS REPRESENTING PER DIEM IN LIEU OF SUBSISTENCE EXPENSES PAID TO HIM FOR PART OF THE PERIOD OCTOBER 31, 1968, TO MARCH 22, 1969, WHILE ON TEMPORARY DUTY IN VIETNAM. THIS ACTION WAS TAKEN BECAUSE MR. WELLS DID NOT FURNISH PROPER CERTIFICATES OF NONAVAILABILITY OF GOVERNMENT QUARTERS.

DURING THAT PERIOD MR. WELLS WAS ON TEMPORARY DUTY WITH THE 34TH GENERAL SUPPORT GROUP AT SAIGON, VIETNAM, UNDER TRAVEL ORDER NO. 779/CY68 DATED OCTOBER 24, 1968, WHICH PROVIDED IN PART AS FOLLOWS:

"4. FIELD UNIFORMS WILL BE REQUIRED. REIMBURSEMENT FOR EXPENSES INCIDENT TO PURCHASE OF FIELD UNIFORMS WILL BE IAW AMC MSG 47366 DTG 171932Z NOV 66. AUTH GRANTED TO PURCHASE UNIFORM ITEMS FROM POST EXCHANGE AND MILITARY SALES STORES.

"11. BY ORDER OF THE SECRETARY OF THE ARMY 23 JULY 1968, EXIGENCIES OF THE SERVICE REQUIRE OCCUPANCY OF AVAILABLE GOVERNMENT QUARTERS TO FACILITATE ACCOMPLISHMENT OF USARV MISSION, TO PROVIDE FOR ESSENTIAL SECURITY OF CIVILIAN EMPLOYEES, AND TO INSURE AVAILABILITY TO ACCOMPLISH THEIR TDY MISSION. IF GOVERNMENT QUARTERS ARE NOT AVAILABLE, CERTIFICATES OF NON-AVAILABILITY MUST BE FILED WITH TRAVEL VOUCHERS SUBMITTED FOR PAYMENT. FOR ALL EMPLOYEES REQUIRED TO OCCUPY AVAILABLE GOVERNMENT QUARTERS, PER DIEM ALLOWANCES ARE SUBJECT TO REDUCTIONS REQUIRED BY APPLICABLE PROVISIONS OF PARA C8101-3, JTR, VOL II."

PARAGRAPH C 8101-3D, JOINT TRAVEL REGULATIONS, PROVIDES FOR A REDUCED RATE OF PER DIEM IF GOVERNMENT QUARTERS ARE USED AS LODGINGS AT TEMPORARY DUTY POINTS OUTSIDE THE CONTINENTAL UNITED STATES. PARAGRAPH C 1057 (CHANGE 32, FEBRUARY 1, 1968), PROVIDES IN PART AS FOLLOWS:

"C 1057 USE OF GOVERNMENT QUARTERS

"1. PRACTICABLE USE OF AVAILABLE QUARTERS. WHEN ADEQUATE GOVERNMENT QUARTERS ARE AVAILABLE, AND THEIR USE WOULD NOT BE IMPRACTICABLE OR INTERFERE WITH THE ACCOMPLISHMENT OF THE PURPOSE OF A MISSION, EMPLOYEES PERFORMING TEMPORARY DUTY AT AN ACTIVITY WILL BE ENCOURAGED BY THEIR SUPERVISORS TO USE SUCH QUARTERS. EXCEPT AS PROVIDED IN SUBPARS. 2 AND 3, MANDATORY USE OF GOVERNMENT QUARTERS WHILE IN A TEMPORARY DUTY STATUS WILL NOT BE REQUIRED, NOR WILL PER DIEM ALLOWANCES BE SUBJECT TO REDUCTION ON THE BASIS OF AVAILABILITY ALONE OF SUCH QUARTERS. CERTIFICATES OF NONAVAILABILITY OF GOVERNMENT QUARTERS ARE NOT NECESSARY AND WILL NOT BE REQUIRED.

"3. SPECIAL PROJECTS AND MISSIONS. EMPLOYEES ASSIGNED TO SPECIAL PROJECTS OR MISSIONS MAY BE REQUIRED TO OCCUPY AVAILABLE GOVERNMENT QUARTERS WHEN A DETERMINATION IS MADE BY THE SECRETARY OF A SEPARATE MILITARY DEPARTMENT OR THE HEAD OF AN AGENCY OF THE DEPARTMENT OF DEFENSE THAT THE EXIGENCIES OF THE SERVICE REQUIRE OCCUPANCY OF SUCH QUARTERS TO ASSURE ACCOMPLISHMENT OF THE PROJECT OR MISSION. TRAVEL ORDERS WILL INCLUDE CITATION OF THE DETERMINATION AND APPLICABLE CONDITIONS AND LIMITATIONS."

THE REGULATIONS ALSO CONTEMPLATE A REDUCTION IN THE PER DIEM WHEN GOVERNMENT QUARTERS ARE NOT USED IF A DETERMINATION HAS BEEN MADE THAT SUCH USE IS NECESSARY, SIMILAR TO "3" ABOVE. THE TRAVEL ORDERS OF THE EMPLOYEE INDICATE THAT SUCH A DETERMINATION HAD BEEN MADE BY THE SECRETARY OF THE ARMY.

THE ENCLOSURES WITH YOUR LETTER SHOW THAT UPON MR. WELLS' ARRIVAL IN SAIGON ON NOVEMBER 1, 1968, THE PERSONNEL OFFICER OF THE 34TH SUPPORT GROUP TOOK MR. WELLS TO THE GEMINI 11 HOTEL AND REQUESTED HIM TO REMAIN IN SUCH NON-GOVERNMENT QUARTERS ON A DAY-TO-DAY BASIS. DURING THE DAYS DECEMBER 1 TO 5 IT SEEMS THAT THE 34TH SUPPORT GROUP ADMINISTRATIVE OFFICER BILLETED MR. WELLS AT ANOTHER HOTEL, WHICH OCCURRED BETWEEN TWO PERIODS OF DUTY AT DA NANG, NOVEMBER 17 TO 30, AND DECEMBER 6, 1968, TO JANUARY 23, 1969, DURING WHICH HE USED GOVERNMENT QUARTERS AWAY FROM SAIGON. FROM JANUARY 23 TO MARCH 21, 1969, HE STAYED IN HOTEL ACCOMMODATIONS IN DOWNTOWN SAIGON AS ON REPEATED OCCASIONS HE HAD BEEN TOLD THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE. ON TWO OCCASIONS THE 34TH SUPPORT GROUP DID ISSUE WRITTEN STATEMENTS TO THAT EFFECT.

BECAUSE SUCH ADVISORY STATEMENTS LACKED SPECIFIC DATES OF THE PERIODS) COVERED, YOUR OFFICE FELT THEY COULD NOT BE USED IN SUPPORT OF PAYMENT OF THE FULL PER DIEM RATE FOR THAT AREA. THE RECORD SHOWS THAT DETAILED VERIFICATION OF NONAVAILABILITY OF GOVERNMENT QUARTERS HAS REPEATEDLY BEEN SOUGHT FOR THE DIFFERENT PERIODS. HEADQUARTERS OF THE AREA COMMAND DID FURNISH CERTIFICATES FOR THE PERIODS FROM JANUARY 23 TO JANUARY 27, 1969, AND FROM JANUARY 27, 1969, TO FEBRUARY 27, 1969. ON FEBRUARY 27, 1969, THE BILLETING OFFICER OF 34TH GENERAL SUPPORT GROUP CERTIFIED THAT MR. WELLS (AND OTHERS NAMED THEREIN) COULD NOT BE BILLETED AT THE GROUP'S BOQ DUE TO LACK OF ADEQUATE FACILITIES. THE LATTER CERTIFICATE APPARENTLY COVERS THE REMAINDER OF MR. WELLS' TEMPORARY DUTY IN SAIGON.

THE FOREGOING TOGETHER WITH OTHER EVIDENCE IN THE FILE RELATING TO GOVERNMENT QUARTERS DOES NOT INDICATE THAT THE LACK OF CERTIFICATIONS FOR EACH AND EVERY DAY DURING THE TEMPORARY DUTY PERIOD OCCURRED THROUGH FAULT OF MR. WELLS. THE RECORD SHOWS THAT GOVERNMENT QUARTERS REASONABLY WERE NOT MADE AVAILABLE FOR EVERY DAY. AS YOU SUGGEST, TECHNICAL ADMINISTRATIVE POLICIES AS TO TYPE OF CERTIFICATE ARE NOT ALWAYS ADHERED TO IN COMBAT SITUATIONS. WE CONCUR IN YOUR OPINION THAT MR. WELLS APPEARS TO BE ENTITLED TO THE REGULAR RATE OF PER DIEM AS CLAIMED FOR THE SAIGON AREA. THEREFORE, THE INDEBTEDNESS SHOULD BE CANCELED AND A REFUND MADE TO MR. WELLS OF THE AMOUNTS DEDUCTED FROM HIS PAY IN PARTIAL LIQUIDATION THEREOF.

REGARDING MR. WELLS' CLAIM OF $75 AS REPRESENTING COST OF THE TAXIS HE NECESSARILY USED IN GOING TO AND FROM WORK SITES IN THE SAIGON AREA, ON THE BASIS OF THE REPORTED INADEQUATE PUBLIC BUS SERVICE AND YOUR RECOMMENDATION, THE CLAIMED AMOUNT OF $3 FOR EACH ROUND TRIP MAY BE REIMBURSED TO THE EXTENT OF SUCH ITEMS SHOWN ON A PROPER VOUCHER PRESENTED BY HIM AND APPROVED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 3.4A OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. ALSO SEE PARAGRAPHS C 6101-2 AND C 9002, JTR.

AS TO MR. WELLS' STATEMENT CONCERNING UNIFORMS PURCHASED IN FEBRUARY 1968 WHICH HE SAYS "WERE TAKEN AWAY FROM ME BY CUSTOMS OFFICIALS," OFFICIAL VERIFICATION THEREOF SHOULD SHOW SUCH ACTION WAS NOT BECAUSE OF FAULT OF MR. WELLS BUT LARGELY WAS BECAUSE OF GOVERNMENTAL RESTRICTION. IN THAT EVENT WE WOULD NOT OBJECT TO PAYMENT OF THE ADDITIONAL ALLOWANCE.

WITH RESPECT TO THE $8 CLAIMED BY MR. WELLS FOR PURCHASE OF NAME TAGS, NOT MENTIONED IN YOUR LETTER (BUT STATED TO HAVE BEEN DENIED BY SHARPE ARMY DEPOT), WE DO NOT HAVE SUFFICIENT INFORMATION TO MAKE A DETERMINATION AS TO WHETHER REIMBURSEMENT IS PROPER. IT MAY BE THAT SUCH ITEM IS A PART OF THE UNIFORM ALLOWANCE AND THUS NOT REIMBURSABLE AS A SEPARATE ITEM.

A CURRENT VOUCHER SHOULD HAVE BEEN SUBMITTED WITH YOUR LETTER CONCERNING THE CLAIM FOR TAXI, NAME TAGS AND SECOND UNIFORM COSTS. SEE AR 37-103, CHAPTER 11, PARAGRAPH 11-3, ITEM 5.

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