B-146682, AUG. 30, 1961

B-146682: Aug 30, 1961

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UNLESS A LOWER RATE ADMINISTRATIVELY PRESCRIBED FOR A SPECIFIC LOCATION IS APPLICABLE. ARE AUTHORIZED OUTSIDE THE CONTINENTAL UNITED STATES. A $6 PER DIEM RATE IS AUTHORIZED DURING A PERIOD OF 6 HOURS OR MORE. THE PER DIEM RATE OF $14 SPECIFIED FOR TRAVEL IN JAPAN ON YOUR TRAVEL ORDER IS SUBJECT TO THE ABOVE PROVISION FOR TRAVEL PERFORMED FROM MISAWA AIR BASE. - TO YOKOHAMA SINCE THAT TRAVEL TOOK MORE THAN 6 HOURS AND SINCE THERE WAS NO STOPOVER OF MORE THAN 6 HOURS ENROUTE. TRAVEL IS INTERRUPTED. OR THERE IS DEVIATION FROM DIRECT ROUTE THAT INCREASES TRAVEL TIME. ENTITLEMENT TO AN APPLICABLE ALLOWANCE STATUS IS LIMITED TO UNINTERRUPTED TRAVEL AND USUAL ROUTING TRAVEL TIME.'. THE DEPARTMENT OF THE AIR FORCE HAS DETERMINED THAT YOU COULD HAVE REACHED YOKOHAMA IN TIME TO MEET YOUR PORT CALL ON MARCH 16.

B-146682, AUG. 30, 1961

TO MR. GRIFFIN SHURBET:

ON AUGUST 1, 1961, YOU REQUESTED REVIEW OF OUR SETTLEMENT OF JULY 21, 1961, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM INCIDENT TO YOUR TRAVEL FROM MISAWA AIR BASE, JAPAN, TO RICHMOND, CALIFORNIA, IN CONNECTION WITH YOUR SEPARATION FROM EMPLOYMENT WITH THE DEPARTMENT OF THE AIR FORCE IN MARCH 1961.

AIR FORCE MANUAL 40-10, CHAPTER 9, PARAGRAPH 20, PROVIDES IN PERTINENT PART:

"20. PER DIEM RATES OUTSIDE THE CONTINENTAL UNITED STATES

"THE PER DIEM RATES ESTABLISHED BY THE BUREAU OF THE BUDGET, UNLESS A LOWER RATE ADMINISTRATIVELY PRESCRIBED FOR A SPECIFIC LOCATION IS APPLICABLE, ARE AUTHORIZED OUTSIDE THE CONTINENTAL UNITED STATES, EXCEPT AS PROVIDED BELOW:

"B. ABOARD AIRCRAFT OR TRAIN. A $6 PER DIEM RATE IS AUTHORIZED DURING A PERIOD OF 6 HOURS OR MORE, INCLUDING STOPOVERS OF LESS THAN 6 HOURS, WHILE TRAVELING FROM ONE LOCALITY TO ANOTHER.'

THE PER DIEM RATE OF $14 SPECIFIED FOR TRAVEL IN JAPAN ON YOUR TRAVEL ORDER IS SUBJECT TO THE ABOVE PROVISION FOR TRAVEL PERFORMED FROM MISAWA AIR BASE--- FURAMAKI RAILROAD STATION--- TO YOKOHAMA SINCE THAT TRAVEL TOOK MORE THAN 6 HOURS AND SINCE THERE WAS NO STOPOVER OF MORE THAN 6 HOURS ENROUTE.

PARAGRAPH 2 (A) 5 OF CHAPTER 9, AFM 40-10, PROVIDES:

"/5) WHERE, FOR THE TRAVELER'S PERSONAL CONVENIENCE, OR THROUGH THE TAKING OF LEAVE, TRAVEL IS INTERRUPTED, OR THERE IS DEVIATION FROM DIRECT ROUTE THAT INCREASES TRAVEL TIME, ENTITLEMENT TO AN APPLICABLE ALLOWANCE STATUS IS LIMITED TO UNINTERRUPTED TRAVEL AND USUAL ROUTING TRAVEL TIME.'

UNDER THAT PARAGRAPH, THE DEPARTMENT OF THE AIR FORCE HAS DETERMINED THAT YOU COULD HAVE REACHED YOKOHAMA IN TIME TO MEET YOUR PORT CALL ON MARCH 16, 1961, IF YOU HAD LEFT MISAWA AIR BASE DURING THE LAST QUARTER DAY OF MARCH 15.

SHOULD YOU PRESENT FURTHER EVIDENCE TO SHOW THAT YOU COULD NOT HAVE LEFT MISAWA AIR BASE AFTER 6 P.M., ON MARCH 15 SO AS TO ARRIVE IN YOKOHAMA IN TIME TO MAKE YOUR PORT CALL, WE WILL CONSIDER THE ALLOWANCE OF SUCH ADDITIONAL PER DIEM AS IS WARRANTED; HOWEVER, ON THE BASIS OF THE PRESENT RECORD, OUR SETTLEMENT OF JULY 21, 1961, WHICH DISALLOWED YOUR CLAIM IS SUSTAINED.

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