B-143018, APR. 14, 1961
Highlights
WOODWARD: REFERENCE IS MADE TO YOUR LETTER OF MARCH 18. WERE REACHED AFTER A CAREFUL CONSIDERATION OF ALL THE FACTS AND CIRCUMSTANCES INVOLVED IN YOUR CASE. THE RIGHT TO PER DIEM ARISES OUT OF STATUTE AND IS ADMINISTERED THROUGH VARIOUS ADMINISTRATIVE REGULATIONS. THE APPLICABLE REGULATIONS DENYING PER DIEM FOR THE TYPE OF DUTY WHICH YOU PERFORMED HAVE BEEN FULLY EXPLAINED TO YOU IN OUR PREVIOUS DECISIONS. IT IS WELL SETTLED THAT AN ADMINISTRATIVE REGULATION PROMULGATED WITHIN THE AUTHORITY GRANTED BY STATUTE HAS THE FORCE OF LAW AND MUST BE GIVEN FULL EFFECT BY THIS OFFICE. GIVE EFFECT TO PROVISIONS IN ORDERS WHICH ARE CONTRARY TO REGULATION OR LAW. WE TRUST YOU WILL UNDERSTAND THAT THERE IS NO FURTHER ACTION WHICH WE MAY TAKE IN THE MATTER.
B-143018, APR. 14, 1961
TO SECOND LIEUTENANT JAMES L. WOODWARD:
REFERENCE IS MADE TO YOUR LETTER OF MARCH 18, 1961, AND ENCLOSURES, IN REPLY TO OUR DECISION OF MARCH 6, 1961, B-143018, SUSTAINING THE ACTION PREVIOUSLY TAKEN BY US IN THE REVIEW OF THE DISALLOWANCE OF YOUR CLAIM FOR PER DIEM FOR A PERIOD OF TEMPORARY DUTY AT RANGER MOUNTAIN TRAINING CAMP.
OUR DECISION OF MARCH 6, 1961, AND THOSE ISSUED PRIOR THERETO, WERE REACHED AFTER A CAREFUL CONSIDERATION OF ALL THE FACTS AND CIRCUMSTANCES INVOLVED IN YOUR CASE, INCLUDING THE MATERIAL FORWARDED AS ENCLOSURES WITH YOUR RECENT LETTER. IT APPEARS THAT YOU BELIEVE YOUR CLAIM SHOULD BE ALLOWED FOR THE PRINCIPAL REASON THAT YOUR ORDERS, AS AMENDED, CONTAINED A PROVISION PURPORTEDLY AUTHORIZING THE PAYMENT OF PER DIEM FOR THE PERIOD OF DUTY INVOLVED. THE RIGHT TO PER DIEM ARISES OUT OF STATUTE AND IS ADMINISTERED THROUGH VARIOUS ADMINISTRATIVE REGULATIONS. THE APPLICABLE REGULATIONS DENYING PER DIEM FOR THE TYPE OF DUTY WHICH YOU PERFORMED HAVE BEEN FULLY EXPLAINED TO YOU IN OUR PREVIOUS DECISIONS. IT IS WELL SETTLED THAT AN ADMINISTRATIVE REGULATION PROMULGATED WITHIN THE AUTHORITY GRANTED BY STATUTE HAS THE FORCE OF LAW AND MUST BE GIVEN FULL EFFECT BY THIS OFFICE. WE MAY NOT, OF COURSE, GIVE EFFECT TO PROVISIONS IN ORDERS WHICH ARE CONTRARY TO REGULATION OR LAW. ACCORDINGLY, WE TRUST YOU WILL UNDERSTAND THAT THERE IS NO FURTHER ACTION WHICH WE MAY TAKE IN THE MATTER.