B-130035, JUN. 21, 1957
Highlights
USAF: REFERENCE IS MADE TO YOUR LETTER OF MAY 3. WHICH WAS DISALLOWED IN OUR SETTLEMENT OF OCTOBER 18. WAS REVIEWED AND IN DECISION DATED JANUARY 8. YOU WERE ADVISED THAT NO AUTHORITY EXISTED FOR THE PAYMENT OF YOUR CLAIM SINCE ADMINISTRATIVE DETERMINATIONS OF HEADQUARTERS. - MADE NECESSARY THE CONCLUSION THAT YOUR TEMPORARY STATION AT TOKYO WAS LOCATED WITHIN THE IMMEDIATE VICINITY OF YOUR DUTY STATION AT JOHNSON AIR FORCE BASE. YOU HAVE FORWARDED A COPY OF A LETTER FROM HEADQUARTERS. YOU SUGGEST THAT SUCH ACTION INDICATES A CONCURRENCE BY THAT COMMAND IN YOUR VIEW THAT THEIR PRIOR DETERMINATIONS IN THE MATTER WERE ERRONEOUS. A COPY OF FEAF CIRCULAR NO. 10 WAS NOT FURNISHED. ARE NOT KNOWN TO US.
B-130035, JUN. 21, 1957
TO FIRST LIEUTENANT DELMER F. WALTER, USAF:
REFERENCE IS MADE TO YOUR LETTER OF MAY 3, 1957, IN WHICH YOU REQUEST THAT FURTHER CONSIDERATION BE GIVEN YOUR CLAIM FOR PER DIEM INCIDENT TO TEMPORARY DUTY PERFORMED AT TOKYO, JAPAN, DURING THE PERIOD OCTOBER 3 TO NOVEMBER 8, 1955, WHICH WAS DISALLOWED IN OUR SETTLEMENT OF OCTOBER 18, 1956.
IN RESPONSE TO YOUR REQUEST OF NOVEMBER 15, 1956, THE ACTION TAKEN IN THE SETTLEMENT OF OCTOBER 18, 1956, WAS REVIEWED AND IN DECISION DATED JANUARY 8, 1957, B-130035, YOU WERE ADVISED THAT NO AUTHORITY EXISTED FOR THE PAYMENT OF YOUR CLAIM SINCE ADMINISTRATIVE DETERMINATIONS OF HEADQUARTERS, FAR EAST AIR FORCES, UNDER THE PROVISION OF PARAGRAPH 6450 OF THE JOINT TRAVEL REGULATIONS--- WHICH DENIED AUTHORITY FOR THE PAYMENT OF EXPENSES INCURRED INCIDENT TO SHORT TRIPS WITHIN THE IMMEDIATE VICINITY OF THE DUTY STATION--- MADE NECESSARY THE CONCLUSION THAT YOUR TEMPORARY STATION AT TOKYO WAS LOCATED WITHIN THE IMMEDIATE VICINITY OF YOUR DUTY STATION AT JOHNSON AIR FORCE BASE, JAPAN.
YOU HAVE FORWARDED A COPY OF A LETTER FROM HEADQUARTERS, FIFTH AIR FORCE, UNITED STATES AIR FORCE, DATED APRIL 15, 1957, TO VARIOUS COMMANDS IN THE FAR EAST ANNOUNCING THAT FEAF SUPPLEMENT 20 TO THE JOINT TRAVEL REGULATIONS, DATED JULY 30, 1956 (THE CURRENT REGULATIONS CONTAINING ADMINISTRATIVE DETERMINATIONS FOR THE TOKYO AREA UNDER PARAGRAPH 6450 OF THE JOINT TRAVEL REGULATIONS), HAD BEEN RESCINDED BY FEAF CIRCULAR NO. 10, DATED FEBRUARY 27, 1957, AND DIRECTING THAT TRAVEL ORDERS AND AF FORMS 626 SHOULD NOT CONTAIN ANY RESTRICTIVE WORDING PROHIBITING PER DIEM FOR TRAVEL AND TEMPORARY DUTY. YOU SUGGEST THAT SUCH ACTION INDICATES A CONCURRENCE BY THAT COMMAND IN YOUR VIEW THAT THEIR PRIOR DETERMINATIONS IN THE MATTER WERE ERRONEOUS. A COPY OF FEAF CIRCULAR NO. 10 WAS NOT FURNISHED, AND ITS CONTENTS OTHER THAN AS INDICATED IN THE LETTER OF APRIL 15, 1957, ARE NOT KNOWN TO US. IT IS ASSUMED, HOWEVER, THAT IT COULD NOT BE EFFECTIVE PRIOR TO ITS DATE OR SO AS TO AFFECT CLAIMS FOR PER DIEM FOR PERIODS PRIOR TO THAT DATE. IT IS CONSIDERED, THEREFORE, THAT THE INFORMATION FURNISHED BY YOU PROVIDES NO ADEQUATE BASIS FOR ARRIVING AT A CONCLUSION OTHER THAN THAT REACHED IN THE DECISION OF JANUARY 8, 1957.