B-120008, JUN 14, 1954

B-120008, JUN 14, 1954

PRECIS-UNAVAILABLE

MRS. ZENA MOLDAFSKY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 14, 1954, REQUESTING REVIEW OF THAT PART OF SETTLEMENT DATED MARCH 5, 1954, WHICH ALLOWED $72.08 ON YOUR CLAIM FOR PER DIEM DURING THE PERIOD DECEMBER 8, 1951, TO JANUARY 24, 1952, IN CONNECTION WITH TRAVEL PERFORMED BY YOUR LATE HUSBAND, FIRST LIEUTENANT IRWIN MOLDAFSKY, USAF, FROM DAVIS MONTHAN AIR FORCE BASE, ARIZONA, TO KADENA AIR FORCE BASE, OKINAWA, PURSUANT TO ORDERS OF NOVEMBER 30, 1951, AS AMENDED, AND ORDERS OF DECEMBER 11, 1951, DIRECTING SUCH TRAVEL VIA CAMP STONEMAN, CALIFORNIA, AND TRAVIS AIR FORCE BASE, CALIFORNIA. ALSO, THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 19, 1954, CONCERNING YOUR CLAIM.

IT APPEARS THAT LIEUTENANT MOLDAFSKY PROCEEDED FROM DAVIS-MONTHAN AIR FORCE BASE TO TRAVIS AIR FORCE BASE ON DECEMBER 8, 1951, ARRIVING AT THE LATTER PLACE AT 3 P.M.; THAT HE REPORTED AT CAMP STONEMAN THE FOLLOWING MORNING AT 9 A.M.; THAT HE RETURNED TO TRAVIS AIR FORCE BASE ON DECEMBER 11; AND THAT HE TRAVELED BY MILITARY AIRCRAFT THENCE TO OKINAWA DURING THE PERIOD 11 P.M., JANUARY 17, 1952, TO JANUARY 24, 1952, STOPS FOR ONE OR MORE NIGHTS BEING MADE EN ROUTE AT HICKAM AIR FORCE BASE, T. H., KWAJALEIN ISLAND AND GUAM. IT IS INDICATED THAT HE WAS ON LEAVE FROM DECEMBER 21 TO NOON DECEMBER 26, 1951, AND IT IS REPORTED THAT GOVERNMENT QUARTERS WERE AVAILABLE AT BOTH CAMP STONEMAN AND TRAVIS AIR FORCE BASE.

UNDER THE PROVISIONS OF PARAGRAPH 4205, CHANGE 1, AUGUST 1, 1951, JOINT TRAVEL REGULATIONS, IN EFFECT DURING THE PERIOD HERE INVOLVED, PER DIEM WAS PAYABLE AT THE RATE OF $5 PER DAY FOR DELAYS INCIDENT TO TRAVEL AND TEMPORARY DUTY IN THE UNITED STATES AT MILITARY INSTALLATIONS WHERE GOVERNMENT QUARTERS WERE AVAILABLE, BUT IT WAS PROVIDED THAT FOR THE DAY OF DEPARTURE FROM A PERMANENT STATION ONE FOURTH OF THE PER DIEM RATE OF $9 WAS PAYABLE FOR EACH SIX HOURS OR A FRACTION THEREOF WHILE IN A TRAVEL STATUS. UNDER SUCH REGULATIONS $6.75 IS PAYABLE FOR DECEMBER 8 AND $5 PER DAY FOR THE PERIODS DECEMBER 9 TO 20 AND DECEMBER 26, 1951, TO JANUARY 16, 1952. WHILE IT IS NOT SHOWN THAT THE OFFICER OCCUPIED GOVERNMENT QUARTERS ON THE NIGHT OF DECEMBER 8, SUCH QUARTERS WERE AVAILABLE AT BOTH TRAVIS AIR FORCE BASE AND CAMP STONEMAN. SINCE THE DISTANCE BETWEEN THE TWO PLACES IS ONLY APPROXIMATELY 50 MILES, NO OVERNIGHT TRAVEL WAS NECESSARY. SCHEDULES OF PUBLIC TRANSPORTATION ON FILE IN THIS OFFICE SHOW THAT HE COULD HAVE PROCEEDED TO CAMP STONEMAN ON DECEMBER 8 OR COULD HAVE TRAVELED THERETO THE FOLLOWING MORNING AND STILL REPORTED AT THE SAME TIME HE ACTUALLY DID REPORT. UNDER SUCH CIRCUMSTANCES, IT MUST BE CONCLUDED THAT GOVERNMENT QUARTERS WERE AVAILABLE ON DECEMBER 8. THE FULL PER DIEM OF $9 IS PAYABLE FOR JANUARY 17, 1952.

FOR TRAVEL OUTSIDE THE UNITED STATES, PARAGRAPH 4253, JOINT TRAVEL REGULATIONS, PROVIDES THAT FOR DELAYS EN ROUTE OF MORE THAN 10 HOURS INCIDENT TO THE MODE OF TRAVEL, THE LOCAL PER DIEM RATE APPLIES FOR THE DAY OF ARRIVAL THROUGH THE DAY PRIOR TO THE DAY OF DEPARTURE. NO LOCAL RATE IS PRESCRIBED FOR DUTY IN HAWAII, KWAJALEIN OR GUAM AND SINCE STOPS OF OVER 10 HOURS WERE MADE AT EACH OF THOSE PLACES AND TRAVEL FROM RICHAM AIR FORCE BASE TO KWAJALEIN AND FROM KWAJALEIN TO GUAM WAS ACCOMPLISHED ON THE DAY OF DEPARTURE FROM HICKAM AIR FORCE BASE AND FROM KWAJALEIN RESPECTIVELY, NO RIGHT TO PER DIEM ACCRUED FOR THE PERIOD JANUARY 18 TO 23, 1952.

THE FULL TRAVEL RATE OF $9 IS APPLICABLE FOR JANUARY 24, 1952, LESS APPROPRIATE DEDUCTIONS (40% FOR GOVERNMENT QUARTERS AND 10% FOR EACH GOVERNMENT MEAL) AS PROVIDED IN PARAGRAPH 4254, JOINT TRAVEL REGULATIONS. EXCEPT FOR THE MORNING MEAL AVAILABLE AT GUAM, NO INFORMATION HAS BEEN SUBMITTED AS TO THE QUARTERS OR MEALS AVAILABLE ON THAT DAY. HOWEVER, SINCE IT IS UNDERSTOOD THAT THERE ARE LARGE MILITARY INSTALLATIONS AT OKINAWA AND MEALS WERE AVAILABLE AT GUAM, IT WILL BE ASSUMED THAT GOVERNMENT QUARTERS WERE OCCUPIED ON JANUARY 24 AND THAT SOME SORT OF FLIGHT RATIONS WERE FURNISHED ON THE FLIGHT BETWEEN THOSE TWO PLACES. HENCE $2.70 WILL BE ALLOWED FOR THAT DAY.

A SETTLEMENT ALLOWING THE PROPER ADDITIONAL AMOUNT FOUND DUE IN ACCORDANCE WITH THE FOREGOING WILL ISSUE IN DUE COURSE.