B-148216, JUL. 5, 1962

B-148216, JUL. 5, 1962

TO MR. NORMAN P. NOBACH:

REFERENCE IS MADE TO LETTER OF MAY 1, 1962, AND ENCLOSURES, WRITTEN ON YOUR BEHALF BY MR. HAROLD Q. NOACK, JR., OF FERNHOFF AND WOLFE, ATTORNEYS AT LAW, REQUESTING FURTHER REVIEW OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $243, REPRESENTING AN OVERPAYMENT OF PER DIEM MADE TO YOU INCIDENT TO DUTY PERFORMED DURING VARIOUS PERIODS FROM DECEMBER 14, 1957, TO MAY 20, 1958, AT YOKOSUKA, JAPAN.

IN RESPONSE TO YOUR ATTORNEY'S REQUEST OF JANUARY 26, 1962, AND AFTER YOUR INDEBTEDNESS WAS REFERRED TO OUR OFFICE FOR COLLECTION ACTION BY THE U.S. NAVY FINANCE CENTER, THE CIRCUMSTANCES INVOLVED IN YOUR CASE WERE CAREFULLY REVIEWED, AND IN OUR DECISION OF APRIL 12, 1962, B-148216, YOU WERE ADVISED THAT YOUR ASSIGNMENT AT YOKOSUKA, JAPAN, DURING THE PERIODS IN QUESTION WAS CONSIDERED TO BE YOUR BASIC DUTY ASSIGNMENT AND THAT YOKOSUKA, THEREFORE, WAS IN FACT YOUR PERMANENT DUTY STATION FOR PER DIEM PURPOSES. UNDER SUCH CIRCUMSTANCES, THERE WAS NO AUTHORITY FOR PAYING YOU PER DIEM DURING THE PERIOD DECEMBER 14, 1957, TO MAY 20, 1958, AND THE EXCEPTION TAKEN BY OUR AUDITORS TO THE PAYMENT WAS FOUND TO BE PROPER. MR. NOACK'S PRESENT LETTER HE REPEATS YOUR CONTENTIONS THAT YOUR DUTY AT YOKOSUKA WITH MOBILE SUPPORT GROUP C WAS NOT PERMANENT DUTY BECAUSE YOU WERE NOT ELIGIBLE FOR GOVERNMENT TRANSPORTATION OF YOUR DEPENDENTS AND HOUSEHOLD EFFECTS TO YOKOSUKA OR FOR BASE GOVERNMENT HOUSING AT YOKOSUKA. ALSO, THERE WERE ENCLOSED COPIES OF AN OPINION FROM THE COMPTROLLER OF THE NAVY DATED SEPTEMBER 26, 1955, TO THE COMMANDING OFFICER, U.S.S. PRAIRIE (AD-15), AND A LETTER FROM THE COMMANDER OF SERVICE SQUADRON THREE TO THE COMMANDER OF MOBILE SUPPORT GROUP CHARLIE, IN SUPPORT OF YOUR CONTENTION, BOTH OF WHICH, HOWEVER, WERE CONSIDERED IN CONNECTION WITH THE DECISION OF APRIL 12, 1962, TO YOU. SINCE MR. NOACK HAS PRESENTED NO PERTINENT FACTS OR INFORMATION NOT FULLY CONSIDERED IN THE RENDERING OF THE DECISION OF APRIL 12, 1962, THERE IS NO BASIS UPON WHICH WE MAY ARRIVE AT A CONCLUSION DIFFERENT FROM THAT REACHED IN THAT DECISION.

WITH REFERENCE TO THE CONTENTION THAT IF YOUR PERMANENT DUTY STATION WERE AT YOKOSUKA YOU SHOULD BE CONSIDERED AS AWAY FROM THAT STATION FOR SUCH PERIODS AS THE COMMAND SHIP OF MOBILE SUPPORT GROUP C WAS AWAY FROM YOKOSUKA, YOU ARE ADVISED THAT EVEN IF YOUR DUTY ASSIGNMENT NORMALLY WAS FOR PERFORMANCE ABOARD THAT VESSEL AND YOU WERE ASHORE DURING ITS ABSENCE FROM YOKOSUKA, NO AUTHORITY WOULD EXIST FOR THE PAYMENT TO YOU OF PER DIEM IN THE ABSENCE OF WRITTEN ORDERS EXPRESSLY DIRECTING THE PERFORMANCE OF THE DUTY AWAY FROM THE VESSEL, PARAGRAPH 3000 OF THE JOINT TRAVEL REGULATIONS PROVIDING EXPRESSLY THAT "NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED THEREFOR.'

YOU ARE REQUESTED TO REMIT THE SUM OF $243 WITHOUT FURTHER DELAY. YOUR CHECK OR MONEY ORDER SHOULD BE MADE PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE," POST OFFICE BOX 2610, WASHINGTON 13, D.C. ..END :