B-157864, APR. 26, 1966

B-157864: Apr 26, 1966

Additional Materials:

Contact:

Shirley Jones
(202) 512-8156
jonessa@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

RICHARD PEPPE: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 12. IT WAS CONCLUDED THAT UNDER THE CIRCUMSTANCES OF YOUR ASSIGNMENT TO DUTY AT SAIGON UNDER ORDERS OF MAY 3. YOU WERE IN FACT AT YOUR DESIGNATED POSTS OF DUTY AND NOT IN A STATUS ENTITLING YOU TO THE PER DIEM CLAIMED. ON THE BASIS THAT YOU WERE IN SAIGON BUT A SHORT TIME. IT WAS THE INTENT OF YOUR COMMANDER AS SOON AS YOU ARRIVED IN SAIGON THAT DA NANG WOULD BE YOUR PERMANENT STATION. WHILE AT DA NANG SINCE BY MESSAGE DATED OCTOBER 25 THE REQUEST FOR YOUR DUTY ASSIGNMENT AT DA NANG WAS INVALIDATED. IT IS PROVIDED IN PARAGRAPH M3050 OF THE JOINT TRAVEL REGULATIONS THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES (INCLUDING PER DIEM) ONLY WHILE ACTUALLY IN A TRAVEL STATUS.

B-157864, APR. 26, 1966

TO MR. RICHARD PEPPE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 12, 1966, CONCERNING OUR DECISION OF MARCH 10, 1966, B-157864, RELATIVE TO YOUR CLAIM FOR PER DIEM WHILE SERVING WITH THE ARMED FORCES IN VIETNAM.

IN THE DECISION OF MARCH 10, 1966, IT WAS CONCLUDED THAT UNDER THE CIRCUMSTANCES OF YOUR ASSIGNMENT TO DUTY AT SAIGON UNDER ORDERS OF MAY 3, 1963, YOUR FURTHER ASSIGNMENT TO DUTY AT DA NANG AIR BASE ON AN ASSUMPTION THAT A REQUEST FOR CONFIRMATION OF THAT ACTION WOULD BE ISSUED, AND YOUR RECALL TO SAIGON DUE TO THE FAILURE OF SUCH CONFIRMATION, YOU WERE IN FACT AT YOUR DESIGNATED POSTS OF DUTY AND NOT IN A STATUS ENTITLING YOU TO THE PER DIEM CLAIMED. IN YOUR LETTER OF MARCH 12, 1966, YOU SAY THAT YOU WOULD LIKE TO AMEND YOUR CLAIM, IN VIEW OF THE CONCLUSIONS STATED IN THE DECISION OF MARCH 10, 1966, TO COVER PER DIEM FROM DATE OF ARRIVAL IN SAIGON TO AUGUST 12, 1963, DATE OF YOUR ARRIVAL AT DA NANG, ON THE BASIS THAT YOU WERE IN SAIGON BUT A SHORT TIME, ANOTHER STATION HAD BEEN ASSIGNED, AND IT WAS THE INTENT OF YOUR COMMANDER AS SOON AS YOU ARRIVED IN SAIGON THAT DA NANG WOULD BE YOUR PERMANENT STATION. ALSO, YOU REQUEST FURTHER CONSIDERATION OF THE PERIOD FROM OCTOBER 25, TO NOVEMBER 5, 1963, WHILE AT DA NANG SINCE BY MESSAGE DATED OCTOBER 25 THE REQUEST FOR YOUR DUTY ASSIGNMENT AT DA NANG WAS INVALIDATED, GIVING RISE, YOU SUGGEST, TO AN INTENT THAT DUTY THEREAFTER AT DA NANG WOULD BE TEMPORARY.

IT IS PROVIDED IN PARAGRAPH M3050 OF THE JOINT TRAVEL REGULATIONS THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES (INCLUDING PER DIEM) ONLY WHILE ACTUALLY IN A TRAVEL STATUS, WHICH STATUS WILL COMMENCE WITH DEPARTURE FROM THE PERMANENT DUTY STATION AND WILL TERMINATE WITH RETURN TO THE PERMANENT STATION OR UPON REPORTING AT A NEW PERMANENT DUTY STATION. THE FACT THAT ORDERS MAY HAVE BEEN ISSUED DIRECTING A DETACHMENT FROM DUTY AT ONE POINT AND ASSIGNMENT TO DUTY AT ANOTHER POINT CANNOT, THEREFORE, BE CONSIDERED TO GIVE RISE TO A RIGHT TO SUCH ALLOWANCES PRIOR TO THE TIME THE MEMBER ACTUALLY IS REQUIRED TO LEAVE THE OLD STATION. THIS IS TRUE EVEN THOUGH HIS ASSIGNED DUTIES AT THE OLD STATION HAVE BEEN TERMINATED AND TEMPORARY DUTIES ARE ASSIGNED FOR PERFORMANCE PRIOR TO DEPARTURE THEREFROM. SEE PARAGRAPH M4201-4 OF THE JOINT TRAVEL REGULATIONS.

YOU WERE PERMANENTLY ASSIGNED TO DUTY AT SAIGON UNDER YOUR ORDERS OF MAY 3, 1963, AND YOU ARRIVED THERE ON JULY 18, 1963, UNDER THAT ASSIGNMENT. CONSEQUENTLY, EVEN IF A DETERMINATION WAS MADE SHORTLY AFTER YOUR ARRIVAL THERE THAT YOU WERE TO BE TRANSFERRED TO DA NANG, YOU COULD NOT BE CONSIDERED TO HAVE ENTERED A TRAVEL STATUS FOR PER DIEM PURPOSES UNTIL YOU WERE REQUIRED TO LEAVE SAIGON TO PROCEED AND REPORT TO DA NANG AIR BASE ON AUGUST 12, 1963, AND SO MAY NOT BE PAID PER DIEM FOR THE PERIOD AT SAIGON PRIOR TO THAT DEPARTURE. SIMILARLY, SINCE DA NANG AIR BASE WAS CONSIDERED YOUR PERMANENT DUTY STATION COMMENCING WITH YOUR ARRIVAL THERE ON AUGUST 12, 1963, NO AUTHORITY MAY BE CONSIDERED TO EXIST FOR THE PAYMENT TO YOU OF A PER DIEM ALLOWANCE WHILE THERE FOR ANY PERIOD PRIOR TO YOUR DEPARTURE FROM THAT STATION TO RETURN TO SAIGON ON NOVEMBER 5, 1963.

THE CONCLUSIONS REACHED IN THE DECISION OF MARCH 10, 1966, UPON FURTHER REVIEW, APPEAR TO HAVE BEEN PROPER AND THAT DECISION IS SUSTAINED.

Jan 14, 2021

Jan 13, 2021

Looking for more? Browse all our products here