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B-141019, NOV. 20, 1959

B-141019 Nov 20, 1959
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SHORE: REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 10. YOU WERE PLACED ON SPECIAL DUTY AT YAKIMA. THE ORDERS STATED: "ALL TVL AND TEMP DY PERF UNDER THIS 0 IS OF A TYPE CONTEMPLATED BY PAR 4201.6 JTR AS IMPL BY AR 35-3080 (EFF 15 JUN 58).'. YOUR CLAIM WAS DISALLOWED BECAUSE OF THIS PROVISION IN YOUR ORDERS. PARAGRAPH 4A OF WHICH SPECIFIED "PER DIEM IS NOT AUTHORIZED. YOU SAY THESE MEMBERS WERE PAID PER DIEM UNDER THEIR ORDERS AND SINCE YOUR ORDERS CONTAIN THE SAME PROVISIONS. JOINT TRAVEL REGULATIONS PROHIBITS PAYMENT OF PER DIEM TO MEMBERS OF THE UNIFORMED SERVICES WHILE PARTICIPATING IN FIELD DUTY TYPE ACTIVITIES (OTHER THAN ADVANCED PLANNING AND CRITIQUE PHASES) WHERE BOTH RATIONS IN KIND AND QUARTERS ARE AVAILABLE OR FURNISHED EXCEPT FOR PERIODS INVOLVING TEMPORARY DUTY ON AN INSTALLATION OF THE UNIFORMED SERVICES AND PER DIEM IS AUTHORIZED IN ACCORDANCE WITH THE REGULATIONS ISSUED BY THE SECRETARY OF THE SERVICE CONCERNED.

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B-141019, NOV. 20, 1959

TO MR. LAWRENCE B. SHORE:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 10, 1959, WITH ENCLOSURES, REQUESTING REVIEW OF SETTLEMENT DATED SEPTEMBER 4, 1959, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD JUNE 4 TO JULY 25, 1958, WHILE SERVING AS A FIRST LIEUTENANT WITH THE UNITED STATES ARMY.

BY VERBAL ORDERS DATED JUNE 4, 1958, CONFIRMED BY PARAGRAPH 2, ORDERS OF DECEMBER 5, 1958, HEADQUARTERS, 2ND BATTLE GROUP 39TH INFANTRY, FORT LEWIS, WASHINGTON, YOU WERE PLACED ON SPECIAL DUTY AT YAKIMA, WASHINGTON, FOR THE PERIOD JUNE 4 TO JULY 25, 1958. THE ORDERS STATED: "ALL TVL AND TEMP DY PERF UNDER THIS 0 IS OF A TYPE CONTEMPLATED BY PAR 4201.6 JTR AS IMPL BY AR 35-3080 (EFF 15 JUN 58).' YOUR CLAIM WAS DISALLOWED BECAUSE OF THIS PROVISION IN YOUR ORDERS.

WITH YOUR LETTER YOU ENCLOSED COPY OF MOVEMENT ORDER NO. 25, DATED MAY 28, 1958, PARAGRAPH 4A OF WHICH SPECIFIED "PER DIEM IS NOT AUTHORIZED. ALL TRAVEL AND TDY PERFORMED BY THIS ORDER CONSTITUTE A TYPE OF DUTY CONTEMPLATED BY PARAGRAPH 4201.6, JTR, AS AMENDED.' YOU ALSO SUBMITTED INSTRUCTIONS DATED MAY 28, 1958, WHICH ACCOMPANIED THE MOVEMENT ORDERS, AND A COPY OF ORDERS DATED SEPTEMBER 11, 1958, CONFIRMING VERBAL ORDERS ASSIGNING OTHER MEMBERS TO PERFORM SPECIAL DUTY AT YAKIMA, WASHINGTON, IN CONNECTION WITH THE SAME OPERATION. YOU SAY THESE MEMBERS WERE PAID PER DIEM UNDER THEIR ORDERS AND SINCE YOUR ORDERS CONTAIN THE SAME PROVISIONS, EXCEPT FOR DATES, YOU SHOULD BE ENTITLED TO PER DIEM ALSO.

PARAGRAPH 4201.6, JOINT TRAVEL REGULATIONS PROHIBITS PAYMENT OF PER DIEM TO MEMBERS OF THE UNIFORMED SERVICES WHILE PARTICIPATING IN FIELD DUTY TYPE ACTIVITIES (OTHER THAN ADVANCED PLANNING AND CRITIQUE PHASES) WHERE BOTH RATIONS IN KIND AND QUARTERS ARE AVAILABLE OR FURNISHED EXCEPT FOR PERIODS INVOLVING TEMPORARY DUTY ON AN INSTALLATION OF THE UNIFORMED SERVICES AND PER DIEM IS AUTHORIZED IN ACCORDANCE WITH THE REGULATIONS ISSUED BY THE SECRETARY OF THE SERVICE CONCERNED. UNDER ARMY REGULATIONS NO. 35-3080 DATED MAY 15, 1956, IN EFFECT UP TO JUNE 15, 1958, MEMBERS PERFORMING FIELD TYPE DUTY AT AN INSTALLATION COULD QUALIFY FOR PER DIEM ONLY ON THE BASIS THAT THE MEMBER WAS QUARTERED SEPARATELY FROM THOSE UNDERGOING TRAINING, OR IF THE EXERCISE OR ACTIVITY IS CONDUCTED TO PERMIT ALL PARTICIPANTS TO UTILIZE QUARTERS NORMALLY AVAILABLE ON THE INSTALLATION TO PERSONNEL ON TEMPORARY DUTY AS DISTINGUISHED FROM QUARTERS SPECIFICALLY ESTABLISHED OR DESIGNATED FOR USE IN CONNECTION WITH THE EXERCISE OR ACTIVITY. THE REGULATION ALSO PROVIDES THAT VOUCHERS CLAIMING SUCH PER DIEM ALLOWANCES WILL BE SUBSTANTIATED BY A CERTIFICATE EXECUTED BY COMPETENT AUTHORITY (COMMANDING OFFICER OF THE INSTALLATION, MANEUVER, OR EXERCISE DIRECTOR, OR COMMANDING OFFICER OF THE EXERCISE OR ACTIVITY AT THE INSTALLATION INVOLVED). NO SUCH CERTIFICATE HAS BEEN FURNISHED IN YOUR CASE NOR DOES IT APPEAR THAT SUCH CERTIFICATE WOULD BE PROPER. THEREFORE, NO PER DIEM IS PAYABLE FOR ANY PERIOD PRIOR TO JUNE 15, 1958. HOWEVER, EFFECTIVE JUNE 15, 1958, SUPERSEDING REGULATIONS (AR 35-3080 DATED JUNE 9, 1958) AUTHORIZE PAYMENT OF PER DIEM ALLOWANCE OF $4 FOR OFFICERS AND $1 FOR ENLISTED MEN TO ACTIVE ARMY PERSONNEL FOR TEMPORARY DUTY IN CONNECTION WITH TRAINING ENCAMPMENTS, REGARDLESS OF THE TYPES OF QUARTERS OCCUPIED. PARAGRAPH 9 OF THE REGULATIONS PROVIDES THAT OFFICERS WHO ARE ENTITLED TO PER DIEM WILL BE ASSESSED MESSING CHARGES AND SERVICE CHARGES FOR THE UTILIZATION OF GOVERNMENT QUARTERS. THEREFORE, IT APPEARS YOU ARE ENTITLED TO PER DIEM ALLOWANCE FOR THE PERIOD JUNE 15 TO JULY 25, 1958, LESS DEDUCTIONS OF $2.25 PER DAY FOR MEALS FURNISHED AT GOVERNMENT MESS AND ?50 PER DAY FOR UTILIZATION OF GOVERNMENT QUARTERS.

ACCORDINGLY, SETTLEMENT COMPUTED ON THE BASIS INDICATED ABOVE WILL ISSUE IN DUE COURSE FOR THE CORRECT AMOUNT FOUND TO BE DUE.

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