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B-139070, MAY 13, 1959

B-139070 May 13, 1959
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USMC: REFERENCE IS MADE TO YOUR LETTER DATED JULY 8. IN WHICH YOU REQUEST DECISION WHETHER PAYMENT IS PROPER ON A VOUCHER STATED IN FAVOR OF CAPTAIN THOMAS W. CAPTAIN SLACK AND THREE OTHERS WERE DIRECTED TO PROCEED TO DONALDSON AIR FORCE BASE. ALL TRAVEL WAS PERFORMED BY GOVERNMENT AIRCRAFT. GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE AND UTILIZED. TWO OF THE MEALS WERE PURCHASED FROM A GOVERNMENT MESS. DOUBT AS TO THE LEGALITY OF THE PAYMENT IS BASED ON THE FACTS THAT PARAGRAPH 4205.3 OF THE JOINT TRAVEL REGULATIONS DOES NOT SPECIFICALLY INDICATE THAT OFFICER PERSONNEL ARE INCLUDED UNDER THE CATEGORY OF "MEMBERS" AS REFERRED TO THEREIN. THAT PARAGRAPH 4205.3 OF THE REGULATIONS DOES NOT CLEARLY INDICATE WHETHER THE MEALS THEREIN UNDER CONSIDERATION ARE RESTRICTED SOLELY TO THOSE PURCHASED FROM SOURCES OTHER THAN A GOVERNMENT MESS ON DATES DURING WHICH "GROUP TRAVEL" STATUS EXISTS.

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B-139070, MAY 13, 1959

PRECIS-UNAVAILABLE

MAJOR R. S. SASSER, USMC:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 8, 1958, WITH ENCLOSURES, FORWARDED BY INDORSEMENT OF THE COMMANDANT OF THE MARINE CORPS, DATED MARCH 19, 1959, PDTATAC CONTROL NO. 58-4, IN WHICH YOU REQUEST DECISION WHETHER PAYMENT IS PROPER ON A VOUCHER STATED IN FAVOR OF CAPTAIN THOMAS W. SLACK, UNITED STATES MARINE CORPS RESERVE, FOR PER DIEM FOR JUNE 25 AND 26, 1958.

BY GROUP TRAVEL ORDERS DATED JUNE 23, 1958, ISSUED BY THE COMMANDING OFFICER, MARINE AIRCRAFT GROUP (HR)(L)-26, SECOND MARINE AIRCRAFT WING, MARINE CORPS AIR FACILITY, NEW RIVER, JACKSONVILLE, NORTH CAROLINA, CAPTAIN SLACK AND THREE OTHERS WERE DIRECTED TO PROCEED TO DONALDSON AIR FORCE BASE, SOUTH CAROLINA, FOR TEMPORARY ADDITIONAL DUTY FOR A PERIOD OF ABOUT TWO DAYS FOR LIAISON WITH HURRICANE REFUGE BASE. THE ITINERARY SHOWS THAT THEY LEFT MARINE CORPS AIR FACILITY, NEW RIVER, NORTH CAROLINA, AT 8:30 A.M., ON JUNE 25, 1958, AND ARRIVED AT DONALDSON AIR FORCE BASE, SOUTH CAROLINA, AT 1:45 P.M., THAT DAY. THEY LEFT THERE AT 8:10 A.M., ON JUNE 26, 1958, AND RETURNED TO NEW RIVER, NORTH CAROLINA, AT 12:25 P.M., THE SAME DAY. ALL TRAVEL WAS PERFORMED BY GOVERNMENT AIRCRAFT, AND GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE AND UTILIZED. CAPTAIN SLACK CERTIFIED THAT HE PURCHASED TWO MEALS ON JUNE 25, 1958, AND ONE MEAL ON JUNE 26, 1958. TWO OF THE MEALS WERE PURCHASED FROM A GOVERNMENT MESS. HE CLAIMS REIMBURSEMENT FOR THE MEALS AT ONE DOLLAR AND FIFTY CENTS ($1.50) EACH, UNDER THE PROVISIONS OF PARAGRAPH 4205.3, JOINT TRAVEL REGULATIONS. DOUBT AS TO THE LEGALITY OF THE PAYMENT IS BASED ON THE FACTS THAT PARAGRAPH 4205.3 OF THE JOINT TRAVEL REGULATIONS DOES NOT SPECIFICALLY INDICATE THAT OFFICER PERSONNEL ARE INCLUDED UNDER THE CATEGORY OF "MEMBERS" AS REFERRED TO THEREIN; THAT OFFICER PERSONNEL RECEIVE SUBSISTENCE ALLOWANCE AS A CONTINUING CREDIT ENTRY ON MILITARY PAY RECORDS WHILE IN A "TRAVEL STATUS"; AND THAT PARAGRAPH 4205.3 OF THE REGULATIONS DOES NOT CLEARLY INDICATE WHETHER THE MEALS THEREIN UNDER CONSIDERATION ARE RESTRICTED SOLELY TO THOSE PURCHASED FROM SOURCES OTHER THAN A GOVERNMENT MESS ON DATES DURING WHICH "GROUP TRAVEL" STATUS EXISTS.

PARAGRAPH 4100 OF THE JOINT TRAVEL REGULATIONS DEFINES "GROUP TRAVEL" AS A MOVEMENT OF THREE OR MORE MEMBERS TRAVELING IN A GROUP FOR WHICH TRANSPORTATION WILL BE FURNISHED BY GOVERNMENT CONVEYANCE OR TRANSPORTATION REQUEST FROM THE SAME POINT OF ORIGIN TO THE SAME DESTINATION UNDER ONE ORDER WHICH IS SPECIFICALLY DESIGNATED BY THE ORDER ISSUING AUTHORITY AS A "GROUP TRAVEL ORDER." PARAGRAPH 4101.2 OF THE REGULATIONS PROVIDES THAT IN LIEU OF A PER DIEM ALLOWANCE, A MEMBER TRAVELING UNDER GROUP TRAVEL ORDERS WILL BE SUBSISTED EN ROUTE BY MEALS PURCHASED OR FURNISHED BY THE GOVERNMENT, SUCH AS MEAL TICKETS, BOX LUNCHES, OR GOVERNMENT PREPARED MEALS, INCLUDING FLIGHT RATIONS. IN THE EVENT SHELTERING FACILITIES OR THE ABOVE METHODS FOR SUBSISTING MEMBERS ARE NOT AVAILABLE WHILE EN ROUTE OR AT TEMPORARY DUTY POINTS ON DAYS OF ARRIVAL AT OR DEPARTURE THERE-FROM, OR AT POINTS OF DELAY, MEMBERS WILL BE ENTITLED TO A PER DIEM ALLOWANCE AS AUTHORIZED IN PARAGRAPH 4205-3, OR 4256-1D, AS APPLICABLE. THIS APPLIES TO OFFICER PERSONNEL SINCE BY DEFINITION IN PARAGRAPH 1150, JOINT TRAVEL REGULATIONS, THE TERM "MEMBERS" AS USED IN THE JOINT TRAVEL REGULATIONS INCLUDES OFFICERS UNLESS OTHERWISE QUALIFIED.

THE PER DIEM PAYABLE TO MEMBERS TRAVELING UNDER GROUP TRAVEL ORDERS IS AUTHORIZED FOR THE PURPOSE OF PROVIDING REIMBURSEMENT FOR THE ADDITIONAL SUBSISTENCE EXPENSES THEY INCUR BY REASON OF THEIR TEMPORARY ABSENCE FROM THE NORMAL LIVING ARRANGEMENTS AT THEIR PERMANENT DUTY STATIONS. IT IS NOT INTENDED TO COVER ALL EXPENSES FOR MEALS AND LODGINGS WHILE TRAVELING - ONLY THE EXCESS OVER THOSE THAT WOULD HAVE BEEN INCURRED AT THE PERMANENT STATION BUT FOR THE ABSENCE FROM THAT STATION. WITH RESPECT TO OFFICER PERSONNEL, SINCE THEY NORMALLY ARE REQUIRED TO PAY FOR MEALS AT A GOVERNMENT MESS - AT THEIR REGULAR DUTY STATION OR ELSEWHERE - AT A RATE WHICH IS COMMENSURATE WITH THE BASIC ALLOWANCE FOR SUBSISTENCE WHICH IS PAYABLE TO THEM AT ALL TIMES, THE CONCLUSION APPEARS REQUIRED THAT THE PER DIEM ALLOWANCE PROVISION IN PARAGRAPH 4205.3 OF THE REGULATIONS CONTEMPLATES A SITUATION WHERE A GOVERNMENT MESS IS UNAVAILABLE AND THEY ARE PUT TO ADDITIONAL EXPENSE FOR THE PURCHASE OF MEALS ELSEWHERE.

THE ORDERS OF JUNE 23, 1958, DIRECTED THE MOVEMENT OF CAPTAIN SLACK AND THREE OTHERS TRAVELING IN A GROUP BY GOVERNMENT AIRCRAFT FROM NEW RIVER, NORTH CAROLINA, TO DONALDSON AIR FORCE BASE, SOUTH CAROLINA, AND RETURN, AND APPEARS TO HAVE INVOLVED PRECISELY THE GROUP SITUATION CONTEMPLATED BY THE REGULATION. THEREFORE, IN THE ABSENCE OF EVIDENCE THAT IN FLIGHT MEALS OR BOX LUNCHES WERE NOT AVAILABLE ON THE GOVERNMENT AIRPLANE TO CAPTAIN SLACK FOR HIS NOON MEAL ON JUNE 25, 1958, PER DIEM ALLOWANCE IS NOT PAYABLE FOR THAT MEAL. ALSO, SINCE A GOVERNMENT MESS WAS AVAILABLE TO HIM AT CAMP DONALDSON, HE IS NOT ENTITLED TO THE ADDITIONAL PER DIEM ALLOWANCE CLAIMED FOR THE MEALS PURCHASED THERE ON JUNE 25 AND 26, 1958.

ACCORDINGLY, PAYMENT ON THE VOUCHER IS NOT AUTHORIZED AND IT WILL BE RETAINED HERE.

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