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B-137350, NOV 26, 1958

B-137350 Nov 26, 1958
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BLACKBURN: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 13. YOU WERE DIRECTED TO PROCEED FROM YOUR STATION. THE ORDER PROVIDED THAT NO PER DIEM WAS AUTHORIZED. YOU WERE PLACED ON TEMPORARY DUTY WITH 8192D AU (SIGNAL SERVICE DETACHMENT) ALSO AT CAMP CRAWFORD. PER DIEM WAS NOT PAID UNDER THE ORDERS OF DECEMBER 20. ALTHOUGH YOU STATE YOU FREQUENTLY WERE IN TELEPHONE CONVERSATION WITH THE WARRANT OFFICERS WHO WROTE THE ORDERS IN AN EFFORT TO OBTAIN ORDERS UNDER WHICH PER DIEM WOULD BE PAID. PARAGRAPH 2 OF WHICH STATED THAT YOUR STATION WAS CAMP SCHIMMELPFENNIG AND THAT YOU WERE ON TEMPORARY DUTY WITH 8192D AU (AT CAMP CRAWFORD). ON PERMANENT CHANGE OF STATION TO CAMP CRAWFORD IS STRONG EVIDENCE THAT THE WRITTEN ORDERS RECEIVED BY YOU WERE NOT IN ACCORD WITH HIS VERBAL ORDERS ISSUED ON DECEMBER 18.

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B-137350, NOV 26, 1958

PRECIS-UNAVAILABLE

FIRST LIEUTENANT ASA O. BLACKBURN:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 13, 1958, REQUESTING REVIEW OF THE SETTLEMENT OF SEPTEMBER 20, 1957, WHICH DISALLOWED THE MAJOR PORTION OF YOUR CLAIM FOR PER DIEM FOR THE PERIOD DECEMBER 18, 1954, TO APRIL 29, 1955.

BY PARAGRAPH 3, LETTER ORDER 1-1274, DATED OCTOBER 28, 1954, YOU WERE DIRECTED TO PROCEED FROM YOUR STATION, CAMP SCHIMMELPFENNIG, HONSHU, JAPAN, TO CAMP CRAWFORD, HOKKAIDO, JAPAN, FOR AN INDEFINITE PERIOD FOR THE PURPOSE OF ATTENDING 1ST CAVALRY DIVISION WINTER TRAINING SCHOOL. THE ORDER PROVIDED THAT NO PER DIEM WAS AUTHORIZED. BY PARAGRAPH 1, LETTER ORDER 1-1468, DATED DECEMBER 20, 1954, AS AMENDED BY PARAGRAPH 2, LETTER ORDER 1-80, DATED JANUARY 20, 1955, YOU WERE PLACED ON TEMPORARY DUTY WITH 8192D AU (SIGNAL SERVICE DETACHMENT) ALSO AT CAMP CRAWFORD, FOR A PERIOD OF 90 DAYS EFFECTIVE DECEMBER 18, 1954. PARAGRAPH 11, SPECIAL ORDERS NO. 54, DATED MARCH 7, 1955, PLACED YOU ON PERMANENT DUTY AT CAMP CRAWFORD. ON THE BASIS OF ORDERS ISSUED UP TO THAT POINT, IT APPEARS YOU HAD BEEN ON TEMPORARY DUTY (OTHER THAN AT THE SCHOOL) AT CAMP CRAWFORD SINCE DECEMBER 18, 1954. PER DIEM WAS NOT PAID UNDER THE ORDERS OF DECEMBER 20, 1954, AND JANUARY 20, 1955, ALTHOUGH YOU STATE YOU FREQUENTLY WERE IN TELEPHONE CONVERSATION WITH THE WARRANT OFFICERS WHO WROTE THE ORDERS IN AN EFFORT TO OBTAIN ORDERS UNDER WHICH PER DIEM WOULD BE PAID. ON MARCH 30, 1955, WARRANT OFFICER JACKSON ISSUED LETTER ORDER 1-567, PARAGRAPH 2 OF WHICH STATED THAT YOUR STATION WAS CAMP SCHIMMELPFENNIG AND THAT YOU WERE ON TEMPORARY DUTY WITH 8192D AU (AT CAMP CRAWFORD). ON MAY 14, 1955, WARRANT OFFICER JACKSON ISSUED LETTER ORDER 1-730 REVOKING THE ORDERS OF DECEMBER 20, 1954, JANUARY 20, 1955 AND MARCH 30, 1955. ON THE SAME DATE, THE CHIEF OF STAFF, HEADQUARTERS 1ST CAVALRY DIVISION, BY DIRECTION OF THE COMMANDING GENERAL, ISSUED SPECIAL ORDERS NO. 113, THREE PARAGRAPHS OF WHICH PERTAIN TO YOU. PARAGRAPH 11 CONFIRMED VERBAL ORDERS OF THE COMMANDING GENERAL, DECEMBER 18, 1954, PLACING YOU ON PERMANENT DUTY AT CAMP CRAWFORD WITH TEMPORARY DUTY AT THE SAME STATION. PARAGRAPH 12 CONFIRMED THE COMMANDING GENERAL'S VERBAL ORDERS OF APRIL 28, 1955, DIRECTING YOU TO RETURN TO CAMP SCHIMMELPFENNIG ON A PERMANENT CHANGE OF STATION. APPARENTLY YOU TRAVELED PURSUANT TO THOSE ORDERS. PARAGRAPH 13 REVOKED THE ORDERS OF MARCH 7, 1955, WHICH HAD PLACED YOU ON PERMANENT DUTY AT CAMP CRAWFORD ON THAT DATE.

THE ACTION OF THE COMMANDING GENERAL, HEADQUARTERS FIRST CAVALRY DIVISION, APO 201, IN REVOKING THE ORDERS OF DECEMBER 20, 1954, JANUARY 20, 1955, AND MARCH 7, 1955, AND UNEQUIVOCALLY CONFIRMING BY ORDERS OF MAY 14, 1955, VERBAL ORDERS OF DECEMBER 18, 1954, DIRECTING YOU TO PROCEED ON DECEMBER 18, 1954, ON PERMANENT CHANGE OF STATION TO CAMP CRAWFORD IS STRONG EVIDENCE THAT THE WRITTEN ORDERS RECEIVED BY YOU WERE NOT IN ACCORD WITH HIS VERBAL ORDERS ISSUED ON DECEMBER 18, 1954. WHILE YOU ALLEGE THAT THE VERBAL ORDERS CONFIRMED ON MAY 14, 1955, WERE NOT ACTUALLY ISSUED, YOUR STATEMENT, A YEAR AFTER THE DUTY HAD BEEN COMPLETED, MAY NOT BE CONSIDERED SUFFICIENT FOR THIS OFFICE TO DISREGARD THE OFFICIAL CONFIRMATORY ORDERS ISSUED. ACCORDINGLY, ON THE PRESENT RECORD, YOU ARE NOT ENTITLED TO PER DIEM FOR THE PERIOD IN QUESTION, AND THE SETTLEMENT OF SEPTEMBER 20, 1957, WAS CORRECT AND IS SUSTAINED.

WITH RESPECT TO YOUR REQUEST FOR THE RETURN OF COPIES OF ALL ORDERS AND INFORMATION YOU HAVE SUBMITTED TO SUPPORT YOUR CLAIM, YOU ARE ADVISED THAT SUCH PAPERS HAVE BECOME A PART OF THE PERMANENT RECORDS OF THE GENERAL ACCOUNTING OFFICE FORMING THE BASIS FOR THE SETTLEMENT OF YOUR CLAIM, AND MAY NOT BE RETURNED.

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