B-128335, JUL 18, 1956

B-128335, JUL 18, 1956

PRECIS-UNAVAILABLE

CAPTAIN GEORGE L. PRESS, DEPARTMENT OF THE ARMY:

YOUR LETTER OF JUNE 14, 1956, WITH ENCLOSURES, TRANSMITTED HERE BY THE CHIEF OF FINANCE, REQUESTS AN ADVANCE DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON VOUCHERS STATED IN FAVOR OF LIEUTENANT COLONEL SAMUEL G. ASHDOWN, SPECIALIST 2D CLASS ROBERT D. STEVENSON, AND SPECIALIST 3D CLASS WILLIAM A. THORPE, FOR PER DIEM ALLOWANCES FOR TEMPORARY DUTY AT VINT HILL FARMS STATION, WARRENTON, VIRGINIA.

COLONEL ASHDOWN'S VOUCHER IS SUPPORTED BY MOVEMENT ORDERS 379TH SIGNAL BATTALION (SUPPORT), ISSUED AT FORT GORDON, GEORGIA, MAY 5, 1956, WHICH PROHIBIT PAYMENT OF PER DIEM TO THE MEMBERS CONCERNED FOR THE TEMPORARY DUTY HERE INVOLVED, PRESUMABLY BECAUSE THE ORDER ISSUING AUTHORITY REGARDED THE DUTY ENJOINED AS FALLING WITHIN THE PURVIEW OF PARAGRAPHS 1 AND 3B OF ARMY REGULATIONS 35-3080, DATED OCTOBER 11, 1955, IMPLEMENTING PARAGRAPH 4201-6 OF THE JOINT TRAVEL REGULATIONS. THE ORDERS UNDER WHICH STEVENSON AND THORPE, SPECIALISTS, ARE PERFORMING TEMPORARY DUTY AT VINT HILL FARMS STATION, LETTER ORDERS 357 AND 358, RESPECTIVELY, ISSUED AT FORT MONMOUTH, NEW JERSEY, ON MAY 29, 1956, PROVIDE THAT "PER DIEM ALLOWANCE AS PRESCRIBED IN JOINT TRAVEL REGULATIONS IS AUTHORIZED."

IT IS POINTED OUT IN THE CERTIFICATE, WHICH ACCOMPANIED THE VOUCHERS, THAT THE SUPPORT TROOPS FROM FORT GORDON, MANY OF WHOM ARE HIGHLY SKILLED TECHNICAL PERSONNEL, NECESSARILY SERVE AS KITCHEN POLICE AND PERFORM GUARD DUTY AND OTHER ROUTINE DUTIES IN MAINTENANCE OF TECHNICAL PERSONNEL ON TEMPORARY DUTY FROM OTHER STATIONS, INCLUDING FORT MONMOUTH, WHO ARE UNDERGOING A PERIOD OF ADVANCE TRAINING TO FAMILIARIZE THEM WITH EQUIPMENT AND PROCEDURES IN ORDER TO ASSURE EFFICIENT OPERATION OF THE COMMUNICATIONS SYSTEMS AT PEAK TRAFFIC FLOW DURING A CONTEMPLATED FUTURE EXERCISE TO LAST FROM 5 TO 7 DAYS. ALL PERSONNEL ARE QUARTERED AND RATIONED AT VINT HILL FARMS STATION. THE OFFICERS LIVE IN BACHELOR OFFICERS' QUARTERS AND PAY THE USUAL FEES. THOSE NOT ON PER DIEM PAY THE REGULAR RATE AND SURCHARGE FOR MEALS TAKEN. ALL ENLISTED MEN ARE QUARTERED IN SQUAD TENTS AND SUBSISTED IN THE GARRISON MESS. THE OPINION IS EXPRESSED IN THE CERTIFICATE THAT, WITH THE POSSIBLE EXCEPTION OF THE PERIOD OF THE ACTUAL EXERCISE, THE TEMPORARY DUTY BEING PERFORMED, AND TO BE PERFORMED, BY BOTH SUPPORT AND TECHNICAL PERSONNEL DOES NOT DIFFER MATERIALLY FROM TEMPORARY DUTY ORDINARILY PERFORMED AT A MILITARY INSTALLATION. YOUR QUESTIONS, IN BRIEF, ARE WHETHER THE TEMPORARY DUTY BEING PERFORMED FALLS UNDER ARMY REGULATIONS 35-3080 AND, IF NOT, MAY PER DIEM BE PAID RETROACTIVELY DISREGARDING PRESENT ORDERS? IF SO, MAY PER DIEM, NONETHELESS, BE PAID TO MEMBERS WHOSE ORDERS SPECIFICALLY AUTHORIZE PER DIEM?

CHAPTER 4, PART E, PARAGRAPH 4200, JOINT TRAVEL REGULATIONS, PROVIDES THAT UNLESS OTHERWISE SPECIFICALLY PROVIDED FOR, OR RESTRICTED, THE PER DIEM ALLOWANCES PRESCRIBED IN THAT CHAPTER ARE APPLICABLE FOR ALL PERIODS OF TEMPORARY DUTY IN THE UNITED STATES. PARAGRAPH 4205-6 OF THESE REGULATIONS SETS OUT THE RATES OF PER DIEM TO BE PAID IF OTHERWISE AUTHORIZED, UNLESS THE SECRETARY CONCERNED, OR HIS DELEGATE, AUTHORIZES "NO PER DIEM," OR RATES OF PER DIEM IN LESSER AMOUNTS THAN THOSE INDICATED. CERTAIN SPECIAL CASES UNDER WHICH TEMPORARY DUTY PER DIEM ALLOWANCES ARE NOT PAYABLE ARE ENUMERATED IN PARAGRAPH 4201, JOINT TRAVEL REGULATIONS, INCLUDING SUBPARAGRAPH (6) WHICH PROVIDES THAT TEMPORARY DUTY PER DIEM ALLOWANCES ARE NOT PAYABLE WHILE PERSONNEL ARE PARTICIPATING IN MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES, AND OTHER SIMILAR ACTIVITIES, WHERE BOTH RATIONS IN KIND (INCLUDING FIELD RATIONS) AND QUARTERS ARE AVAILABLE OR FURNISHED. THE RATIONS IN KIND AND QUARTERS REQUIRED TO BE MADE AVAILABLE ARE DEFINED IN ARMY REGULATIONS 35-3080, OCTOBER 11, 1955, SUPERSEDED ON MAY 15, 1956, BY A REGULATION OF THE SAME NUMBER WITHOUT APPARENT MATERIAL CHANGE, AS RATIONS IN KIND FURNISHED OR MADE AVAILABLE FOR WHICH, AS TO OFFICERS, COLLECTION WILL BE MADE AT THE FIELD RATION RATE, AND ANY GOVERNMENT QUARTERS FURNISHED OR MADE AVAILABLE WHETHER OR NOT THEY ARE UTILIZED.

THE PERSONNEL HERE INVOLVED APPARENTLY ARE BEING FURNISHED QUARTERS AND SUBSISTENCE AS FOR FIELD DUTY AND, WHILE THE NATURE OF THE DUTY MAY BE SUCH THAT IT MAY NOT PROPERLY BE CLASSIFIED AS MANEUVERS OR FIELD EXERCISES, ON THE BASIS OF THE REPORTED FACTS AND CIRCUMSTANCES WE WOULD NOT BE WARRANTED IN CONCLUDING THAT THE TEMPORARY DUTY BEING PERFORMED DOES NOT FALL WITHIN THE MEANING OF "OTHER SIMILAR ACTIVITIES" AS THIS TERM IS USED IN PARAGRAPH 4201-6 OF THE JOINT TRAVEL REGULATIONS.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, PAYMENT ON THE SUBMITTED VOUCHERS, WHICH ARE RETAINED HERE, IS NOT AUTHORIZED.