B-144829, JUN. 1, 1961
Highlights
YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED NOVEMBER 22. UPON REVIEW SUCH ACTION WAS SUSTAINED BY DECISION B-144829. IN WHICH IT WAS SAID THAT PER DIEM PAYMENTS MADE ADMINISTRATIVELY BEFORE JULY 1. THAT WERE INCONSISTENT WITH THE CALIFANO RULING WOULD NOT BE QUESTIONED IF OTHERWISE PROPER. IT WAS SUGGESTED THAT THE PER DIEM PAYMENTS WHICH YOU INDICATE WERE RECEIVED BY OTHER ENLISTED MEN WHILE ATTENDING SCHOOL AT FORT BENJAMIN HARRISON PRESUMABLY WERE MADE BY THE DEPARTMENT OF THE ARMY PRIOR TO JULY 1. IN YOUR PRESENT LETTER YOU SAY THE PAYMENTS WERE MADE ON JULY 7. WHILE THE CUTOFF DATE FOR ADMINISTRATIVE PAYMENTS OF PER DIEM UNDER CIRCUMSTANCES LIKE THOSE INVOLVED IN THE CALIFANO CASE ORIGINALLY WAS JULY 1.
B-144829, JUN. 1, 1961
TO MR. ARTHUR M. SUZUKI:
YOUR LETTER OF MAY 15, 1961, REQUESTS FURTHER CONSIDERATION OF YOUR CLAIM FOR PER DIEM FOR TEMPORARY DUTY AT FORT BENJAMIN HARRISON, INDIANA, DURING THE PERIOD NOVEMBER 10, 1956, TO FEBRUARY 10, 1957, WHILE SERVING AS AN ENLISTED MEMBER OF THE ARMY.
YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED NOVEMBER 22, 1960, AND UPON REVIEW SUCH ACTION WAS SUSTAINED BY DECISION B-144829, DATED MARCH 24, 1961, BASED ON THE DECISION OF THE COURT OF CLAIMS IN THE CASE OF CALIFANO V. UNITED STATES, CT.CL. NO. 86-58, DECIDED MARCH 4, 1959. IN THAT DECISION WE REFERRED TO DECISION OF JUNE 19, 1959, 38 COMP. GEN. 849, IN WHICH IT WAS SAID THAT PER DIEM PAYMENTS MADE ADMINISTRATIVELY BEFORE JULY 1, 1959, THAT WERE INCONSISTENT WITH THE CALIFANO RULING WOULD NOT BE QUESTIONED IF OTHERWISE PROPER, AND IT WAS SUGGESTED THAT THE PER DIEM PAYMENTS WHICH YOU INDICATE WERE RECEIVED BY OTHER ENLISTED MEN WHILE ATTENDING SCHOOL AT FORT BENJAMIN HARRISON PRESUMABLY WERE MADE BY THE DEPARTMENT OF THE ARMY PRIOR TO JULY 1, 1959. IN YOUR PRESENT LETTER YOU SAY THE PAYMENTS WERE MADE ON JULY 7, 1959.
WHILE THE CUTOFF DATE FOR ADMINISTRATIVE PAYMENTS OF PER DIEM UNDER CIRCUMSTANCES LIKE THOSE INVOLVED IN THE CALIFANO CASE ORIGINALLY WAS JULY 1, 1959, AS INDICATED ABOVE BY DECISION B-138900, DATED JANUARY 11, 1960, COPY ENCLOSED, PUBLISHED AT 39 COMP. GEN. 506, 507, WE ADVISED THE SECRETARY OF THE AIR FORCE THAT WE WOULD NOT OBJECT TO PER DIEM PAYMENTS MADE ADMINISTRATIVELY BEFORE OCTOBER 1, 1959, ON THE BASIS OF PRIOR DECISIONS. A COPY OF THAT DECISION WAS FURNISHED TO THE SECRETARY OF THE ARMY AND IS APPLICABLE TO THE PAYMENTS YOU MENTION. HOWEVER, THE CHANGE IN CUTOFF DATE HAS NO BEARING ON YOUR CASE. YOUR CLAIM FOR PER DIEM WAS NOT PAID ADMINISTRATIVELY BUT WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON OCTOBER 17, 1960, AND NECESSARILY WAS DISALLOWED IN ACCORDANCE WITH THE RULING IN THE CALIFANO CASE.
SINCE YOUR LETTER AFFORDS NO BASIS FOR MODIFICATION OF THE PRIOR ACTION IN YOUR CASE THE DECISION OF MARCH 24, 1961, IS AFFIRMED.