B-115091, SEP 3, 1954
Highlights
EUGENE WHEATLEY: REFERENCE IS MADE TO YOUR LETTER OF MAY 24. A DISALLOWANCE OF WHICH WAS SUSTAINED IN DECISION DATED DECEMBER 15. YOU HAVE SUBMITTED A COPY OF ORDERS DATED JUNE 20. YOUR CLAIM WAS DISALLOWED UNDER REGULATIONS BARRING PAYMENT OF PER DIEM FOR FIELD DUTY. " WHERE BOTH RATIONS IN KIND AND GOVERNMENT QUARTERS WERE AVAILABLE. IT WOULD SEEM THAT TEMPORARY DUTY IN CONNECTION WITH AIRBORNE ACTIVITIES AND WHICH YOU HAVE DESCRIBED AS HELPING IN THE "TESTING OF A NEW TYPE PARACHUTE. YOU ARE ADVISED THAT ON THE PRESENT RECORD THE AMENDATORY ORDERS OF JUNE 20.
B-115091, SEP 3, 1954
PRECIS-UNAVAILABLE
MR. EUGENE WHEATLEY:
REFERENCE IS MADE TO YOUR LETTER OF MAY 24, 1954, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR PER DIEM DURING THE PERIODS APRIL 1 TO 13 AND MAY 6 TO 12, 1951, A DISALLOWANCE OF WHICH WAS SUSTAINED IN DECISION DATED DECEMBER 15, 1953, B-115091.
IN SUPPORT OF YOUR REQUEST, YOU HAVE SUBMITTED A COPY OF ORDERS DATED JUNE 20, 1951, WHICH PURPORT TO AMEND PARAGRAPH 16 OF THE ORDERS OF MAY 15, 1951, SO AS TO OMIT THE REFERENCE TO AIRBORNE MANEUVERS, AND TO DIRECT TEMPORARY DUTY AT POPE AIR FORCE BASE, NORTH CAROLINA, "IN CONNECTION WITH AIRBORNE ACTIVITIES."
YOUR CLAIM WAS DISALLOWED UNDER REGULATIONS BARRING PAYMENT OF PER DIEM FOR FIELD DUTY, INCLUDING MANEUVERS, FIELD EXERCISES "AND OTHER SIMILAR ACTIVITIES," WHERE BOTH RATIONS IN KIND AND GOVERNMENT QUARTERS WERE AVAILABLE. WHILE THE AMENDATORY ORDERS OF JUNE 20, 1951, PURPORT TO OMIT THE REFERENCE TO MANEUVERS, IT WOULD SEEM THAT TEMPORARY DUTY IN CONNECTION WITH AIRBORNE ACTIVITIES AND WHICH YOU HAVE DESCRIBED AS HELPING IN THE "TESTING OF A NEW TYPE PARACHUTE," COULD BE REGARDED AS ONE OF THE "OTHER SIMILAR ACTIVITIES" CONTEMPLATED BY THE REGULATIONS, AND THIS OFFICE CANNOT CONCLUDE THAT AS A MATTER OF LAW IT SHOULD NOT BE SO REGARDED. THE AMENDING ORDERS GIVE NO EXPLANATION FOR THE CHANGE IN LANGUAGE. ANY CLAIM BASED ON A CHANGE OR CORRECTION IN A TRAVEL ORDER SHOULD BE SUPPORTED BY A COMPLETE STATEMENT OF THE FACTS AND CIRCUMSTANCES INVOLVED. 24 COMP. GEN. 439.
ACCORDINGLY, YOU ARE ADVISED THAT ON THE PRESENT RECORD THE AMENDATORY ORDERS OF JUNE 20, 1951, FURNISH NO BASIS FOR THE PAYMENT OF YOUR CLAIM.